[Senate Document 113-1]
[From the U.S. Government Publishing Office]
113th Congress, 1st Session - - - - - - - Senate Document 113-1
_______________________________________________________________________
SENATE MANUAL
containing the
STANDING RULES, ORDERS, LAWS, AND RESOLUTIONS AFFECTING THE
BUSINESS
of the
UNITED STATES SENATE
declaration of independence
articles of confederation
ordinance of 1787
and the
constitution of the united states
Prepared by
Matthew McGowan
Under the Direction of
Kelly L. Fado
Staff Director
Committee on Rules and Administration
Chairman, Charles E. Schumer
United States Senate
One Hundred Thirteenth Congress
113th Congress, 1st Session - - - - - - - Senate Document 113-1
_______________________________________________________________________
SENATE MANUAL
containing the
STANDING RULES, ORDERS, LAWS, AND RESOLUTIONS AFFECTING THE
BUSINESS
of the
UNITED STATES SENATE
declaration of independence
articles of confederation
ordinance of 1787
and the
constitution of the united states
Prepared by
Matthew McGowan
Under the Direction of
Kelly L. Fado
Staff Director
Committee on Rules and Administration
Chairman, Charles E. Schumer
United States Senate
One Hundred Thirteenth Congress
U.S. Government Printing Office
Washington : 2014
Available via the World Wide Web: www.gpo.gov/senatemanual
_______________________________________________________________________
For sale by the Superintendent of Documents, U.S. Government Printing
Office Internet: bookstore.gpo.govPhone: toll-free (866) 512-1800;
DC area (202) 512-1800 Fax: (202) 512-2550 Mail: Stop SSOP,
Washington, DC 20402-0001
COMMITTEE ON RULES AND ADMINISTRATION
CHARLES E. SCHUMER, New York, Chairman
DIANNE FEINSTEIN, California PAT ROBERTS, Kansas
RICHARD J. DURBIN, Illinois MITCH McCONNELL, Kentucky
MARK L. PRYOR, Arkansas THAD COCHRAN, Mississippi
TOM UDALL, New Mexico SAXBY CHAMBLISS, Georgia
MARK WARNER, Virginia LAMAR ALEXANDER, Tennessee
PATRICK LEAHY, Vermont RICHARD SHELBY, Alabama
AMY KLOBUCHAR, Minnesota ROY BLUNT, Missouri
ANGUS S. KING, JR., Maine TED CRUZ, Texas
JOHN E. WALSH, Montana
Kelly L. Fado, Staff Director
Mary Suit Jones, Republican Staff Director
______
Printed pursuant to 44 U.S.C. Sec. 720.
The Committee would like to acknowledge and thank Sara
Jones, Office of Senate Legal Counsel, and Beth Hahn, Senate
Historical Office, for their significant assistance in
compiling and editing this document.
(II)
TABLE OF CONTENTS
Senate Manual Section
Rules, Laws, Procedures:
Standing Rules of the Senate............ 1
(Itemized list on page vii)
Index to Standing Rules of the
Senate...................... 50
Nonstatutory Standing Orders not
embraced in the Rules, and
Resolutions Affecting the Business
of the Senate....................... 60
Rules for Regulation of the Senate Wing
of the Capitol and Senate Office
Buildings........................... 150
Rules for Impeachment Trials............ 170
Cleaves' Manual of Conferences and
Conference Reports.................. 200
Index........................... 261
General and Permanent Laws Relating to
the Senate
(Extracts from the United States
Code):
Contents........................ 270
Text............................ 275
Historical Documents:
Declaration of Independence............. 1700
Articles of Confederation............... 1701
Ordinance of 1787....................... 1702
Constitution of the United States....... 1710
Ratification......................1719
Amendments........................1720
Index........................... 1750
Statistical Data:
Presidents Pro Tempore of the Senate
(1st-113th Cong.)................... 1800
Deputy Presidents Pro Tempore of the
Senate.............................. 1801
Permanent Acting President Pro Tempore
of the Senate (88th-95th Cong.)..... 1802
Presidents Pro Tempore Emeritus of the
Senate (107th-110th Cong.).......... 1803
Senators of the United States (1st-113th
Cong.).............................. 1804
Index........................... 1905
Electoral Votes, President and Vice
President (1789-2013)............... 1906
Supreme Court Justices (1789-2014)...... 1970
Cabinet Officers (1789-2014)............ 1971
Ratification of the Constitution by the
Thirteen Original States............ 1990
States Admitted into the Union Since the
Adoption of the Constitution........ 1991
The District of Columbia................ 1992
The Commonwealth of Puerto Rico, the
Insular Possessions, and Trust
Territory of the Pacific Islands.... 1993
Apportionments of Representatives....... 1994
General Index................................... 2000
(iii)
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RULES, LAWS, PROCEDURES
===========================================================_
STANDING RULES OF THE SENATE
Senate
Manual
Section
Rule
I. Appointment of a Senator to the Chair..... 1
II. Presentation of credentials and questions
of privilege.......................... 2
III. Oaths..................................... 3
IV. Commencement of daily sessions............ 4
V. Suspension and amendment of the rules..... 5
VI. Quorum--absent Senators may be sent for... 6
VII. Morning business.......................... 7
VIII. Order of business......................... 8
IX. Messages.................................. 9
X. Special orders............................ 10
XI. Papers--withdrawal, printing, reading of,
and reference......................... 11
XII. Voting procedure.......................... 12
XIII. Reconsideration........................... 13
XIV. Bills, joint resolutions, resolutions, and
preambles thereto..................... 14
XV. Amendments and motions.................... 15
XVI. Appropriations and amendments to general
appropriations bills.................. 16
XVII. Reference to committees; motions to
discharge; reports of committees; and
hearings available.................... 17
XVIII. Business continued from session to session 18
XIX. Debate.................................... 19
XX. Questions of order........................ 20
XXI. Session with closed doors................. 21
XXII. Precedence of motions..................... 22
XXIII. Privilege of the floor.................... 23
XXIV. Appointment of committees................. 24
XXV. Standing committees....................... 25
Agriculture, Nutrition, and Forestry.... 25.1a
Appropriations.......................... 25.1b
Armed Services.......................... 25.1c
Banking, Housing, and Urban Affairs..... 25.1d
Budget.................................. 25.1e
Commerce, Science, and Transportation... 25.1f
Energy and Natural Resources............ 25.1g
Environment and Public Works............ 25.1h
Finance................................. 25.1i
Foreign Relations....................... 25.1j
Governmental Affairs.................... 25.1k
Health, Education, Labor, and Pensions.. 25.1l
Judiciary............................... 25.1m
Rules and Administration................ 25.1n
Small Business and Entrepreneurship..... 25.1o
Veterans' Affairs....................... 25.1p
Number of members....................... 25.2-
25.3c
Senate
Manual
Section
Rule
Limitations and exceptions in respect to
committee membership.................. 25.4
XXVI. Committee procedure....................... 26
XXVII. Committee staff........................... 27
XXVIII. Conference committees; reports; open
meetings.............................. 28
XXIX. Executive sessions........................ 29
XXX. Executive session--proceedings on treaties 30
XXXI. Executive session--proceedings on
nominations........................... 31
XXXII. The President furnished with copies of
records of executive sessions......... 32
XXXIII. Senate Chamber--Senate wing of the Capitol 33
XXXIV. Public financial disclosure............... 34
XXXV. Gifts..................................... 35
XXXVI. Outside earned income..................... 36
XXXVII. Conflict of interest...................... 37
XXXVIII. Prohibition of unofficial office accounts. 38
XXXIX. Foreign travel............................ 39
XL. Franking privilege and radio and
television studios.................... 40
XLI. Political fund activity; definitions...... 41
XLII. Employment practices...................... 42
XLIII. Representation by Members................. 43
XLIV. Congressionally directed spending and
related items......................... 44
(viii)
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STANDING RULES OF THE SENATE
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[The 1979 general revision of the rules was accomplished by
the adoption of S. Res. 274 on Nov. 14, 1979, a
resolution submitted by Mr. Robert C. Byrd for himself
and Mr. Baker; the preparation of the proposed revision
was pursuant to the adoption of S. Res. 156 on May 10,
1976, a resolution by Mr. Robert C. Byrd; the general
revision of the rules set forth in S. Res. 274 was
somewhat altered in form by the adoption of S. Res. 389
on Mar. 25, 1980, to consolidate and renumber certain
standing rules of the Senate.
[Changes to Senate rules since the last general revision in
1979 are indicated by footnotes in each succeeding
edition of the Senate Manual.
[For the origin of various changes in Senate procedure
between 1884 and 1979, as set forth in rules changes,
adopted resolutions, and Legislative Reorganization
Acts, see the table on p. XVI of Riddick's Senate
Procedure, 1992.]
--------
1 RULE I
APPOINTMENT OF A SENATOR TO THE CHAIR
1.1 1. In the absence of the Vice President, the Senate
shall choose a President pro tempore, who shall hold the
office and execute the duties thereof during the pleasure of
the Senate and until another is elected or his term of
office as a Senator expires.
1.2 2. In the absence of the Vice President, and pending the
election of a President pro tempore, the Acting President
pro tempore or the Secretary of the Senate, or in his
absence the Assistant Secretary, shall perform the duties of
the Chair.
1.3 3. The President pro tempore shall have the right to
name in open Senate or, if absent, in writing, a Senator to
perform the duties of the Chair, including the signing of
duly enrolled bills and joint resolutions but such
substitution shall not extend beyond an adjournment, except
by unanimous consent; and the Senator so named shall have
the right to name in open session, or, if absent, in
writing, a Senator to perform the duties of the Chair, but
not to extend beyond an adjournment, except by unanimous
consent.
2 RULE II
PRESENTATION OF CREDENTIALS AND QUESTIONS OF PRIVILEGE
2.1 1. The presentation of the credentials of Senators elect
or of Senators designate and other questions of privilege
shall always be in order, except during the reading and
correction of the Journal, while a question of order or a
motion to adjourn is pending, or while the Senate is voting
or ascertaining the presence of a quorum; and all questions
and motions arising or made upon the presentation of such
credentials shall be proceeded with until disposed of.
2.2 2. The Secretary shall keep a record of the certificates
of election and certificates of appointment of Senators by
entering in a well-bound book kept for that purpose the date
of the election or appointment, the name of the person
elected or appointed, the date of the certificate, the name
of the governor and the secretary of state signing and
counter-signing the same, and the State from which such
Senator is elected or appointed.
2.3 3. The Secretary of the Senate shall send copies of the
following recommended forms to the governor and secretary of
state of each State wherein an election is about to take
place or an appointment is to be made so that they may use
such forms if they see fit.
THE RECOMMENDED FORMS FOR CERTIFICATES OF ELECTION AND
CERTIFICATE OF APPOINTMENT ARE AS FOLLOWS:\1\
``CERTIFICATE OF ELECTION FOR SIX-YEAR TERM
``To the President of the Senate of the United States:
``This is to certify that on the -- day of --, 20--, A--
-- B---- was duly chosen by the qualified electors of the
State of ---- a Senator from said State to represent said
State in the Senate of the United States for the term of six
years, beginning on the 3d day of January, 20--.
---------------------------------------------------------------------------
\1\All year designations within the following
certificates were changed from 19 to 20 by S. Res. 99, 106-
2, Apr. 27, 2000.
---------------------------------------------------------------------------
``Witness: His excellency our governor ----, and our
seal hereto affixed at ---- this -- day of --, in the year
of our Lord 20--.
``By the governor:
``C---- D----,
``Governor.
``E---- F----,
``Secretary of State.''
``CERTIFICATE OF ELECTION FOR UNEXPIRED TERM
``To the President of the Senate of the United States:
``This is to certify that on the -- day of ----, 20--,
A---- B---- was duly chosen by the qualified electors of the
State of ---- a Senator for the unexpired term ending at
noon on the 3d day of January, 20--, to fill the vacancy in
the representation from said State in the Senate of the
United States caused by the -- of C---- D----.
``Witness: His excellency our governor ----, and our
seal hereto affixed at ---- this -- day of --, in the year
of our Lord 20--.
``By the governor:
``E---- F----,
``Governor.
``G---- H----,
``Secretary of State.''
``CERTIFICATE OF APPOINTMENT
``To the President of the Senate of the United States:
``This is to certify that, pursuant to the power vested
in me by the Constitution of the United States and the laws
of the State of ----, I, A---- B----, the governor of said
State, do hereby appoint C---- D---- a Senator from said
State to represent said State in the Senate of the United
States until the vacancy therein caused by the ---- of E----
F----, is filled by election as provided by law.
``Witness: His excellency our governor ----, and our
seal hereto affixed at ---- this -- day of --, in the year
of our Lord 20--.
``By the governor:
``G---- H----,
``Governor.
``I---- J----,
``Secretary of State.''
3 RULE III
OATHS
The oaths or affirmations required by the Constitution
and prescribed by law shall be taken and subscribed by each
Senator, in open Senate, before entering upon his duties.
OATH REQUIRED BY THE CONSTITUTION AND BY LAW TO BE TAKEN BY
SENATORS
``I, A---- B---- do solemnly swear (or affirm) that I
will support and defend the Constitution of the United
States against all enemies, foreign and domestic; that I
will bear true faith and allegiance to the same; that I take
this obligation freely, without any mental reservation or
purpose of evasion; and that I will well and faithfully
discharge the duties of the office on which I am about to
enter: So help me God.'' (5 U.S.C. 3331.)
4 RULE IV
COMMENCEMENT OF DAILY SESSIONS
4.1a 1. (a)\2\ The Presiding Officer having taken the chair,
following the prayer by the Chaplain, and after the
Presiding Officer, or a Senator designated by the Presiding
Officer, leads the Senate from the dais in reciting the
Pledge of Allegiance to the Flag of the United States, and a
Quorum being present, the Journal of the preceding day shall
be read unless by nondebatable motion the reading shall be
waived, the question being, ``Shall the Journal stand
approved to date?'', and any mistake made in the entries
corrected. Except as provided in subparagraph (b) the
reading of the Journal shall not be suspended unless by
unanimous consent; and when any motion shall be made to
amend or correct the same, it shall be deemed a privileged
question, and proceeded with until disposed of.
---------------------------------------------------------------------------
\2\As amended by S. Res. 28, 99-2, Feb. 27, 1986; S.
Res. 113, 106-1, June 23, 1999.
---------------------------------------------------------------------------
4.1b (b) Whenever the Senate is proceeding under paragraph 2
of rule XXII, the reading of the Journal shall be dispensed
with and shall be considered approved to date.
4.1c (c) The proceedings of the Senate shall be briefly and
accurately stated on the Journal. Messages of the President
in full; titles of bills and resolutions, and such parts as
shall be affected by proposed amendments; every vote, and a
brief statement of the contents of each petition, memorial,
or paper presented to the Senate, shall be entered.
4.1d (d) The legislative, the executive, the confidential
legislative proceedings, and the proceedings when sitting as
a Court of Impeachment, shall each be recorded in a separate
book.
4.2 2. During a session of the Senate when that body is in
continuous session, the Presiding Officer shall temporarily
suspend the business of the Senate at noon each day for the
purpose of having the customary daily prayer by the
Chaplain.
5 RULE V
SUSPENSION AND AMENDMENT OF THE RULES
5.1 1. No motion to suspend, modify, or amend any rule, or
any part thereof, shall be in order, except on one day's
notice in writing, specifying precisely the rule or part
proposed to be suspended, modified, or amended, and the
purpose thereof. Any rule may be suspended without notice by
the unanimous consent of the Senate, except as otherwise
provided by the rules.
5.2 2. The rules of the Senate shall continue from one
Congress to the next Congress unless they are changed as
provided in these rules.
6 RULE VI
QUORUM--ABSENT SENATORS MAY BE SENT FOR
6.1 1. A quorum shall consist of a majority of the Senators
duly chosen and sworn.
6.2 2. No Senator shall absent himself from the service of
the Senate without leave.
6.3 3. If, at any time during the daily sessions of the
Senate, a question shall be raised by any Senator as to the
presence of a quorum, the Presiding Officer shall forthwith
direct the Secretary to call the roll and shall announce the
result, and these proceedings shall be without debate.
6.4 4. Whenever upon such roll call it shall be ascertained
that a quorum is not present, a majority of the Senators
present may direct the Sergeant at Arms to request, and,
when necessary, to compel the attendance of the absent
Senators, which order shall be determined without debate;
and pending its execution, and until a quorum shall be
present, no debate nor motion, except to adjourn, or to
recess pursuant to a previous order entered by unanimous
consent, shall be in order.
7 RULE VII
MORNING BUSINESS
7.1 1. On each legislative day after the Journal is read,
the Presiding Officer on demand of any Senator shall lay
before the Senate messages from the President, reports and
communications from the heads of Departments, and other
communications addressed to the Senate, and such bills,
joint resolutions, and other messages from the House of
Representatives as may remain upon his table from any
previous day's session undisposed of. The Presiding Officer
on demand of any Senator shall then call for, in the
following order:
The presentation of petitions and memorials.
Reports of committees.
The introduction of bills and joint resolutions.
The submission of other resolutions.
All of which shall be received and disposed of in such
order, unless unanimous consent shall be otherwise given,
with newly offered resolutions being called for before
resolutions coming over from a previous legislative day are
laid before the Senate.
7.2 2. Until the morning business shall have been concluded,
and so announced from the Chair, or until one hour after the
Senate convenes at the beginning of a new legislative day,
no motion to proceed to the consideration of any bill,
resolution, report of a committee, or other subject upon the
Calendar shall be entertained by the Presiding Officer,
unless by unanimous consent: Provided, however, That on
Mondays which are the beginning of a legislative day the
Calendar shall be called under rule VIII, and until two
hours after the Senate convenes no motion shall be
entertained to proceed to the consideration of any bill,
resolution, or other subject upon the Calendar except the
motion to continue the consideration of a bill, resolution,
or other subject against objection as provided in rule VIII,
or until the call of the Calendar has been completed.
7.3 3. The Presiding Officer may at any time lay, and it
shall be in order at any time for a Senator to move to lay,
before the Senate, any bill or other matter sent to the
Senate by the President or the House of Representatives for
appropriate action allowed under the rules and any question
pending at that time shall be suspended for this purpose.
Any motion so made shall be determined without debate.
7.4 4. Petitions or memorials shall be referred, without
debate, to the appropriate committee according to subject
matter on the same basis as bills and resolutions, if signed
by the petitioner or memorialist. A question of receiving or
reference may be raised and determined without debate. But
no petition or memorial or other paper signed by citizens or
subjects of a foreign power shall be received, unless the
same be transmitted to the Senate by the President.
7.5 5. Only a brief statement of the contents of petitions
and memorials shall be printed in the Congressional Record;
and no other portion of any petition or memorial shall be
printed in the Record unless specifically so ordered by vote
of the Senate, as provided for in paragraph 4 of rule XI, in
which case the order shall be deemed to apply to the body of
the petition or memorial only; and names attached to the
petition or memorial shall not be printed unless specially
ordered, except that petitions and memorials from the
legislatures or conventions, lawfully called, of the
respective States, Territories, and insular possessions
shall be printed in full in the Record whenever presented.
7.6 6. Senators having petitions, memorials, bills, or
resolutions to present after the morning hour may deliver
them in the absence of objection to the Presiding Officer's
desk, endorsing upon them their names, and with the approval
of the Presiding Officer, they shall be entered on the
Journal with the names of the Senators presenting them and
in the absence of objection shall be considered as having
been read twice and referred to the appropriate committees,
and a transcript of such entries shall be furnished to the
official reporter of debates for publication in the
Congressional Record, under the direction of the Secretary
of the Senate.
8 RULE VIII
ORDER OF BUSINESS
8.1 1. At the conclusion of the morning business at the
beginning of a new legislative day, unless upon motion the
Senate shall at any time otherwise order, the Senate shall
proceed to the consideration of the Calendar of Bills and
Resolutions, and shall continue such consideration until 2
hours after the Senate convenes on such day (the end of the
morning hour); and bills and resolutions that are not
objected to shall be taken up in their order, and each
Senator shall be entitled to speak once and for five minutes
only upon any question; and an objection may be interposed
at any stage of the proceedings, but upon motion the Senate
may continue such consideration; and this order shall
commence immediately after the call for ``other
resolutions'', or after disposition of resolutions coming
``over under the rule'', and shall take precedence of the
unfinished business and other special orders. But if the
Senate shall proceed on motion with the consideration of any
matter notwithstanding an objection, the foregoing
provisions touching debate shall not apply.
8.2 2. All motions made during the first two hours of a new
legislative day to proceed to the consideration of any
matter shall be determined without debate, except motions to
proceed to the consideration of any motion, resolution, or
proposal to change any of the Standing Rules of the Senate
shall be debatable. Motions made after the first two hours
of a new legislative day to proceed to the consideration of
bills and resolutions are debatable.
9 RULE IX
MESSAGES
9.1 1. Messages from the President of the United States or
from the House of Representatives may be received at any
stage of proceedings, except while the Senate is voting or
ascertaining the presence of a quorum, or while the Journal
is being read, or while a question of order or a motion to
adjourn is pending.
9.2 2. Messages shall be sent to the House of
Representatives by the Secretary, who shall previously
certify the determination of the Senate upon all bills,
joint resolutions, and other resolutions which may be
communicated to the House, or in which its concurrence may
be requested; and the Secretary shall also certify and
deliver to the President of the United States all
resolutions and other communications which may be directed
to him by the Senate.
10 RULE X
SPECIAL ORDERS
10.1 1. Any subject may, by a vote of two-thirds of the
Senators present, be made a special order of business for
consideration and when the time so fixed for its
consideration arrives the Presiding Officer shall lay it
before the Senate, unless there be unfinished business in
which case it takes its place on the Calendar of Special
Orders in the order of time at which it was made special, to
be considered in that order when there is no unfinished
business.
10.2 2. All motions to change such order, or to proceed to
the consideration of other business, shall be decided
without debate.
11 RULE XI
PAPERS--WITHDRAWAL, PRINTING, READING OF, AND REFERENCE
11.1 1. No memorial or other paper presented to the Senate,
except original treaties finally acted upon, shall be
withdrawn from its files except by order of the Senate.
11.2 2. The Secretary of the Senate shall obtain at the close
of each Congress all the noncurrent records of the Senate
and of each Senate committee and transfer them to the
General Services Administration for preservation, subject to
the orders of the Senate.
11.3 3. When the reading of a paper is called for, and
objected to, it shall be determined by a vote of the Senate,
without debate.
11.4 4. Every motion or resolution to print documents,
reports, and other matter transmitted by the executive
departments, or to print memorials, petitions, accompanying
documents, or any other paper, except bills of the Senate or
House of Representatives, resolutions submitted by a
Senator, communications from the legislatures or
conventions, lawfully called, of the respective States,
shall, unless the Senate otherwise order, be referred to the
Committee on Rules and Administration. When a motion is made
to commit with instructions, it shall be in order to add
thereto a motion to print.
11.5 5. Motions or resolutions to print additional numbers
shall also be referred to the Committee on Rules and
Administration; and when the committee shall report
favorably, the report shall be accompanied by an estimate of
the probable cost thereof; and when the cost of printing
such additional numbers shall exceed the sum established by
law, the concurrence of the House of Representatives shall
be necessary for an order to print the same.
11.6 6. Every bill and joint resolution introduced or
reported from a committee, and all bills and joint
resolutions received from the House of Representatives, and
all reports of committees, shall be printed, unless, for the
dispatch of the business of the Senate, such printing may be
dispensed with.
12 RULE XII
VOTING PROCEDURE
12.1 1. When the yeas and nays are ordered, the names of
Senators shall be called alphabetically; and each Senator
shall, without debate, declare his assent or dissent to the
question, unless excused by the Senate; and no Senator shall
be permitted to vote after the decision shall have been
announced by the Presiding Officer, but may for sufficient
reasons, with unanimous consent, change or withdraw his
vote. No motion to suspend this rule shall be in order, nor
shall the Presiding Officer entertain any request to suspend
it by unanimous consent.
12.2 2. When a Senator declines to vote on call of his name,
he shall be required to assign his reasons therefor, and
having assigned them, the Presiding Officer shall submit the
question to the Senate: ``Shall the Senator for the reasons
assigned by him, be excused from voting?'' which shall be
decided without debate; and these proceedings shall be had
after the rollcall and before the result is announced; and
any further proceedings in reference thereto shall be after
such announcement.
12.3 3. A Member, notwithstanding any other provisions of
this rule, may decline to vote, in committee or on the
floor, on any matter when he believes that his voting on
such a matter would be a conflict of interest.
12.4 4. No request by a Senator for unanimous consent for the
taking of a final vote on a specified date upon the passage
of a bill or joint resolution shall be submitted to the
Senate for agreement thereto until after a quorum call
ordered for the purpose by the Presiding Officer, it shall
be disclosed that a quorum of the Senate is present; and
when a unanimous consent is thus given the same shall
operate as the order of the Senate, but any unanimous
consent may be revoked by another unanimous consent granted
in the manner prescribed above upon one day's notice.
13 RULE XIII
RECONSIDERATION
13.1 1. When a question has been decided by the Senate, any
Senator voting with the prevailing side or who has not voted
may, on the same day or on either of the next two days of
actual session thereafter, move a reconsideration; and if
the Senate shall refuse to reconsider such a motion entered,
or if such a motion is withdrawn by leave of the Senate, or
if upon reconsideration the Senate shall affirm its first
decision, no further motion to reconsider shall be in order
unless by unanimous consent. Every motion to reconsider
shall be decided by a majority vote, and may be laid on the
table without affecting the question in reference to which
the same is made, which shall be a final disposition of the
motion.
13.2 2. When a bill, resolution, report, amendment, order, or
message, upon which a vote has been taken, shall have gone
out of the possession of the Senate and been communicated to
the House of Representatives, the motion to reconsider shall
be accompanied by a motion to request the House to return
the same; which last motion shall be acted upon immediately,
and without debate, and if determined in the negative shall
be a final disposition of the motion to reconsider.
14 RULE XIV
BILLS, JOINT RESOLUTIONS, RESOLUTIONS, AND PREAMBLES THERETO
14.1 1. Whenever a bill or joint resolution shall be offered,
its introduction shall, if objected to, be postponed for one
day.
14.2 2. Every bill and joint resolution shall receive three
readings previous to its passage which readings on demand of
any Senator shall be on three different legislative days,
and the Presiding Officer shall give notice at each reading
whether it be the first, second, or third: Provided, That
each reading may be by title only, unless the Senate in any
case shall otherwise order.
14.3 3. No bill or joint resolution shall be committed or
amended until it shall have been twice read, after which it
may be referred to a committee; bills and joint resolutions
introduced on leave, and bills and joint resolutions from
the House of Representatives, shall be read once, and may be
read twice, if not objected to, on the same day for
reference, but shall not be considered on that day nor
debated, except for reference, unless by unanimous consent.
14.4 4. Every bill and joint resolution reported from a
committee, not having previously been read, shall be read
once, and twice, if not objected to, on the same day, and
placed on the Calendar in the order in which the same may be
reported; and every bill and joint resolution introduced on
leave, and every bill and joint resolution of the House of
Representatives which shall have received a first and second
reading without being referred to a committee, shall, if
objection be made to further proceeding thereon, be placed
on the Calendar.
14.5 5. All bills, amendments, and joint resolutions shall be
examined under the supervision of the Secretary of the
Senate before they go out of the possession of the Senate,
and all bills and joint resolutions which shall have passed
both Houses shall be examined under the supervision of the
Secretary of the Senate, to see that the same are correctly
enrolled, and, when signed by the Speaker of the House and
the President of the Senate, the Secretary of the Senate
shall forthwith present the same, when they shall have
originated in the Senate, to the President of the United
States and report the fact and date of such presentation to
the Senate.
14.6 6. All other resolutions shall lie over one day for
consideration, if not referred, unless by unanimous consent
the Senate shall otherwise direct. When objection is heard
to the immediate consideration of a resolution or motion
when it is submitted, it shall be placed on the Calendar
under the heading of ``Resolutions and Motions over, under
the Rule,'' to be laid before the Senate on the next
legislative day when there is no further morning business
but before the close of morning business and before the
termination of the morning hour.
14.7 7. When a bill or joint resolution shall have been
ordered to be read a third time, it shall not be in order to
propose amendments, unless by unanimous consent, but it
shall be in order at any time before the passage of any bill
or resolution to move its commitment; and when the bill or
resolution shall again be reported from the committee it
shall be placed on the Calendar.
14.8 8. When a bill or resolution is accompanied by a
preamble, the question shall first be put on the bill or
resolution and then on the preamble, which may be withdrawn
by a mover before an amendment of the same, or ordering of
the yeas and nays; or it may be laid on the table without
prejudice to the bill or resolution, and shall be a final
disposition of such preamble.
14.9 9. Whenever a private bill, except a bill for a pension,
is under consideration, it shall be in order to move the
adoption of a resolution to refer the bill to the Chief
Commissioner of the Court of Claims for a report in
conformity with section 2509 of Title 28, United States
Code.
14.10 10. No private bill or resolution (including so-called
omnibus claims or pension bills), and no amendment to any
bill or resolution, authorizing or directing (1) the payment
of money for property damages, personal injuries, or death,
for which a claim may be filed under chapter 171 of Title
28, United States Code, or for a pension (other than to
carry out a provision of law or treaty stipulation); (2) the
construction of a bridge across a navigable stream; or (3)
the correction of a military or naval record, shall be
received or considered.
15 RULE XV
AMENDMENTS AND MOTIONS
15.1a 1. (a)\3\ An amendment and any instruction accompanying
a motion to recommit shall be reduced to writing and read
and identical copies shall be provided by the Senator
offering the amendment or instruction to the desks of the
Majority Leader and the Minority Leader before being
debated.
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\3\Pursuant to Pub. L. 110-81, Sep. 14, 2007, paragraph
1 was amended.
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15.1b (b) A motion shall be reduced to writing, if desired by
the Presiding Officer or by any Senator, and shall be read
before being debated.
15.2 2. Any motion, amendment, or resolution may be withdrawn
or modified by the mover at any time before a decision,
amendment, or ordering of the yeas and nays, except a motion
to reconsider, which shall not be withdrawn without leave.
15.3 3. If the question in debate contains several
propositions, any Senator may have the same divided, except
a motion to strike out and insert, which shall not be
divided; but the rejection of a motion to strike out and
insert one proposition shall not prevent a motion to strike
out and insert a different proposition; nor shall it prevent
a motion simply to strike out; nor shall the rejection of a
motion to strike out prevent a motion to strike out and
insert. But pending a motion to strike out and insert, the
part to be stricken out and the part to be inserted shall
each be regarded for the purpose of amendment as a question,
and motions to amend the part to be stricken out shall have
precedence.
15.4 4. When an amendment proposed to any pending measure is
laid on the table, it shall not carry with it, or prejudice,
such measure.
15.5 5. It shall not be in order to consider any proposed
committee amendment (other than a technical, clerical, or
conforming amendment) which contains any significant matter
not within the jurisdiction of the committee proposing such
amendment.
16 RULE XVI
APPROPRIATIONS AND AMENDMENTS TO GENERAL APPROPRIATIONS
BILLS
16.1 1. On a point of order made by any Senator, no
amendments shall be received to any general appropriation
bill the effect of which will be to increase an
appropriation already contained in the bill, or to add a new
item of appropriation, unless it be made to carry out the
provisions of some existing law, or treaty stipulation, or
act or resolution previously passed by the Senate during
that session; or unless the same be moved by direction of
the Committee on Appropriations or of a committee of the
Senate having legislative jurisdiction of the subject
matter, or proposed in pursuance of an estimate submitted in
accordance with law.
16.2 2. The Committee on Appropriations shall not report an
appropriation bill containing amendments to such bill
proposing new or general legislation or any restriction on
the expenditure of the funds appropriated which proposes a
limitation not authorized by law if such restriction is to
take effect or cease to be effective upon the happening of a
contingency, and if an appropriation bill is reported to the
Senate containing amendments to such bill proposing new or
general legislation or any such restriction, a point of
order may be made against the bill, and if the point is
sustained, the bill shall be recommitted to the Committee on
Appropriations.
16.3 3. All amendments to general appropriation bills moved
by direction of a committee having legislative jurisdiction
of the subject matter proposing to increase an appropriation
already contained in the bill, or to add new items of
appropriation, shall, at least one day before they are
considered, be referred to the Committee on Appropriations,
and when actually proposed to the bill no amendment
proposing to increase the amount stated in such amendment
shall be received on a point of order made by any Senator.
16.4 4. On a point of order made by any Senator, no amendment
offered by any other Senator which proposes general
legislation shall be received to any general appropriation
bill, nor shall any amendment not germane or relevant to the
subject matter contained in the bill be received; nor shall
any amendment to any item or clause of such bill be received
which does not directly relate thereto; nor shall any
restriction on the expenditure of the funds appropriated
which proposes a limitation not authorized by law be
received if such restriction is to take effect or cease to
be effective upon the happening of a contingency; and all
questions of relevancy of amendments under this rule, when
raised, shall be submitted to the Senate and be decided
without debate; and any such amendment or restriction to a
general appropriation bill may be laid on the table without
prejudice to the bill.
16.5 5. On a point of order made by any Senator, no
amendment, the object of which is to provide for a private
claim, shall be received to any general appropriation bill,
unless it be to carry out the provisions of an existing law
or a treaty stipulation, which shall be cited on the face of
the amendment.
16.6 6. When a point of order is made against any restriction
on the expenditure of funds appropriated in a general
appropriation bill on the ground that the restriction
violates this rule, the rule shall be construed strictly
and, in case of doubt, in favor of the point of order.
16.7 7. Every report on general appropriation bills filed by
the Committee on Appropriations shall identify with
particularity each recommended amendment which proposes an
item of appropriation which is not made to carry out the
provisions of an existing law, a treaty stipulation, or an
act or resolution previously passed by the Senate during
that session.
16.8 8. On a point of order made by any Senator, no general
appropriation bill or amendment thereto shall be received or
considered if it contains a provision reappropriating
unexpended balances of appropriations; except that this
provision shall not apply to appropriations in continuation
of appropriations for public works on which work has
commenced.
17 RULE XVII
REFERENCE TO COMMITTEES; MOTIONS TO DISCHARGE; REPORTS OF
COMMITTEES; AND HEARINGS AVAILABLE
17.1 1. Except as provided in paragraph 3, in any case in
which a controversy arises as to the jurisdiction of any
committee with respect to any proposed legislation, the
question of jurisdiction shall be decided by the presiding
officer, without debate, in favor of the committee which has
jurisdiction over the subject matter which predominates in
such proposed legislation; but such decision shall be
subject to an appeal.
17.2 2. A motion simply to refer shall not be open to
amendment, except to add instructions.
17.3a 3. (a) Upon motion by both the majority leader or his
designee and the minority leader or his designee, proposed
legislation may be referred to two or more committees
jointly or sequentially. Notice of such motion and the
proposed legislation to which it relates shall be printed in
the Congressional Record. The motion shall be privileged,
but it shall not be in order until the Congressional Record
in which the notice is printed has been available to
Senators for at least twenty-four hours. No amendment to any
such motion shall be in order except amendments to any
instructions contained therein. Debate on any such motion,
and all amendments thereto and debatable motions and appeals
in connection therewith, shall be limited to not more than
two hours, the time to be equally divided between, and
controlled by, the majority leader and the minority leader
or their designees.
17.3b (b) Proposed legislation which is referred to two or
more committees jointly may be reported only by such
committees jointly and only one report may accompany any
proposed legislation so jointly reported.
17.3c (c) A motion to refer any proposed legislation to two or
more committees sequentially shall specify the order of
referral.
17.3d (d) Any motion under this paragraph may specify the
portion or portions of proposed legislation to be considered
by the committees, or any of them, to which such proposed
legislation is referred, and such committees or committee
shall be limited, in the consideration of such proposed
legislation, to the portion or portions so specified.
17.3e (e) Any motion under this subparagraph may contain
instructions with respect to the time allowed for
consideration by the committees, or any of them, to which
proposed legislation is referred and the discharge of such
committees, or any of them, from further consideration of
such proposed legislation.
17.4a 4. (a) All reports of committees and motions to
discharge a committee from the consideration of a subject,
and all subjects from which a committee shall be discharged,
shall lie over one day for consideration, unless by
unanimous consent the Senate shall otherwise direct.
17.4b (b) Whenever any committee (except the Committee on
Appropriations) has reported any measure, by action taken in
conformity with the requirements of paragraph 7 of rule
XXVI, no point of order shall lie with respect to that
measure on the ground that hearings upon that measure by the
committee were not conducted in accordance with the
provisions of paragraph 4 of rule XXVI.
17.5 5.\4\ Any measure or matter reported by any standing
committee shall not be considered in the Senate unless the
report of that committee upon that measure or matter has
been available to Members for at least two calendar days
(excluding Sundays and legal holidays) prior to the
consideration of that measure or matter. If hearings have
been held on any such measure or matter so reported, the
committee reporting the measure or matter shall make every
reasonable effort to have such hearings printed and
available for distribution to the Members of the Senate
prior to the consideration of such measure or matter in the
Senate. This paragraph--
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\4\As amended by S. Res. 28, 99-2, Feb. 27, 1986.
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(1) may be waived by joint agreement of the
majority leader and the minority leader of the
Senate; and
(2) shall not apply to--
(A) any measure for the declaration of
war, or the declaration of a national
emergency, by the Congress, and
(B) any executive decision,
determination, or action which would become,
or continue to be, effective unless
disapproved or otherwise invalidated by one
or both Houses of Congress.
18 RULE XVIII
BUSINESS CONTINUED FROM SESSION TO SESSION
At the second or any subsequent session of a Congress
the legislative business of the Senate which remained
undetermined at the close of the next preceding session of
that Congress shall be resumed and proceeded with in the
same manner as if no adjournment of the Senate had taken
place.
19 RULE XIX
DEBATE
19.1a 1. (a) When a Senator desires to speak, he shall rise
and address the Presiding Officer, and shall not proceed
until he is recognized, and the Presiding Officer shall
recognize the Senator who shall first address him. No
Senator shall interrupt another Senator in debate without
his consent, and to obtain such consent he shall first
address the Presiding Officer, and no Senator shall speak
more than twice upon any one question in debate on the same
legislative day without leave of the Senate, which shall be
determined without debate.
19.1b (b) At the conclusion of the morning hour at the
beginning of a new legislative day or after the unfinished
business or any pending business has first been laid before
the Senate on any calendar day, and until after the duration
of three hours of actual session after such business is laid
down except as determined to the contrary by unanimous
consent or on motion without debate, all debate shall be
germane and confined to the specific question then pending
before the Senate.
19.2 2. No Senator in debate shall, directly or indirectly,
by any form of words impute to another Senator or to other
Senators any conduct or motive unworthy or unbecoming a
Senator.
19.3 3. No Senator in debate shall refer offensively to any
State of the Union.
19.4 4. If any Senator, in speaking or otherwise, in the
opinion of the Presiding Officer transgress the rules of the
Senate the Presiding Officer shall, either on his own motion
or at the request of any other Senator, call him to order;
and when a Senator shall be called to order he shall take
his seat, and may not proceed without leave of the Senate,
which, if granted, shall be upon motion that he be allowed
to proceed in order, which motion shall be determined
without debate. Any Senator directed by the Presiding
Officer to take his seat, and any Senator requesting the
Presiding Officer to require a Senator to take his seat, may
appeal from the ruling of the Chair, which appeal shall be
open to debate.
19.5 5. If a Senator be called to order for words spoken in
debate, upon the demand of the Senator or of any other
Senator, the exceptionable words shall be taken down in
writing, and read at the table for the information of the
Senate.
19.6 6. Whenever confusion arises in the Chamber or the
galleries, or demonstrations of approval or disapproval are
indulged in by the occupants of the galleries, it shall be
the duty of the Chair to enforce order on his own initiative
and without any point of order being made by a Senator.
19.7 7. No Senator shall introduce to or bring to the
attention of the Senate during its sessions any occupant in
the galleries of the Senate. No motion to suspend this rule
shall be in order, nor may the Presiding Officer entertain
any request to suspend it by unanimous consent.
19.8 8. Former Presidents of the United States shall be
entitled to address the Senate upon appropriate notice to
the Presiding Officer who shall thereupon make the necessary
arrangements.
20 RULE XX
QUESTIONS OF ORDER
20.1 1. A question of order may be raised at any stage of the
proceedings, except when the Senate is voting or
ascertaining the presence of a quorum, and, unless submitted
to the Senate, shall be decided by the Presiding Officer
without debate, subject to an appeal to the Senate. When an
appeal is taken, any subsequent question of order which may
arise before the decision of such appeal shall be decided by
the Presiding Officer without debate; and every appeal
therefrom shall be decided at once, and without debate; and
any appeal may be laid on the table without prejudice to the
pending proposition, and thereupon shall be held as
affirming the decision of the Presiding Officer.
20.2 2. The Presiding Officer may submit any question of
order for the decision of the Senate.
21 RULE XXI
SESSION WITH CLOSED DOORS
21.1 1. On a motion made and seconded to close the doors of
the Senate, on the discussion of any business which may, in
the opinion of a Senator, require secrecy, the Presiding
Officer shall direct the galleries to be cleared; and during
the discussion of such motion the doors shall remain closed.
21.2 2. When the Senate meets in closed session, any
applicable provisions of rules XXIX and XXXI, including the
confidentiality of information shall apply to any
information and to the conduct of any debate transacted.
22 RULE XXII
PRECEDENCE OF MOTIONS
22.1 1. When a question is pending, no motion shall be
received but--
To adjourn.
To adjourn to a day certain, or that when the
Senate adjourn it shall be to a day certain.
To take a recess.
To proceed to the consideration of executive
business.
To lay on the table.
To postpone indefinitely.
To postpone to a day certain.
To commit.
To amend.
Which several motions shall have precedence as they stand
arranged; and the motions relating to adjournment, to take a
recess, to proceed to the consideration of executive
business, to lay on the table, shall be decided without
debate.
22.2 2.\5\ Notwithstanding the provisions of rule II or rule
IV or any other rule of the Senate, at any time a motion
signed by sixteen Senators, to bring to a close the debate
upon any measure, motion, other matter pending before the
Senate, or the unfinished business, is presented to the
Senate, the Presiding Officer, or clerk at the direction of
the Presiding Officer, shall at once state the motion to the
Senate, and one hour after the Senate meets on the following
calendar day but one, he shall lay the motion before the
Senate and direct that the clerk call the roll, and upon the
ascertainment that a quorum is present, the Presiding
Officer shall, without debate, submit to the Senate by a
yea-and-nay vote the question:
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\5\As amended by S. Res. 28, 99-2, Feb. 27, 1986.
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``Is it the sense of the Senate that the debate shall be
brought to a close?'' And if that question shall be decided
in the affirmative by three-fifths of the Senators duly
chosen and sworn--except on a measure or motion to amend the
Senate rules, in which case the necessary affirmative vote
shall be two-thirds of the Senators present and voting--then
said measure, motion, or other matter pending before the
Senate, or the unfinished business, shall be the unfinished
business to the exclusion of all other business until
disposed of.
Thereafter no Senator shall be entitled to speak in all
more than one hour on the measure, motion, or other matter
pending before the Senate, or the unfinished business, the
amendments thereto and motions affecting the same, and it
shall be the duty of the Presiding Officer to keep the time
of each Senator who speaks. Except by unanimous consent, no
amendment shall be proposed after the vote to bring the
debate to a close, unless it had been submitted in writing
to the Journal Clerk by 1 o'clock p.m. on the day following
the filing of the cloture motion if an amendment in the
first degree, and unless it had been so submitted at least
one hour prior to the beginning of the cloture vote if an
amendment in the second degree. No dilatory motion, or
dilatory amendment, or amendment not germane shall be in
order. Points of order, including questions of relevancy,
and appeals from the decision of the Presiding Officer,
shall be decided without debate.
After no more than thirty hours of consideration of the
measure, motion, or other matter on which cloture has been
invoked, the Senate shall proceed, without any further
debate on any question, to vote on the final disposition
thereof to the exclusion of all amendments not then actually
pending before the Senate at that time and to the exclusion
of all motions, except a motion to table, or to reconsider
and one quorum call on demand to establish the presence of a
quorum (and motions required to establish a quorum)
immediately before the final vote begins. The thirty hours
may be increased by the adoption of a motion, decided
without debate, by a three-fifths affirmative vote of the
Senators duly chosen and sworn, and any such time thus
agreed upon shall be equally divided between and controlled
by the Majority and Minority Leaders or their designees.
However, only one motion to extend time, specified above,
may be made in any one calendar day.
If, for any reason, a measure or matter is reprinted
after cloture has been invoked, amendments which were in
order prior to the reprinting of the measure or matter will
continue to be in order and may be conformed and reprinted
at the request of the amendment's sponsor. The conforming
changes must be limited to lineation and pagination.
No Senator shall call up more than two amendments until
every other Senator shall have had the opportunity to do
likewise.
Notwithstanding other provisions of this rule, a Senator
may yield all or part of his one hour to the majority or
minority floor managers of the measure, motion, or matter or
to the Majority or Minority Leader, but each Senator
specified shall not have more than two hours so yielded to
him and may in turn yield such time to other Senators.
Notwithstanding any other provision of this rule, any
Senator who has not used or yielded at least ten minutes,
is, if he seeks recognition, guaranteed up to ten minutes,
inclusive, to speak only.
After cloture is invoked, the reading of any amendment,
including House amendments, shall be dispensed with when the
proposed amendment has been identified and has been
available in printed form at the desk of the Members for not
less than twenty-four hours.
3.\6\If a cloture motion on a motion to proceed to a
measure or matter is presented in accordance with this rule
and is signed by 16 Senators, including the Majority Leader,
the Minority Leader, 7 additional Senators not affiliated
with the majority, and 7 additional Senators not affiliated
with the minority, one hour after the Senate meets on the
following calendar day, the Presiding Officer, or the clerk
at the direction of the Presiding Officer, shall lay the
motion before the Senate. If cloture is then invoked on the
motion to proceed, the question shall be on the motion to
proceed, without further debate.
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\6\As amended by S. Res. 16, 113-1, Jan. 24, 2013.
23 RULE XXIII
PRIVILEGE OF THE FLOOR
23.1 1.\7\Other than the Vice President and Senators, no
person shall be admitted to the floor of the Senate while in
session, except as follows:
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\7\Paragraph numbered pursuant to Pub. L. 110-81, Sep.
14, 2007.
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The President of the United States and his
private secretary.
The President elect and Vice President elect of
the United States.
Ex-Presidents and ex-Vice Presidents of the
United States.
Judges of the Supreme Court.
Ex-Senators and Senators elect, except as
provided in paragraph 2.\8\
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\8\As amended pursuant to Pub. L. 110-81, Sep. 14, 2007.
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The officers and employees of the Senate in the
discharge of their official duties.
Ex-Secretaries and ex-Sergeants at Arms of the
Senate, except as provided in paragraph 2.\9\
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\9\As amended pursuant to Pub. L. 110-81, Sep. 14, 2007.
---------------------------------------------------------------------------
Members of the House of Representatives and
Members elect.
Ex-Speakers of the House of Representatives,
except as provided in paragraph 2.\10\
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\10\As amended pursuant to Pub. L. 110-81, Sep. 14,
2007.
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The Sergeant at Arms of the House and his chief
deputy and the Clerk of the House and his deputy.
Heads of the Executive Departments.
Ambassadors and Ministers of the United States.
Governors of States and Territories.
Members of the Joint Chiefs of Staff.
The General Commanding the Army.
The Senior Admiral of the Navy on the active
list.
Members of National Legislatures of foreign
countries and Members of the European Parliament.
Judges of the Court of Claims.
The Mayor of the District of Columbia.
The Librarian of Congress and the Assistant
Librarian in charge of the Law Library.
The Architect of the Capitol.
The Chaplain of the House of Representatives.
The Secretary of the Smithsonian Institution.
The Parliamentarian Emeritus of the Senate.
Members of the staffs of committees of the
Senate and joint committees of the Congress when in
the discharge of their official duties and employees
in the office of a Senator when in the discharge of
their official duties (but in each case subject to
such rules or regulations as may be prescribed by
the Committee on Rules and Administration). Senate
committee staff members and employees in the office
of a Senator must be on the payroll of the Senate
and members of joint committee staffs must be on the
payroll of the Senate or the House of
Representatives.
23.2a 2. (a)\11\ The floor privilege provided in paragraph 1
shall not apply, when the Senate is in session, to an
individual covered by this paragraph who is--
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\11\Paragraphs 2 and 3 added pursuant to Pub. L. 110-81,
Sep. 14, 2007.
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(1) a registered lobbyist or agent of a foreign
principal; or
(2) in the employ of or represents any party or
organization for the purpose of influencing,
directly or indirectly, the passage, defeat, or
amendment of any Federal legislative proposal.
23.2b (b) The Committee on Rules and Administration may
promulgate regulations to allow individuals covered by this
paragraph floor privileges for ceremonial functions and
events designated by the Majority Leader and the Minority
Leader.
23.3 3. A former Member of the Senate may not exercise
privileges to use Senate athletic facilities or Member-only
parking spaces if such Member is--
23.3a
(a) a registered lobbyist or agent of a foreign
principal; or
23.3b
(b) in the employ of or represents any party or
organization for the purpose of influencing,
directly or indirectly, the passage, defeat, or
amendment of any Federal legislative proposal.
24 RULE XXIV
APPOINTMENT OF COMMITTEES
24.1 1. In the appointment of the standing committees, or to
fill vacancies thereon, the Senate, unless otherwise
ordered, shall by resolution appoint the chairman of each
such committee and the other members thereof. On demand of
any Senator, a separate vote shall be had on the appointment
of the chairman of any such committee and on the appointment
of the other members thereof. Each such resolution shall be
subject to amendment and to division of the question.
24.2 2. On demand of one-fifth of the Senators present, a
quorum being present, any vote taken pursuant to paragraph 1
shall be by ballot.
24.3 3. Except as otherwise provided or unless otherwise
ordered, all other committees, and the chairmen thereof,
shall be appointed in the same manner as standing
committees.
24.4 4. When a chairman of a committee shall resign or cease
to serve on a committee, action by the Senate to fill the
vacancy in such committee, unless specially otherwise
ordered, shall be only to fill up the number of members of
the committee, and the election of a new chairman.
25 RULE XXV
STANDING COMMITTEES
25.1 1. The following standing committees shall be appointed
at the commencement of each Congress, and shall continue and
have the power to act until their successors are appointed,
with leave to report by bill or otherwise on matters within
their respective jurisdictions:
25.1a (a)(1) Committee on Agriculture, Nutrition, and
Forestry, to which committee shall be referred all proposed
legislation, messages, petitions, memorials, and other
matters relating primarily to the following subjects:
1. Agricultural economics and research.
2. Agricultural extension services and
experiment stations.
3. Agricultural production, marketing, and
stabilization of prices.
4. Agriculture and agricultural commodities.
5. Animal industry and diseases.
6. Crop insurance and soil conservation.
7. Farm credit and farm security.
8. Food from fresh waters.
9. Food stamp programs.
10. Forestry, and forest reserves and wilderness
areas other than those created from the public
domain.
11. Home economics.
12. Human nutrition.
13. Inspection of livestock, meat, and
agricultural products.
14. Pests and pesticides.
15. Plant industry, soils, and agricultural
engineering.
16. Rural development, rural electrification,
and watersheds.
17. School nutrition programs.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to food, nutrition,
and hunger, both in the United States and in foreign
countries, and rural affairs, and report thereon from time
to time.
25.1b (b) Committee on Appropriations, to which committee
shall be referred all proposed legislation, messages,
petitions, memorials, and other matters relating to the
following subjects:
1. Appropriation of the revenue for the support
of the Government, except as provided in
subparagraph (e).
2. Rescission of appropriations contained in
appropriation Acts (referred to in section 105 of
Title 1, United States Code).
3. The amount of new spending authority
described in section 401(c)(2) (A) and (B) of the
Congressional Budget Act of 1974 which is to be
effective for a fiscal year.
4. New spending authority described in section
401(c)(2)(C) of the Congressional Budget Act of 1974
provided in bills and resolutions referred to the
committee under section 401(b)(2) of that Act (but
subject to the provisions of section 401(b)(3) of
that Act).
25.1c (c)(1) Committee on Armed Services, to which committee
shall be referred all proposed legislation, messages,
petitions, memorials, and other matters relating to the
following subjects:
1. Aeronautical and space activities peculiar to
or primarily associated with the development of
weapons systems or military operations.
2. Common defense.
3. Department of Defense, the Department of the
Army, the Department of the Navy, and the Department
of the Air Force, generally.
4. Maintenance and operation of the Panama
Canal, including administration, sanitation, and
government of the Canal Zone.
5. Military research and development.
6. National security aspects of nuclear energy.
7. Naval petroleum reserves, except those in
Alaska.
8. Pay, promotion, retirement, and other
benefits and privileges of members of the Armed
Forces, including overseas education of civilian and
military dependents.
9. Selective service system.
10. Strategic and critical materials necessary
for the common defense.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to the common defense
policy of the United States, and report thereon from time to
time.
25.1d (d)(1) Committee on Banking, Housing, and Urban Affairs,
to which committee shall be referred all proposed
legislation, messages, petitions, memorials, and other
matters relating to the following subjects:
1. Banks, banking, and financial institutions.
2. Control of prices of commodities, rents, and
services.
3. Deposit insurance.
4. Economic stabilization and defense
production.
5. Export and foreign trade promotion.
6. Export controls.
7. Federal monetary policy, including Federal
Reserve System.
8. Financial aid to commerce and industry.
9. Issuance and redemption of notes.
10. Money and credit, including currency and
coinage.
11. Nursing home construction.
12. Public and private housing (including
veterans' housing).
13. Renegotiation of Government contracts.
14. Urban development and urban mass transit.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to international
economic policy as it affects United States monetary
affairs, credit, and financial institutions; economic
growth, urban affairs, and credit, and report thereon from
time to time.
25.1e (e)(1)\12\ Committee on the Budget, to which committee
shall be referred all concurrent resolutions on the budget
(as defined in section 3(a)(4) of the Congressional Budget
Act of 1974) and all other matters required to be referred
to that committee under Titles III and IV of that Act, and
messages, petitions, memorials, and other matters relating
thereto.
---------------------------------------------------------------------------
\12\Pursuant to S. Res. 445, 108-2, Oct. 9, 2004, the
Committee on Budget's jurisdiction was amended although the
Standing Rules were not modified. (See appendix for Titles
I, III and V of S. Res. 445, 108-2).
---------------------------------------------------------------------------
(2) Such committee shall have the duty--
(A) to report the matters required to be
reported by it under titles III and IV of the
Congressional Budget Act of 1974;
(B) to make continuing studies of the effect on
budget outlays of relevant existing and proposed
legislation and to report the results of such
studies to the Senate on a recurring basis;
(C) to request and evaluate continuing studies
of tax expenditures, to devise methods of
coordinating tax expenditures, policies, and
programs with direct budget outlays, and to report
the results of such studies to the Senate on a
recurring basis; and
(D) to review, on a continuing basis, the
conduct by the Congressional Budget Office of its
functions and duties.
25.1f (f)(1) Committee on Commerce, Science, and
Transportation, to which committee shall be referred all
proposed legislation, messages, petitions, memorials, and
other matters relating to the following subjects:
1. Coast Guard.
2. Coastal zone management.
3. Communications.
4. Highway safety.
5. Inland waterways, except construction.
6. Interstate commerce.
7. Marine and ocean navigation, safety, and
transportation, including navigational aspects of
deepwater ports.
8. Marine fisheries.
9. Merchant marine and navigation.
10. Nonmilitary aeronautical and space sciences.
11. Oceans, weather, and atmospheric activities.
12. Panama Canal and interoceanic canals
generally, except as provided in subparagraph (c).
13. Regulation of consumer products and
services, including testing related to toxic
substances, other than pesticides, and except for
credit, financial services, and housing.
14. Regulation of interstate common carriers,
including railroads, buses, trucks, vessels,
pipelines, and civil aviation.
15. Science, engineering, and technology
research and development and policy.
16. Sports.
17. Standards and measurement.
18. Transportation.
19. Transportation and commerce aspects of Outer
Continental Shelf lands.
(2) Such committee shall also study and review, on a
comprehensive basis, all matters relating to science and
technology, oceans policy, transportation, communications,
and consumer affairs, and report thereon from time to time.
25.1g (g)(1) Committee on Energy and Natural Resources, to
which committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating
to the following subjects:
1. Coal production, distribution, and
utilization.
2. Energy policy.
3. Energy regulation and conservation.
4. Energy related aspects of deepwater ports.
5. Energy research and development.
6. Extraction of minerals from oceans and Outer
Continental Shelf lands.
7. Hydroelectric power, irrigation, and
reclamation.
8. Mining education and research.
9. Mining, mineral lands, mining claims, and
mineral conservation.
10. National parks, recreation areas, wilderness
areas, wild and scenic rivers, historical sites,
military parks and battlefields, and on the public
domain, preservation of prehistoric ruins and
objects of interest.
11. Naval petroleum reserves in Alaska.
12. Nonmilitary development of nuclear energy.
13. Oil and gas production and distribution.
14. Public lands and forests, including farming
and grazing thereon, and mineral extraction
therefrom.
15. Solar energy systems.
16. Territorial possessions of the United
States, including trusteeships.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to energy and
resources development, and report thereon from time to time.
25.1h (h)(1) Committee on Environment and Public Works, to
which committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating
to the following subjects:
1. Air pollution.
2. Construction and maintenance of highways.
3. Environmental aspects of Outer Continental
Shelf lands.
4. Environmental effects of toxic substances,
other than pesticides.
5. Environmental policy.
6. Environmental research and development.
7. Fisheries and wildlife.
8. Flood control and improvements of rivers and
harbors, including environmental aspects of
deepwater ports.
9. Noise pollution.
10. Nonmilitary environmental regulation and
control of nuclear energy.
11. Ocean dumping.
12. Public buildings and improved grounds of the
United States generally, including Federal buildings
in the District of Columbia.
13. Public works, bridges, and dams.
14. Regional economic development.
15. Solid waste disposal and recycling.
16. Water pollution.
17. Water resources.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to environmental
protection and resource utilization and conservation, and
report thereon from time to time.
25.1i (i) Committee on Finance, to which committee shall be
referred all proposed legislation, messages, petitions,
memorials, and other matters relating to the following
subjects:
1. Bonded debt of the United States, except as
provided in the Congressional Budget Act of 1974.
2. Customs, collection districts, and ports of
entry and delivery.
3. Deposit of public moneys.
4. General revenue sharing.
5. Health programs under the Social Security Act
and health programs financed by a specific tax or
trust fund.
6. National social security.
7. Reciprocal trade agreements.
8. Revenue measures generally, except as
provided in the Congressional Budget Act of 1974.
9. Revenue measures relating to the insular
possessions.
10. Tariffs and import quotas, and matters
related thereto.
11. Transportation of dutiable goods.
25.1j (j)(1) Committee on Foreign Relations, to which
committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating
to the following subjects:
1. Acquisition of land and buildings for
embassies and legations in foreign countries.
2. Boundaries of the United States.
3. Diplomatic service.
4. Foreign economic, military, technical, and
humanitarian assistance.
5. Foreign loans.
6. International activities of the American
National Red Cross and the International Committee
of the Red Cross.
7. International aspects of nuclear energy,
including nuclear transfer policy.
8. International conferences and congresses.
9. International law as it relates to foreign
policy.
10. International Monetary Fund and other
international organizations established primarily
for international monetary purposes (except that, at
the request of the Committee on Banking, Housing,
and Urban Affairs, any proposed legislation relating
to such subjects reported by the Committee on
Foreign Relations shall be referred to the Committee
on Banking, Housing, and Urban Affairs).
11. Intervention abroad and declarations of war.
12. Measures to foster commercial intercourse
with foreign nations and to safeguard American
business interests abroad.
13. National security and international aspects
of trusteeships of the United States.
14. Oceans and international environmental and
scientific affairs as they relate to foreign policy.
15. Protection of United States citizens abroad
and expatriation.
16. Relations of the United States with foreign
nations generally.
17. Treaties and executive agreements, except
reciprocal trade agreements.
18. United Nations and its affiliated
organizations.
19. World Bank group, the regional development
banks, and other international organizations
established primarily for development assistance
purposes.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to the national
security policy, foreign policy, and international economic
policy as it relates to foreign policy of the United States,
and matters relating to food, hunger, and nutrition in
foreign countries, and report thereon from time to time.
25.1k (k)(1)\13\ Committee on Governmental Affairs, to which
committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating
to the following subjects:
---------------------------------------------------------------------------
\13\Pursuant to S. Res. 445, 108-2, Oct. 9, 2004, the
Committee on Homeland Security and Governmental Affairs
shall be treated as the Committee on Governmental Affairs
listed under paragraph 2 of rule XXV of the Standing Rules
of the Senate for purposes of the Standing Rules of the
Senate. The resolution also amended the jurisdiction of the
Committee although the Standing Rules were not modified.
(See appendix for Titles I, III and V of S. Res. 445, 108-
2).
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1. Archives of the United States.
2. Budget and accounting measures, other than
appropriations, except as provided in the
Congressional Budget Act of 1974.
3. Census and collection of statistics,
including economic and social statistics.
4. Congressional organization, except for any
part of the matter that amends the rules or orders
of the Senate.
5. Federal Civil Service.
6. Government information.
7. Intergovernmental relations.
8. Municipal affairs of the District of
Columbia, except appropriations therefor.
9. Organization and management of United States
nuclear export policy.
10. Organization and reorganization of the
executive branch of the Government.
11. Postal Service.
12. Status of officers and employees of the
United States, including their classification,
compensation, and benefits.
(2) Such committee shall have the duty of--
(A) receiving and examining reports of the
Comptroller General of the United States and of
submitting such recommendations to the Senate as it
deems necessary or desirable in connection with the
subject matter of such reports;
(B) studying the efficiency, economy, and
effectiveness of all agencies and departments of the
Government;
(C) evaluating the effects of laws enacted to
reorganize the legislative and executive branches of
the Government; and
(D) studying the intergovernmental relationships
between the United States and the States and
municipalities, and between the United States and
international organizations of which the United
States is a member.
25.1l (l)(1)\14\ Committee on Health, Education, Labor, and
Pensions, to which committee shall be referred all proposed
legislation, messages, petitions, memorials, and other
matters relating to the following subjects:
---------------------------------------------------------------------------
\14\Name changed pursuant to S. Res. 28, 106-1, Jan. 21,
1999; redesignated as subparagraph (l) by S. Res. 299, 106-
2, Apr. 27, 2000.
---------------------------------------------------------------------------
1. Measures relating to education, labor,
health, and public welfare.
2. Aging.
3. Agricultural colleges.
4. Arts and humanities.
5. Biomedical research and development.
6. Child labor.
7. Convict labor and the entry of goods made by
convicts into interstate commerce.
8. Domestic activities of the American National
Red Cross.
9. Equal employment opportunity.
10. Gallaudet College, Howard University, and
Saint Elizabeths Hospital.
11. Individuals with disabilities.\15\
---------------------------------------------------------------------------
\15\As amended, S. Res. 28, 106-1, Jan. 21, 1999.
---------------------------------------------------------------------------
12. Labor standards and labor statistics.
13. Mediation and arbitration of labor disputes.
14. Occupational safety and health, including
the welfare of miners.
15. Private pension plans.
16. Public health.
17. Railway labor and retirement.
18. Regulation of foreign laborers.
19. Student loans.
20. Wages and hours of labor.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to health, education
and training, and public welfare, and report thereon from
time to time.
25.1m (m)\16\ Committee on the Judiciary, to which committee
shall be referred all proposed legislation, messages,
petitions, memorials, and other matters relating to the
following subjects:
---------------------------------------------------------------------------
\16\Redesignated as subparagraph (m) by S. Res. 299,
106-2, Apr. 27, 2000.
---------------------------------------------------------------------------
1. Apportionment of Representatives.
2. Bankruptcy, mutiny, espionage, and
counterfeiting.
3. Civil liberties.
4. Constitutional amendments.
5. Federal courts and judges.
6. Government information.
7. Holidays and celebrations.
8. Immigration and naturalization.
9. Interstate compacts generally.
10. Judicial proceedings, civil and criminal,
generally.
11. Local courts in the territories and
possessions.
12. Measures relating to claims against the
United States.
13. National penitentiaries.
14. Patent Office.
15. Patents, copyrights, and trademarks.
16. Protection of trade and commerce against
unlawful restraints and monopolies.
17. Revision and codification of the statutes of
the United States.
18. State and territorial boundary lines.
25.1n (n)(1) Committee on Rules and Administration, to which
committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating
to the following subjects:
1. Administration of the Senate Office Buildings
and the Senate wing of the Capitol, including the
assignment of office space.
2. Congressional organization relative to rules
and procedures, and Senate rules and regulations,
including floor and gallery rules.
3. Corrupt practices.
4. Credentials and qualifications of Members of
the Senate, contested elections, and acceptance of
incompatible offices.
5. Federal elections generally, including the
election of the President, Vice President, and
Members of the Congress.
6. Government Printing Office, and the printing
and correction of the Congressional Record, as well
as those matters provided for under rule XI.
7. Meetings of the Congress and attendance of
Members.
8. Payment of money out of the contingent fund
of the Senate or creating a charge upon the same
(except that any resolution relating to substantive
matter within the jurisdiction of any other standing
committee of the Senate shall be first referred to
such committee).
9. Presidential succession.
10. Purchase of books and manuscripts and
erection of monuments to the memory of individuals.
11. Senate Library and statuary, art, and
pictures in the Capitol and Senate Office Buildings.
12. Services to the Senate, including the Senate
restaurant.
13. United States Capitol and congressional
office buildings, the Library of Congress, the
Smithsonian Institution (and the incorporation of
similar institutions), and the Botanic Gardens.
(2) Such committee shall also--
(A) make a continuing study of the organization
and operation of the Congress of the United States
and shall recommend improvements in such
organization and operation with a view toward
strengthening the Congress, simplifying its
operations, improving its relationships with other
branches of the United States Government, and
enabling it better to meet its responsibilities
under the Constitution of the United States;
(B) identify any court proceeding or action
which, in the opinion of the Committee, is of vital
interest to the Congress as a constitutionally
established institution of the Federal Government
and call such proceeding or action to the attention
of the Senate; and
(C)\17\ develop, implement, and update as
necessary a strategy planning process and a
strategic plan for the functional and technical
infrastructure support of the Senate and provide
oversight over plans developed by Senate officers
and others in accordance with the strategic planning
process.
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\17\As added, S. Res. 151, 105-1, Nov. 9, 1997.
25.1o (o)(1)\18\ Committee on Small Business and
Entrepreneurship, to which committee shall be referred all
proposed legislation, messages, petitions, memorials, and
other matters relating to the Small Business Administration.
---------------------------------------------------------------------------
\18\As added, S. Res. 101, 97-1, Mar. 25, 1981; name
changed pursuant to S. Res. 123, 107-1, June 29, 2001.
---------------------------------------------------------------------------
(2) Any proposed legislation reported by such committee
which relates to matters other than the functions of the
Small Business Administration shall, at the request of the
chairman of any standing committee having jurisdiction over
the subject matter extraneous to the functions of the Small
Business Administration, be considered and reported by such
standing committee prior to its consideration by the Senate;
and likewise measures reported by other committees directly
relating to the Small Business Administration shall, at the
request of the chairman of the Committee on Small Business,
be referred to the Committee on Small Business and
Entrepreneurship for its consideration of any portions of
the measure dealing with the Small Business Administration,
and be reported by this committee prior to its consideration
by the Senate.
(3) Such committee shall also study and survey by means
of research and investigation all problems of American small
business enterprises, and report thereon from time to time.
25.1p (p)\19\ Committee on Veterans' Affairs, to which
committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating
to the following subjects:
---------------------------------------------------------------------------
\19\Redesignated as subparagraph (p) by S. Res. 101, 97-
1, Mar. 25, 1981.
---------------------------------------------------------------------------
1. Compensation of veterans.
2. Life insurance issued by the Government on
account of service in the Armed Forces.
3. National cemeteries.
4. Pensions of all wars of the United States,
general and special.
5. Readjustment of servicemen to civil life.
6. Soldiers' and sailors' civil relief.
7. Veterans' hospitals, medical care and
treatment of veterans.
8. Veterans' measures generally.
9. Vocational rehabilitation and education of
veterans.
25.2 2.\20\ Except as otherwise provided by paragraph 4 of
this rule, each of the following standing committees shall
consist of the number of Senators set forth in the following
table on the line on which the name of that committee
appears:
---------------------------------------------------------------------------
\20\As amended, S. Res. 13, 97-1, Jan. 5, 1981; S. Res.
365, 97-2, Apr. 20, 1982; S. Res. 380, 97-2, Apr. 27, 1982;
S. Res. 6, 98-1, Jan. 3, 1983; S. Res. 20, 98-1, Jan. 27,
1983; S. Res. 53, 98-1, Feb. 3, 1983; S. Res. 338, 98-2,
Feb. 9, 1984; S. Res. 74, 99-1, Feb. 21, 1985; S. Res. 14,
100-1, Jan. 6, 1987; S. Res. 211, 100-1, May 12, 1987; S.
Res. 43, 101-1, Feb. 2, 1989; S. Res. 43, 102-1, Feb. 5,
1991; S. Res. 135, 102-1, June 4, 1991; S. Res. 4, 103-1,
Jan. 7, 1993; S. Res. 130, 103-1, July 1, 1993; S. Res. 132,
103-1, July 15, 1993; S. Res. 14, 104-1, Jan. 5, 1995; S.
Res. 92, 104-1, Mar. 24, 1995; S. Res. 9, 105-1, Jan. 9,
1997; HELP/Judiciary reversed pursuant to S. Res. 299, 106-
2, Apr. 27, 2000; S. Res. 354, 106-2, Sept. 12, 2000.
---------------------------------------------------------------------------
Committee:
Members
Agriculture, Nutrition, and Forestry.......... 20
Appropriations................................ 28
Armed Services................................ 18
Banking, Housing, and Urban Affairs........... 22
Commerce, Science, and Transportation......... 20
Energy and Natural Resources.................. 20
Environment and Public Works.................. 18
Finance....................................... 20
Foreign Relations............................. 18
Health, Education, Labor, and Pensions........ 18
Homeland Security and Governmental Affairs.... 16
Judiciary..................................... 18
25.3a 3. (a)\21\ Except as otherwise provided by paragraph 4
of this rule, each of the following standing committees
shall consist of the number of Senators set forth in the
following table on the line on which the name of that
committee appears:
---------------------------------------------------------------------------
\21\As amended, S. Res. 13, 97-1, Jan. 5, 1981; S. Res.
101, 97-1, Mar. 25, 1981; S. Res. 6, 98-1, Jan 3, 1983; S.
Res. 88, 99-1, Mar. 5, 1985; S. Res. 14, 100-1, Jan. 6,
1987; S. Res. 211, 100-1, May 12, 1987; S. Res. 43, 101-1,
Feb. 2, 1989; S. Res. 85, 102-1, Mar. 19, 1991; S. Res. 135,
102-1, June 4, 1991; S. Res. 18, 103-1, Jan. 21, 1993; S.
Res. 130, 103-1, July 1, 1993; S. Res. 34, 104-1, Jan. 6,
1995; S. Res. 9, 105-1, Jan. 9, 1997; S. Res. 354, 106-2,
Sept. 12, 2000; S. Res. 123, 107-1, June 29, 2001.
---------------------------------------------------------------------------
Committee:
Members
Budget........................................ 22
Rules and Administration...................... 16
Veterans' Affairs............................. 14
Small Business and Entrepreneurship........... 18
25.3b (b)\22\ Each of the following committees and joint
committees shall consist of the number of Senators (or
Senate members, in the case of a joint committee) set forth
in the following table on the line on which the name of that
committee appears:
---------------------------------------------------------------------------
\22\As amended, S. Res. 13, 97-1, Jan. 5, 1981; S. Res.
24, 97-1, Jan. 19, 1981; S. Res. 101, 97-1, Mar. 25, 1981;
S. Res. 338, 98-2, Feb. 9, 1984; S. Res. 85, 102-1, Mar. 19,
1991; S. Res. 135, 102-1, June 4, 1991; S. Res. 18, 103-1,
Jan. 21, 1993; S. Res. 34, 104-1, Jan. 6, 1995; S. Res. 9,
105-1, Jan. 9, 1997.
---------------------------------------------------------------------------
Committee:\23\
Members
Aging......................................... 18
Intelligence.................................. 19
Joint Economic Committee...................... 10
---------------------------------------------------------------------------
\23\Pursuant to S. Res. 445, 108-2, Oct. 9, 2004, the
Select Committee on Intelligence shall be treated as a
committee listed under paragraph 2 of rule XXV of the
Standing Rules of the Senate for purposes of the Standing
Rules of the Senate. However, the resolution did not modify
the Standing Rules of the Senate. (See appendix for Titles
I, III and V of S. Res. 445, 108-2.)
---------------------------------------------------------------------------
25.3c (c)\24\ Each of the following committees and joint
committees shall consist of the number of Senators (or
Senate members, in the case of a joint committee) set forth
in the following table on the line on which the name of that
committee appears:
---------------------------------------------------------------------------
\24\As amended, S. Res. 448, 96-2, Dec. 11, 1980; S.
Res. 88, 99-1, Mar. 5, 1985; S. Res. 14, 100-1, Jan. 6,
1987; S. Res. 100, 101-1, Apr. 11, 1989; S. Res. 44, 102-1,
Feb. 5, 1991; S. Res. 18, 103-1, Jan. 21, 1993; S. Res. 34,
104-1, Jan. 6, 1995; S. Res. 92, 104-1, Mar. 24, 1995; S.
Res. 9, 105-1, Jan. 9, 1997.
---------------------------------------------------------------------------
Committee:
Members
Ethics........................................ 6
Indian Affairs................................ 14
Joint Committee on Taxation................... 5
25.4a 4. (a) Except as otherwise provided by this paragraph--
(1) each Senator shall serve on two and no more
committees listed in paragraph 2; and
(2) each Senator may serve on only one committee
listed in paragraph 3 (a) or (b).
25.4b (b)(1) Each Senator may serve on not more than three
subcommittees of each committee (other than the Committee on
Appropriations) listed in paragraph 2 of which he is a
member.
(2) Each Senator may serve on not more than two
subcommittees of a committee listed in paragraph 3 (a) or
(b) of which he is a member.
(3) Notwithstanding subparagraphs (1) and (2), a Senator
serving as chairman or ranking minority member of a
standing, select, or special committee of the Senate or
joint committee of the Congress may serve ex officio,
without vote, as a member of any subcommittee of such
committee or joint committee.
(4) No committee of the Senate may establish any sub-
unit of that committee other than a subcommittee, unless the
Senate by resolution has given permission therefor. For
purposes of this subparagraph, any subunit of a joint
committee shall be treated as a subcommittee.
25.4c (c) By agreement entered into by the majority leader and
the minority leader, the membership of one or more standing
committees may be increased temporarily from time to time by
such number or numbers as may be required to accord to the
majority party a majority of the membership of all standing
committees. When any such temporary increase is necessary to
accord to the majority party a majority of the membership of
all standing committees, members of the majority party in
such number as may be required for that purpose may serve as
members of three standing committees listed in paragraph 2.
No such temporary increase in the membership of any standing
committee under this subparagraph shall be continued in
effect after the need therefor has ended. No standing
committee may be increased in membership under this
subparagraph by more than two members in excess of the
number prescribed for that committee by paragraph 2 or 3(a).
25.4d (d) A Senator may serve as a member of any joint
committee of the Congress the Senate members of which are
required by law to be appointed from a standing committee of
the Senate of which he is a member, and service as a member
of any such joint committee shall not be taken into account
for purposes of subparagraph (a)(2).
25.4e (e)(1) No Senator shall serve at any time as chairman of
more than one standing, select, or special committee of the
Senate or joint committee of the Congress, except that a
Senator may serve as chairman of any joint committee of the
Congress having jurisdiction with respect to a subject
matter which is directly related to the jurisdiction of a
standing committee of which he is chairman.
(2) No Senator shall serve at any time as chairman of
more than one subcommittee of each standing, select, or
special committee of the Senate or joint committee of the
Congress of which he is a member.
(3) A Senator who is serving as the chairman of a
committee listed in paragraph 2 may serve at any time as the
chairman of only one subcommittee of all committees listed
in paragraph 2 of which he is a member and may serve at any
time as the chairman of only one subcommittee of each
committee listed in paragraph 3 (a) or (b) of which he is a
member. A Senator who is serving as the chairman of a
committee listed in paragraph 3 (a) or (b) may not serve as
the chairman of any subcommittee of that committee, and may
serve at any time as the chairman of only one subcommittee
of each committee listed in paragraph 2 of which he is a
member. Any other Senator may serve as the chairman of only
one subcommittee of each committee listed in paragraph 2,
3(a), or 3(b) of which he is a member.
25.4f (f) A Senator serving on the Committee on Rules and
Administration may not serve on any joint committee of the
Congress unless the Senate members thereof are required by
law to be appointed from the Committee on Rules and
Administration, or unless such Senator served on the
Committee on Rules and Administration and the Joint
Committee on Taxation on the last day of the Ninety-eighth
Congress.\25\
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\25\As amended, S. Res. 76, 99-1, Feb. 21, 1985.
---------------------------------------------------------------------------
25.4g (g) A Senator who on the day preceding the effective
date of Title I of the Committee System Reorganization
Amendments of 1977 was serving as the chairman or ranking
minority member of the Committee on the District of Columbia
or the Committee on Post Office and Civil Service may serve
on the Committee on Governmental Affairs in addition to
serving on two other standing committees listed in paragraph
2. At the request of any such Senator, he shall be appointed
to serve on such committee but, while serving on such
committee and two other standing committees listed in
paragraph 2, he may not serve on any committee listed in
paragraph 3 (a) or (b) other than the Committee on Rules and
Administration. The preceding provisions of this
subparagraph shall apply with respect to any Senator only so
long as his service as a member of the Committee on
Governmental Affairs is continuous after the date on which
the appointment of the majority and minority members of the
Committee on Governmental Affairs is initially
completed.\26\
---------------------------------------------------------------------------
\26\As amended, S. Res. 12, 97-1, Jan. 5, 1981; Subpara.
(h), omitted here, pertains to committee service of Senators
during the 103rd Congress. Provisions for the 104th Congress
were established by S. Res. 13 and 17, Jan. 4, 1995, and S.
Res. 27 and 29, Jan. 5, 1995. In subsequent Congresses,
committee assignments made notwithstanding Rule XXV.
---------------------------------------------------------------------------
25.4h * * * * * * *
26 RULE XXVI
COMMITTEE PROCEDURE
26.1 1.\27\ Each standing committee, including any
subcommittee of any such committee, is authorized to hold
such hearings, to sit and act at such times and places
during the sessions, recesses, and adjourned periods of the
Senate, to require by subpoena or otherwise the attendance
of such witnesses and the production of such correspondence,
books, papers, and documents, to take such testimony and to
make such expenditures out of the contingent fund of the
Senate as may be authorized by resolutions of the Senate.
Each such committee may make investigations into any matter
within its jurisdiction, may report such hearings as may be
had by it, and may employ stenographic assistance at a cost
not exceeding the amount prescribed by the Committee on
Rules and Administration.\28\ The expenses of the committee
shall be paid from the contingent fund of the Senate upon
vouchers approved by the chairman.
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\27\As amended, S. Res. 281, 96-2, Mar. 11, 1980,
effective Feb. 28, 1981.
\28\Pursuant to 2 U.S.C. 4331 (See Senate Manual Sec.
831), 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.
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26.2 2.\29\ Each committee\30\ shall adopt rules (not
inconsistent with the Rules of the Senate) governing the
procedure of such committee. The rules of each committee
shall be published in the Congressional Record not later
than March 1 of the first year of each Congress, except that
if any such committee is established on or after February 1
of a year, the rules of that committee during the year of
establishment shall be published in the Congressional Record
not later than sixty days after such establishment. Any
amendment to the rules of a committee shall not take effect
until the amendment is published in the Congressional
Record.
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\29\As amended, S. Res. 250, 101-2, Mar. 1, 1990.
\30\The term ``each committee'' when used in these rules
includes standing, select, and special committees unless
otherwise specified.
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26.3 3. Each standing committee (except the Committee on
Appropriations) shall fix regular weekly, biweekly, or
monthly meeting days for the transaction of business before
the committee and additional meetings may be called by the
chairman as he may deem necessary. If at least three members
of any such committee desire that a special meeting of the
committee be called by the chairman, those members may file
in the offices of the committee their written request to the
chairman for that special meeting. Immediately upon the
filing of the request, the clerk of the committee shall
notify the chairman of the filing of the request. If, within
three calendar days after the filing of the request, the
chairman does not call the requested special meeting, to be
held within seven calendar days after the filing of the
request, a majority of the members of the committee may file
in the offices of the committee their written notice that a
special meeting of the committee will be held, specifying
the date and hour of that special meeting. The committee
shall meet on that date and hour. Immediately upon the
filing of the notice, the clerk of the committee shall
notify all members of the committee that such special
meeting will be held and inform them of its date and hour.
If the chairman of any such committee is not present at any
regular, additional, or special meeting of the committee,
the ranking member of the majority party on the committee
who is present shall preside at that meeting.
26.4a 4. (a) Each committee (except the Committee on
Appropriations and the Committee on the Budget) shall make
public announcement of the date, place, and subject matter
of any hearing to be conducted by the committee on any
measure or matter at least one week before the commencement
of that hearing unless the committee determines that there
is good cause to begin such hearing at an earlier date.
26.4b (b) Each committee (except the Committee on
Appropriations) shall require each witness who is to appear
before the committee in any hearing to file with the clerk
of the committee, at least one day before the date of the
appearance of that witness, a written statement of his
proposed testimony unless the committee chairman and the
ranking minority member determine that there is good cause
for noncompliance. If so requested by any committee, the
staff of the committee shall prepare for the use of the
members of the committee before each day of hearing before
the committee a digest of the statements which have been so
filed by witnesses who are to appear before the committee on
that day.
26.4c (c) After the conclusion of each day of hearing, if so
requested by any committee, the staff shall prepare for the
use of the members of the committee a summary of the
testimony given before the committee on that day. After
approval by the chairman and the ranking minority member of
the committee, each such summary may be printed as a part of
the committee hearings if such hearings are ordered by the
committee to be printed.
26.4d (d) Whenever any hearing is conducted by a committee
(except the Committee on Appropriations) upon any measure or
matter, the minority on the committee shall be entitled,
upon request made by a majority of the minority members to
the chairman before the completion of such hearing, to call
witnesses selected by the minority to testify with respect
to the measure or matter during at least one day of hearing
thereon.
26.5a 5. (a) Notwithstanding any other provision of the rules,
when the Senate is in session, no committee of the Senate or
any subcommittee thereof may meet, without special leave,
after the conclusion of the first two hours after the
meeting of the Senate commenced and in no case after two
o'clock postmeridian unless consent therefor has been
obtained from the majority leader and the minority leader
(or in the event of the absence of either of such leaders,
from his designee). The prohibition contained in the
preceding sentence shall not apply to the Committee on
Appropriations or the Committee on the Budget. The majority
leader or his designee shall announce to the Senate whenever
consent has been given under this subparagraph and shall
state the time and place of such meeting. The right to make
such announcement of consent shall have the same priority as
the filing of a cloture motion.
26.5b (b) Each meeting of a committee, or any subcommittee
thereof, including meetings to conduct hearings, shall be
open to the public, except that a meeting or series of
meetings by a committee or a subcommittee thereof on the
same subject for a period of no more than fourteen calendar
days may be closed to the public on a motion made and
seconded to go into closed session to discuss only whether
the matters enumerated in clauses (1) through (6) would
require the meeting to be closed, followed immediately by a
record vote in open session by a majority of the members of
the committee or subcommittee when it is determined that the
matters to be discussed or the testimony to be taken at such
meeting or meetings--
(1) will disclose matters necessary to be kept
secret in the interests of national defense or the
confidential conduct of the foreign relations of the
United States;
(2) will relate solely to matters of committee
staff personnel or internal staff management or
procedure;
(3) will tend to charge an individual with crime
or misconduct, to disgrace or injure the
professional standing of an individual, or otherwise
to expose an individual to public contempt or
obloquy, or will represent a clearly unwarranted
invasion of the privacy of an individual;
(4) will disclose the identity of any informer
or law enforcement agent or will disclose any
information relating to the investigation or
prosecution of a criminal offense that is required
to be kept secret in the interests of effective law
enforcement;
(5) will disclose information relating to the
trade secrets of financial or commercial information
pertaining specifically to a given person if--
(A) an Act of Congress requires the
information to be kept confidential by
Government officers and employees; or
(B) the information has been obtained by
the Government on a confidential basis,
other than through an application by such
person for a specific Government 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
(6) may divulge matters required to be kept
confidential under other provisions of law or
Government regulations.
26.5c (c) Whenever any hearing conducted by any such committee
or subcommittee is open to the public, that hearing may be
broadcast by radio or television, or both, under such rules
as the committee or subcommittee may adopt.
26.5d (d) Whenever disorder arises during a committee meeting
that is open to the public, or any demonstration of approval
or disapproval is indulged in by any person in attendance at
any such meeting, it shall be the duty of the Chair to
enforce order on his own initiative and without any point of
order being made by a Senator. When the Chair finds it
necessary to maintain order, he shall have the power to
clear the room, and the committee may act in closed session
for so long as there is doubt of the assurance of order.
26.5e (e)(1)\31\ Each committee shall prepare and keep a
complete transcript or electronic recording adequate to
fully record the proceeding of each meeting or conference
whether or not such meeting or any part thereof is closed
under this paragraph, unless a majority of its members vote
to forgo such a record.
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\31\Subparagraph (e)(1) numbered pursuant to Pub. L.
110-81, Sep. 14, 2007.
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(2)(A)\32\ Except with respect to meetings closed in
accordance with this rule, each committee and subcommittee
shall make publicly available through the Internet a video
recording, audio recording, or transcript of any meeting not
later than 21 business days after the meeting occurs.
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\32\ Clause (2) added pursuant to Pub. L. 110-81, Sep.
14, 2007, effective Dec. 13, 2007.
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(B) Information required by subclause (A) shall be
available until the end of the Congress following the date
of the meeting.
(C) The Committee on Rules and Administration may waive
this clause upon request based on the inability of a
committee or subcommittee to comply with this clause due to
technical or logistical reasons.
26.6 6. Morning meetings of committees and subcommittees
thereof shall be scheduled for one or both of the periods
prescribed in this paragraph. The first period shall end at
eleven o'clock antemeridian. The second period shall begin
at eleven o'clock antemeridian and end at two o'clock
postmeridian.
26.7a 7. (a)(1) Except as provided in this paragraph, each
committee, and each subcommittee thereof is authorized to
fix the number of its members (but not less than one-third
of its entire membership) who shall constitute a quorum
thereof for the transaction of such business as may be
considered by said committee, except that no measure or
matter or recommendation shall be reported from any
committee unless a majority of the committee were physically
present.
(2) Each such committee, or subcommittee, is authorized
to fix a lesser number than one-third of its entire
membership who shall constitute a quorum thereof for the
purpose of taking sworn testimony.
(3) The vote of any committee to report a measure or
matter shall require the concurrence of a majority of the
members of the committee who are present. No vote of any
member of any committee to report a measure or matter may be
cast by proxy if rules adopted by such committee forbid the
casting of votes for that purpose by proxy; however, proxies
may not be voted when the absent committee member has not
been informed of the matter on which he is being recorded
and has not affirmatively requested that he be so recorded.
Action by any committee in reporting any measure or matter
in accordance with the requirements of this subparagraph
shall constitute the ratification by the committee of all
action theretofore taken by the committee with respect to
that measure or matter, including votes taken upon the
measure or matter or any amendment thereto, and no point of
order shall lie with respect to that measure or matter on
the ground that such previous action with respect thereto by
such committee was not taken in compliance with such
requirements.
26.7b (b) Each committee (except the Committee on
Appropriations) shall keep a complete record of all
committee action. Such record shall include a record of the
votes on any question on which a record vote is demanded.
The results of rollcall votes taken in any meeting of any
committee upon any measure, or any amendment thereto, shall
be announced in the committee report on that measure unless
previously announced by the committee, and such announcement
shall include a tabulation of the votes cast in favor of and
the votes cast in opposition to each such measure and
amendment by each member of the committee who was present at
that meeting.
26.7c (c) Whenever any committee by rollcall vote reports any
measure or matter, the report of the committee upon such
measure or matter shall include a tabulation of the votes
cast by each member of the committee in favor of and in
opposition to such measure or matter. Nothing contained in
this subparagraph shall abrogate the power of any committee
to adopt rules--
(1) providing for proxy voting on all matters
other than the reporting of a measure or matter, or
(2) providing in accordance with subparagraph
(a) for a lesser number as a quorum for any action
other than the reporting of a measure or matter.
26.8a 8. (a) In order to assist the Senate in--
(1) its analysis, appraisal, and evaluation of
the application, administration, and execution of
the laws enacted by the Congress, and
(2) its formulation, consideration, and
enactment of such modifications of or changes in
those laws, and of such additional legislation, as
may be necessary or appropriate, each standing
committee (except the Committees on Appropriations
and the Budget), shall review and study, on a
continuing basis the application, administration,
and execution of those laws, or parts of laws, the
subject matter of which is within the legislative
jurisdiction of that committee. Such committees may
carry out the required analysis, appraisal, and
evaluation themselves, or by contract, or may
require a government agency to do so and furnish a
report thereon to the Senate. Such committees may
rely on such techniques as pilot testing, analysis
of costs in comparison with benefits, or provision
for evaluation after a defined period of time.
26.8b (b) In each odd-numbered year, each such committee shall
submit, not later than March 31, to the Senate, a report on
the activities of that committee under this paragraph during
the Congress ending at noon on January 3 of such year.
26.9a 9.\33\ (a) Except as provided in subparagraph (b), each
committee shall report one authorization resolution each
year authorizing the committee to make expenditures out of
the contingent fund of the Senate to defray its expenses,
including the compensation of members of its staff and
agency contributions related to such compensation, during
the period beginning on March 1 of such year and ending on
the last day of February of the following year. Such annual
authorization resolution shall be reported not later than
January 31 of each year, except that, whenever the
designation of members of standing committees of the Senate
occurs during the first session of a Congress at a date
later than January 20, such resolution may be reported at
any time within thirty days after the date on which the
designation of such members is completed. After the annual
authorization resolution of a committee for a year has been
agreed to, such committee may procure authorization to make
additional expenditures out of the contingent fund of the
Senate during that year only by reporting a supplemental
authorization resolution. Each supplemental authorization
resolution reported by a committee shall amend the annual
authorization resolution of such committee for that year and
shall be accompanied by a report specifying with
particularity the purpose for which such authorization is
sought and the reason why such authorization could not have
been sought at the time of the submission by such committee
of its annual authorization resolution for that year.
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\33\As amended, S. Res. 281, 96-2, Mar. 11, 1980,
effective Jan. 1, 1981; S. Res. 479, 100-2, Sept. 30, 1988.
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26.9b (b) In lieu of the procedure provided in subparagraph
(a), the Committee on Rules and Administration may--
(1) direct each committee to report an
authorization resolution for a two year budget
period beginning on March 1 of the first session of
a Congress; and
(2) report one authorization resolution
containing more than one committee authorization for
a one year or two year budget period.
26.10a 10. (a) All committee hearings, records, data, charts,
and files shall be kept separate and distinct from the
congressional office records of the Member serving as
chairman of the committee; and such records shall be the
property of the Senate and all members of the committee and
the Senate shall have access to such records. Each committee
is authorized to have printed and bound such testimony and
other data presented at hearings held by the committee.
26.10b (b) It shall be the duty of the chairman of each
committee to report or cause to be reported promptly to the
Senate any measure approved by his committee and to take or
cause to be taken necessary steps to bring the matter to a
vote. In any event, the report of any committee upon a
measure which has been approved by the committee shall be
filed within seven calendar days (exclusive of days on which
the Senate is not in session) after the day on which there
has been filed with the clerk of the committee a written and
signed request of a majority of the committee for the
reporting of that measure. Upon the filing of any such
request, the clerk of the committee shall transmit
immediately to the chairman of the committee notice of the
filing of that request. This subparagraph does not apply to
the Committee on Appropriations.
26.10c (c) If at the time of approval of a measure or matter by
any committee (except for the Committee on Appropriations),
any member of the committee gives notice of intention to
file supplemental, minority, or additional views, that
member shall be entitled to not less than three calendar
days in which to file such views, in writing, with the clerk
of the committee. All such views so filed by one or more
members of the committee shall be included within, and shall
be a part of, the report filed by the committee with respect
to that measure or matter. The report of the committee upon
that measure or matter shall be printed in a single volume
which--
(1) shall include all supplemental, minority, or
additional views which have been submitted by the
time of the filing of the report, and
(2) shall bear upon its cover a recital that
supplemental, minority, or additional views are
included as part of the report.
This subparagraph does not preclude--
(A) the immediate filing and printing of a
committee report unless timely request for the
opportunity to file supplemental, minority, or
additional views has been made as provided by this
subparagraph; or
(B) the filing by any such committee of any
supplemental report upon any measure or matter which
may be required for the correction of any technical
error in a previous report made by that committee
upon that measure or matter.
26.11a 11. (a) The report accompanying each bill or joint
resolution of a public character reported by any committee
(except the Committee on Appropriations and the Committee on
the Budget) shall contain--
(1) an estimate, made by such committee, of the
costs which would be incurred in carrying out such
bill or joint resolution in the fiscal year in which
it is reported and in each of the five fiscal years
following such fiscal year (or for the authorized
duration of any program authorized by such bill or
joint resolution, if less than five years), except
that, in the case of measures affecting the
revenues, such reports shall require only an
estimate of the gain or loss in revenues for a one-
year period; and
(2) a comparison of the estimate of costs
described in subparagraph (1) made by such committee
with any estimate of costs made by any Federal
agency; or
(3) in lieu of such estimate or comparison, or
both, a statement of the reasons why compliance by
the committee with the requirements of subparagraph
(1) or (2), or both, is impracticable.
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Note.--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 describe the manner in which the provisions of the
bill or joint resolution apply to the legislative branch; or
in the case of a provision not applicable to the legislative
branch, include a statement of the reasons the provision
does not apply.
(Pub. L. 104-1, Title I, Sec. 102, Jan. 23, 1995, 109 Stat.
5.) See Senate Manual Sec. 547.
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26.11b (b) Each such report (except those by the Committee on
Appropriations) shall also contain--
(1) an evaluation, made by such committee, of
the regulatory impact which would be incurred in
carrying out the bill or joint resolution. The
evaluation shall include (A) an estimate of the
numbers of individuals and businesses who would be
regulated and a determination of the groups and
classes of such individuals and businesses, (B) a
determination of the economic impact of such
regulation on the individuals, consumers, and
businesses affected, (C) a determination of the
impact on the personal privacy of the individuals
affected, and (D) a determination of the amount of
additional paperwork that will result from the
regulations to be promulgated pursuant to the bill
or joint resolution, which determination may
include, but need not be limited to, estimates of
the amount of time and financial costs required of
affected parties, showing whether the effects of the
bill or joint resolution could be substantial, as
well as reasonable estimates of the recordkeeping
requirements that may be associated with the bill or
joint resolution; or
(2) in lieu of such evaluation, a statement of
the reasons why compliance by the committee with the
requirements of clause (1) is impracticable.
26.11c (c) It shall not be in order for the Senate 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 subparagraphs (a) and (b) on the
objection of any Senator.
26.12 12. Whenever a committee reports a bill or a joint
resolution repealing or amending any statute or part thereof
it shall make a report thereon and shall include in such
report or in an accompanying document (to be prepared by the
staff of such committee) (a) the text of the statute or part
thereof which is proposed to be repealed; and (b) a
comparative print of that part of the bill or joint
resolution making the amendment and of the statute or part
thereof proposed to be amended, showing by stricken-through
type and italics, parallel columns, or other appropriate
typographical devices the omissions and insertions which
would be made by the bill or joint resolution if enacted in
the form recommended by the committee. This paragraph shall
not apply to any such report in which it is stated that, in
the opinion of the committee, it is necessary to dispense
with the requirements of this subsection to expedite the
business of the Senate.
26.13a 13. (a) Each committee (except the Committee on
Appropriations) which has legislative jurisdiction shall, in
its consideration of all bills and joint resolutions of a
public character within its jurisdiction, endeavor to insure
that--
(1) all continuing programs of the Federal
Government and of the government of the District of
Columbia, within the jurisdiction of such committee
or joint committee, are designed; and
(2) all continuing activities of Federal
agencies, within the jurisdiction of such committee
or joint committee, are carried on; so that, to the
extent consistent with the nature, requirements, and
objectives of those programs and activities,
appropriations therefor will be made annually.
26.13b (b) Each committee (except the Committee on
Appropriations) shall with respect to any continuing program
within its jurisdiction for which appropriations are not
made annually, review such program, from time to time, in
order to ascertain whether such program could be modified so
that appropriations therefor would be made annually.
27 RULE XXVII
COMMITTEE STAFF
27.1 1.\34\ Staff members appointed to assist minority
members of committees pursuant to authority of a resolution
described in paragraph 9 of rule XXVI or other Senate
resolution shall be accorded equitable treatment with
respect to the fixing of salary rates, the assignment of
facilities, and the accessibility of committee records.
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\34\As amended, S. Res. 281, 96-2, Mar. 11, 1980,
effective Feb. 28, 1981.
Note.--Pursuant to S. Res. 281, paragraph 1 of rule
XXVII was repealed. Accordingly, subparagraphs (a), (b),
(c), and (d) of paragraph 2 were renumbered as paragraphs 1,
2, 3, and 4, respectively.
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27.2 2. The minority shall receive fair consideration in the
appointment of staff personnel pursuant to authority of a
resolution described in paragraph 9 of rule XXVI.
27.3 3. The staffs of committees (including personnel
appointed pursuant to authority of a resolution described in
paragraph 9 of rule XXVI or other Senate resolution) should
reflect the relative number of majority and minority members
of committees. A majority of the minority members of any
committee may, by resolution, request that at least one-
third of all funds of the committee for personnel (other
than those funds determined by the chairman and ranking
minority member to be allocated for the administrative and
clerical functions of the committee as a whole) be allocated
to the minority members of such committee for compensation
of minority staff as the minority members may decide. The
committee shall thereafter adjust its budget to comply with
such resolution. Such adjustment shall be equitably made
over a four-year period, commencing July 1, 1977, with not
less than one-half being made in two years. Upon request by
a majority of the minority members of any committee by
resolution, proportionate space, equipment, and facilities
shall be provided for such minority staff.
27.4 4. No committee shall appoint to its staff any experts
or other personnel detailed or assigned from any department
or agency of the Government, except with the written
permission of the Committee on Rules and Administration.
28 RULE XXVIII
CONFERENCE COMMITTEES; REPORTS; OPEN MEETINGS
28.1 1.\35\ The presentation of reports of committees of
conference shall always be in order when available on each
Senator's desk except when the Journal is being read or a
question of order or a motion to adjourn is pending, or
while the Senate is voting or ascertaining the presence of a
quorum; and when received the question of proceeding to the
consideration of the report, if raised, shall be immediately
put, and shall be determined without debate.
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\35\As amended by S. Res. 28, 99-2, Feb. 27, 1986.
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2.\36\ (a) When a message from the House of
Representatives is laid before the Senate, it shall be in
order for a single, non-divisible motion to be made that
includes--
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\36\Paragraph 2 added pursuant to S. Res. 16, 113-1,
Jan. 24, 2013.
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(1) a motion to disagree to a House amendment
or insist upon a Senate amendment;
(2) a motion to request a committee of
conference with the House or to agree to a request
by the House for a committee of conference; and
(3) a motion to authorize the Presiding
Officer to appoint conferees (or a motion to appoint
conferees).
(b) If a cloture motion is presented on a motion made
pursuant to subparagraph (a), the motion shall be debatable
for no more than 2 hours, equally divided in the usual form,
after which the Presiding Officer, or the clerk at the
direction of the Presiding Officer, shall lay the motion
before the Senate. If cloture is then invoked on the motion,
the question shall be on the motion, without further debate.
28.2a 3. (a)\37\ Conferees shall not insert in their report
matter not committed to them by either House, nor shall they
strike from the bill matter agreed to by both Houses.
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\37\Paragraphs 3 and 4 amended pursuant to Pub. L. 110-
81, Sep. 14, 2007, and paragraphs 5-6 were added. Paragraphs
3 through 6 renumbered and amended pursuant to S. Res. 16,
113-1, Jan. 24, 2013.
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28.2b (b) If matter which was agreed to by both Houses is
stricken from the bill a point of order may be made against
the report, and if the point of order is sustained, the
report is rejected or shall be recommitted to the committee
of conference if the House of Representatives has not
already acted thereon.
28.2c (c) If new matter is inserted in the report, a point of
order may be made against the conference report and it shall
be disposed of as provided under paragraph 5.
28.3a 4. (a) In any case in which a disagreement to an
amendment in the nature of a substitute has been referred to
conferees--
(1) it shall be in order for the conferees to
report a substitute on the same subject matter;
(2) the conferees may not include in the report
matter not committed to them by either House; and
(3) the conferees may include in their report in
any such case matter which is a germane modification
of subjects in disagreement.
28.3b (b) In any case in which the conferees violate
subparagraph (a), a point of order may be made against the
conference report and it shall be disposed of as provided
under paragraph 5.
28.4a 5. (a) A Senator may raise a point of order that one or
more provisions of a conference report violates paragraph 3
or paragraph 4, as the case may be. 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.
28.4b (b) If the Presiding Officer sustains the point of order
as to any of the provisions against which the Senator raised
the point of order, then those provisions against which the
Presiding Officer sustains the point of order shall be
stricken. After all other points of order under this
paragraph have been disposed of--
(1) the Senate shall proceed to consider the
question of whether the Senate should recede from
its amendment to the House bill, or its disagreement
to the amendment of the House, and concur with a
further amendment, which further amendment shall
consist of only that portion of the conference
report that has not been stricken;
(2) the question in clause (1) shall be decided
under the same debate limitation as the conference
report; and
(3) no further amendment shall be in order.
28.5a 6. (a) Any Senator may move to waive any or all points
of order under paragraph 3 or 4 with respect to the pending
conference report by an affirmative vote of three-fifths of
the Members, duly chosen and sworn. All motions to waive
under this paragraph shall be debatable collectively for not
to exceed 1 hour equally divided between the Majority Leader
and the Minority Leader or their designees. A motion to
waive all points of order under this paragraph shall not be
amendable.
28.5b (b) All appeals from rulings of the Chair under
paragraph 5 shall be debatable collectively for not to
exceed 1 hour, equally divided between the Majority and the
Minority Leader or their designees. 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 under paragraph 5.
28.6 7.\38\ Each report made by a committee of conference to
the Senate shall be printed as a report of the Senate. As so
printed, such report shall be accompanied by an explanatory
statement prepared jointly by the conferees on the part of
the House and the conferees on the part of the Senate. Such
statement shall be sufficiently detailed and explicit to
inform the Senate as to the effect which the amendments or
propositions contained in such report will have upon the
measure to which those amendments or propositions relate.
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\38\Paragraphs 7 through 9 renumbered pursuant to Pub.
L. 110-81, Sep. 14, 2007, and paragraph 10 was added.
Paragraphs 7 through 10 renumbered pursuant to S. Res. 16,
113-1, Jan. 24, 2013.
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28.7 8. If time for debate in the consideration of any report
of a committee of conference upon the floor of the Senate is
limited, the time allotted for debate shall be equally
divided between the majority party and the minority party.
28.8 9. Each conference committee between the Senate and the
House of Representatives shall be open to the public except
when managers of either the Senate or the House of
Representatives in open session determine by a rollcall vote
of a majority of those managers present, that all or part of
the remainder of the meeting on the day of the vote shall be
closed to the public.
28.9a 10. (a)(1) It shall not be in order to vote on the
adoption of a report of a committee of conference unless
such report has been available to Members and to the general
public for at least 48 hours before such vote. If a point of
order is sustained under this paragraph, then the conference
report shall be set aside.
(2) For purposes of this paragraph, a report of a
committee of conference is made available to the general
public as of the time it is posted on a publicly accessible
website controlled by a Member, committee, Library of
Congress, or other office of Congress, or the Government
Printing Office, as reported to the Presiding Officer by the
Secretary of the Senate.
28.9b (b)(1) This paragraph may be waived in the Senate with
respect to the pending conference report by an affirmative
vote of three-fifths of the Members, duly chosen and sworn.
A motion to waive this paragraph shall be debatable for not
to exceed 1 hour equally divided between the Majority Leader
and the Minority Leader or their designees.
(2) An affirmative vote of three-fifths of the Members,
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 paragraph. An appeal of the ruling of the Chair
shall be debatable for not to exceed 1 hour equally divided
between the Majority and the Minority Leader or their
designees.
28.9c (c) This paragraph may be waived by joint agreement of
the Majority Leader and the Minority Leader of the Senate,
upon their certification that such waiver is necessary as a
result of a significant disruption to Senate facilities or
to the availability of the Internet.
29 RULE XXIX
EXECUTIVE SESSIONS
29.1 1. When the President of the United States shall meet
the Senate in the Senate Chamber for the consideration of
Executive business, he shall have a seat on the right of the
Presiding Officer. When the Senate shall be convened by the
President of the United States to any other place, the
Presiding Officer of the Senate and the Senators shall
attend at the place appointed, with the necessary officers
of the Senate.
29.2 2. When acting upon confidential or Executive business,
unless the same shall be considered in open Executive
session, the Senate Chamber shall be cleared of all persons
except the Secretary, the Assistant Secretary, the Principal
Legislative Clerk, the Parliamentarian, the Executive Clerk,
the Minute and Journal Clerk, the Sergeant at Arms, the
Secretaries to the Majority and the Minority, and such other
officers as the Presiding Officer shall think necessary; and
all such officers shall be sworn to secrecy.
29.3 3. All confidential communications made by the President
of the United States to the Senate shall be by the Senators
and the officers of the Senate kept secret; and all treaties
which may be laid before the Senate, and all remarks, votes,
and proceedings thereon shall also be kept secret, until the
Senate shall, by their resolution, take off the injunction
of secrecy.
29.4 4. Whenever the injunction of secrecy shall be removed
from any part of the proceedings of the Senate in closed
Executive or legislative session, the order of the Senate
removing the same shall be entered in the Legislative
Journal as well as in the Executive Journal, and shall be
published in the Congressional Record under the direction of
the Secretary of the Senate.
29.5 5.\39\ Any Senator, officer or employee of the Senate
who shall disclose the secret or confidential business or
proceedings of the Senate, including the business and
proceedings of the committees, subcommittees and offices of
the Senate shall be liable, if a Senator, to suffer
expulsion from the body; and if an officer or employee, to
dismissal from the service of the Senate, and to punishment
for contempt.
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\39\As amended by S. Res. 363, 102-2, Oct. 8, 1992.
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29.6 6. Whenever, by the request of the Senate or any
committee thereof, any documents or papers shall be
communicated to the Senate by the President or the head of
any department relating to any matter pending in the Senate,
the proceedings in regard to which are secret or
confidential under the rules, said documents and papers
shall be considered as confidential, and shall not be
disclosed without leave of the Senate.
30 RULE XXX
EXECUTIVE SESSION--PROCEEDINGS ON TREATIES
30.1a 1. (a) When a treaty shall be laid before the Senate for
ratification, it shall be read a first time; and no motion
in respect to it shall be in order, except to refer it to a
committee, to print it in confidence for the use of the
Senate, or to remove the injunction of secrecy.
30.1b (b)\40\ When a treaty is reported from a committee with
or without amendment, it shall, unless the Senate
unanimously otherwise directs, lie over one day for
consideration; after which it may be read a second time,
after which amendments may be proposed. At any stage of such
proceedings the Senate may remove the injunction of secrecy
from the treaty.
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\40\As amended by S. Res. 28, 99-2, Feb. 27, 1986.
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30.1c (c) The decisions thus made shall be reduced to the form
of a resolution of ratification, with or without amendments,
as the case may be, which shall be proposed on a subsequent
day, unless, by unanimous consent, the Senate determine
otherwise, at which stage no amendment to the treaty shall
be received unless by unanimous consent; but the resolution
of ratification when pending shall be open to amendment in
the form of reservations, declarations, statements, or
understandings.
30.1d (d) On the final question to advise and consent to the
ratification in the form agreed to, the concurrence of two-
thirds of the Senators present shall be necessary to
determine it in the affirmative; but all other motions and
questions upon a treaty shall be decided by a majority vote,
except a motion to postpone indefinitely, which shall be
decided by a vote of two-thirds.
30.2 2. Treaties transmitted by the President to the Senate
for ratification shall be resumed at the second or any
subsequent session of the same Congress at the stage in
which they were left at the final adjournment of the session
at which they were transmitted; but all proceedings on
treaties shall terminate with the Congress, and they shall
be resumed at the commencement of the next Congress as if no
proceedings had previously been had thereon.
31 RULE XXXI
EXECUTIVE SESSION--PROCEEDINGS ON NOMINATIONS
31.1 1. When nominations shall be made by the President of
the United States to the Senate, they shall, unless
otherwise ordered, be referred to appropriate committees;
and the final question on every nomination shall be, ``Will
the Senate advise and consent to this nomination?'' which
question shall not be put on the same day on which the
nomination is received, nor on the day on which it may be
reported by a committee, unless by unanimous consent.
31.2 2. All business in the Senate shall be transacted in
open session, unless the Senate as provided in rule XXI by a
majority vote shall determine that a particular nomination,
treaty, or other matter shall be considered in closed
executive session, in which case all subsequent proceedings
with respect to said nomination, treaty, or other matter
shall be kept secret: Provided, That the injunction of
secrecy as to the whole or any part of proceedings in closed
executive session may be removed on motion adopted by a
majority vote of the Senate in closed executive session:
Provided further, That any Senator may make public his vote
in closed executive session.
31.3 3. When a nomination is confirmed or rejected, any
Senator voting in the majority may move for a
reconsideration on the same day on which the vote was taken,
or on either of the next two days of actual executive
session of the Senate; but if a notification of the
confirmation or rejection of a nomination shall have been
sent to the President before the expiration of the time
within which a motion to reconsider may be made, the motion
to reconsider shall be accompanied by a motion to request
the President to return such notification to the Senate. Any
motion to reconsider the vote on a nomination may be laid on
the table without prejudice to the nomination, and shall be
a final disposition of such motion.
31.4 4. Nominations confirmed or rejected by the Senate shall
not be returned by the Secretary to the President until the
expiration of the time limited for making a motion to
reconsider the same, or while a motion to reconsider is
pending unless otherwise ordered by the Senate.
31.5 5. When the Senate shall adjourn or take a recess for
more than thirty days, all motions to reconsider a vote upon
a nomination which has been confirmed or rejected by the
Senate, which shall be pending at the time of taking such
adjournment or recess, shall fall; and the Secretary shall
return all such nominations to the President as confirmed or
rejected by the Senate, as the case may be.
31.6 6. Nominations neither confirmed nor rejected during the
session at which they are made shall not be acted upon at
any succeeding session without being again made to the
Senate by the President; and if the Senate shall adjourn or
take a recess for more than thirty days, all nominations
pending and not finally acted upon at the time of taking
such adjournment or recess shall be returned by the
Secretary to the President, and shall not again be
considered unless they shall again be made to the Senate by
the President.
31.7a 7. (a) The Official Reporters shall be furnished with a
list of nominations to office after the proceedings of the
day on which they are received, and a like list of all
confirmations and rejections.
31.7b (b) All nominations to office shall be prepared for the
printer by the Official Reporter, and printed in the
Congressional Record, after the proceedings of the day in
which they are received, also nominations recalled, and
confirmed.
31.7c (c) The Secretary shall furnish to the press, and to the
public upon request, the names of nominees confirmed or
rejected on the day on which a final vote shall be had,
except when otherwise ordered by the Senate.
32 RULE XXXII
THE PRESIDENT FURNISHED WITH COPIES OF RECORDS OF EXECUTIVE
SESSIONS
The President of the United States shall, from time to
time, be furnished with an authenticated transcript of the
public executive records of the Senate, but no further
extract from the Executive Journal shall be furnished by the
Secretary, except by special order of the Senate; and no
paper, except original treaties transmitted to the Senate by
the President of the United States, and finally acted upon
by the Senate, shall be delivered from the office of the
Secretary without an order of the Senate for that purpose.
33 RULE XXXIII
SENATE CHAMBER--SENATE WING OF THE CAPITOL
33.1 1. The Senate Chamber shall not be granted for any other
purpose than for the use of the Senate; no smoking shall be
permitted at any time on the floor of the Senate, or lighted
cigars, cigarettes, or pipes be brought into the Chamber.
33.2 2. It shall be the duty of the Committee on Rules and
Administration to make all rules and regulations respecting
such parts of the Capitol, its passages and galleries,
including the restaurant and the Senate Office Buildings, as
are or may be set apart for the use of the Senate and its
officers, to be enforced under the direction of the
Presiding Officer. The Committee shall make such regulations
respecting the reporters' galleries of the Senate, together
with the adjoining rooms and facilities, as will confine
their occupancy and use to bona fide reporters of newspapers
and periodicals, and of news or press associations for daily
news dissemination through radio, television, wires, and
cables, and similar media of transmission. These regulations
shall so provide for the use of such space and facilities as
fairly to distribute their use to all such media of news
dissemination.
34 RULE XXXIV
PUBLIC FINANCIAL DISCLOSURE
34.1 1. For purposes of this rule, the provisions of Title I
of the Ethics in Government Act of 1978 shall be deemed to
be a rule of the Senate as it pertains to Members, officers,
and employees of the Senate.
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Note.--Financial disclosure requirements contained in
the Ethics in Government Act as amended are codified at 5
U.S.C. App. See Senate Manual Sec. 1172.
---------------------------------------------------------------------------
34.2a 2. (a)\41\ The Select Committee on Ethics shall transmit
a copy of each report filed with it under Title I of the
Ethics in Government Act of 1978 (other than a report filed
by a Member of Congress) to the head of the employing office
of the individual filing the report.
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\41\Paragraph 2 added pursuant to S. Res. 236, 101-2,
Jan. 30, 1990.
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34.2b (b) For purposes of this rule, the head of the employing
office shall be--
(1) in the case of an employee of a Member, the
Member by whom that person is employed;
(2) in the case of an employee of a Committee,
the chairman and ranking minority member of such
Committee;
(3) in the case of an employee on the leadership
staff, the Member of the leadership on whose staff
such person serves; and
(4) in the case of any other employee of the
legislative branch, the head of the office in which
such individual serves.
34.3 3.\42\ In addition to the requirements of paragraph 1,
Members, officers, and employees of the Senate shall include
in each report filed under paragraph 1\43\ the following
additional information:
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\42\Paragraphs 3 and 4 added pursuant to S. Res. 158,
104-1, July 28, 1995, effective Jan. 1, 1996, as amended by
S. Res. 198, 104-1, Dec. 7, 1995.
\43\Renumbered pursuant to S. Res. 198, 104-1, Dec. 7,
1995.
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34.3a
(a) For purposes of section 102(a)(1)(B) of the
Ethics in Government Act of 1978 additional
categories of income as follows:
(1) greater than $1,000,000 but not more
than $5,000,000, or
(2) greater than $5,000,000.
34.3b
(b) For purposes of section 102(d)(1) of the
Ethics in Government Act of 1978 additional
categories of value\44\ as follows:
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\44\The word ``value'' replaced the word ``income''
pursuant to S. Res. 198, 104-1, Dec. 7, 1995.
---------------------------------------------------------------------------
(1) greater than $1,000,000 but not more
than $5,000,000;
(2) greater than $5,000,000 but not more
than $25,000,000;
(3) greater than $25,000,000 but not
more than $50,000,000; and
(4) greater than $50,000,000.
34.3c
(c) For purposes of this paragraph and section
102 of the Ethics in Government Act of 1978,
additional categories with amounts or values greater
than $1,000,000 set forth in section 102(a)(1)(B)
and 102(d)(1) shall apply to the income, assets, or
liabilities of spouses and dependent children only
if the income, assets, or liabilities are held
jointly with the reporting individual. All other
income, assets, or liabilities of the spouse or
dependent children required to be reported under
section 102 and this paragraph in an amount of value
greater than $1,000,000 shall be categorized only as
an amount or value greater than $1,000,000.
34.4 4.\45\ In addition to the requirements of paragraph 1,
Members, officers, and employees of the Senate shall include
in each report filed under paragraph 1\46\ an additional
statement under section 102(a) of the Ethics in Government
Act of 1978 listing the category of the total cash value of
any interest of the reporting individual in a qualified
blind trust as provided in section 102(d)(1) of the Ethics
in Government Act of 1978, unless the trust instrument was
executed prior to July 24, 1995 and precludes the
beneficiary from receiving information on the total cash
value of any interest in the qualified blind trust.
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\45\Effective with respect to reports filed under Title
I of the Ethics in Government Act of 1978 for calendar year
1996 and thereafter.
\46\Renumbered pursuant to S. Res. 198, 104-1, Dec. 7,
1995.
35 RULE XXXV
GIFTS\47\
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\47\Amended pursuant to S. Res. 158, 104-1, July 28,
1995, effective Jan. 1, 1996.
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35.1a 1. (a)(1) No Member, officer, or employee of the Senate
shall knowingly accept a gift except as provided in this
rule.
(2)(A)\48\ A Member, officer, or employee may accept a
gift (other than cash or cash equivalent) which the Member,
officer, or employee reasonably and in good faith believes
to have a value of less than $50, and a cumulative value
from one source during a calendar year of less than $100. No
gift with a value below $10 shall count toward the $100
annual limit. No formal recordkeeping is required by this
paragraph, but a Member, officer, or employee shall make a
good faith effort to comply with this paragraph.
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\48\Subparagraph (A) renumbered and (B) added pursuant
to Pub. L. 110-81, Sep. 14, 2007.
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(B) A Member, officer, or employee may not knowingly
accept a gift from a registered lobbyist, an agent of a
foreign principal, or a private entity that retains or
employs a registered lobbyist or an agent of a foreign
principal, except as provided in subparagraphs (c) and (d).
35.1b (b)(1) For the purpose of this rule, the term ``gift''
means any gratuity, favor, discount, entertainment,
hospitality, loan, forbearance, or other item having
monetary value. The term includes gifts of services,
training, transportation, lodging, and meals, whether
provided in kind, by purchase of a ticket, payment in
advance, or reimbursement after the expense has been
incurred.
(2)(A) A gift to a family member of a Member, officer,
or employee, or a gift to any other individual based on that
individual's relationship with the Member, officer, or
employee, shall be considered a gift to the Member, officer,
or employee if it is given with the knowledge and
acquiescence of the Member, officer, or employee and the
Member, officer, or employee has reason to believe the gift
was given because of the official position of the Member,
officer, or employee.
(B) If food or refreshment is provided at the same time
and place to both a Member, officer, or employee and the
spouse or dependent thereof, only the food or refreshment
provided to the Member, officer, or employee shall be
treated as a gift for purposes of this rule.
35.1c (c) The restrictions in subparagraph (a) shall not apply
to the following:
(1)(A)\49\ Anything for which the Member,
officer, or employee pays the market value, or does
not use and promptly returns to the donor.
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\49\Subclause (A) renumbered and (B) added pursuant to
Pub. L. 110-81, Sep. 14, 2007.
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(B) The market value of a ticket to an
entertainment or sporting event shall be the face
value of the ticket or, in the case of a ticket
without a face value, the value of the ticket with
the highest face value for the event, except that if
a ticket holder can establish in advance of the
event to the Select Committee on Ethics that the
ticket at issue is equivalent to another ticket with
a face value, then the market value shall be set at
the face value of the equivalent ticket. In
establishing equivalency, the ticket holder shall
provide written and independently verifiable
information related to the primary features of the
ticket, including, at a minimum, the seat location,
access to parking, availability of food and
refreshments, and access to venue areas not open to
the public. The Select Committee on Ethics may make
a determination of equivalency only if such
information is provided in advance of the event.
(C)(i)\50\ Fair market value for a flight on an
aircraft described in item (ii) shall be the pro
rata share of the fair market value of the normal
and usual charter fare or rental charge for a
comparable plane of comparable size, as determined
by dividing such cost by the number of Members,
officers, or employees of Congress on the flight.
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\50\Subparagraph C added pursuant to Pub. L. 110-81,
Sep. 14, 2007.
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(ii) A flight on an aircraft described in this
item is any flight on an aircraft that is not--
(I) operated or paid for by an air
carrier or commercial operator certificated
by the Federal Aviation Administration and
required to be conducted under air carrier
safety rules; or
(II) in the case of travel which is
abroad, 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.
(iii) This subclause shall not apply to an
aircraft owned or leased by a governmental entity or
by a Member of Congress or a Member's immediate
family member (including an aircraft owned by an
entity that is not a public corporation in which the
Member or Member's immediate family member has an
ownership interest), provided that the Member does
not use the aircraft any more than the Member's or
immediate family member's proportionate share of
ownership allows.
(2) A contribution, as defined in the Federal
Election Campaign Act of 1971 (2 U.S.C. 431 et seq.)
that is lawfully made under that Act, or attendance
at a fundraising event sponsored by a political
organization described in section 527(e) of the
Internal Revenue Code of 1986.
(3) A gift from a relative as described in
section 109(16) of Title I of the Ethics Reform Act
of 1989 (5 U.S.C. App. 6).\51\
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\51\As amended, S. Res. 198, 104-1, Dec. 7, 1995. See
Senate Manual Sec. 1180, for definitions.
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(4)(A) Anything, including personal
hospitality,\52\ provided by an individual on the
basis of a personal friendship unless the Member,
officer, or employee has reason to believe that,
under the circumstances, the gift was provided
because of the official position of the Member,
officer, or employee and not because of the personal
friendship.
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\52\The phrase ``including personal hospitality''
inserted pursuant to S. Res. 198, 104-1, Dec. 7, 1995.
---------------------------------------------------------------------------
(B) In determining whether a gift is provided on
the basis of personal friendship, the Member,
officer, or employee shall consider the
circumstances under which the gift was offered, such
as:
(i) The history of the relationship
between the individual giving the gift and
the recipient of the gift, including any
previous exchange of gifts between such
individuals.
(ii) Whether to the actual knowledge of
the Member, officer, or employee the
individual who gave the gift personally paid
for the gift or sought a tax deduction or
business reimbursement for the gift.
(iii) Whether to the actual knowledge of
the Member, officer, or employee the
individual who gave the gift also at the
same time gave the same or similar gifts to
other Members, officers, or employees.
(5) A contribution or other payment to a legal
expense fund established for the benefit of a
Member, officer, or employee, that is otherwise
lawfully made, subject to the disclosure
requirements of the Select Committee on Ethics,
except as provided in paragraph 3(c).
(6) Any gift from another Member, officer, or
employee of the Senate or the House of
Representatives.
(7) Food, refreshments, lodging, and other
benefits--
(A) resulting from the outside business
or employment activities (or other outside
activities that are not connected to the
duties of the Member, officer, or employee
as an officeholder) of the Member, officer
or employee, or the spouse of the Member,
officer, or employee, if such benefits have
not been offered or enhanced because of the
official position of the Member, officer, or
employee and are customarily provided to
others in similar circumstances;
(B) customarily provided by a
prospective employer in connection with bona
fide employment discussions; or
(C) provided by a political organization
described in section 527(e) of the Internal
Revenue Code of 1986 in connection with a
fundraising or campaign event sponsored by
such an organization.
(8) Pension and other benefits resulting from
continued participation in an employee welfare and
benefits plan maintained by a former employer.
(9) Informational materials that are sent to the
office of the Member, officer, or employee in the
form of books, articles, periodicals, other written
materials, audiotapes, videotapes, or other forms of
communication.
(10) Awards or prizes which are given to
competitors in contests or events open to the
public, including random drawings.
(11) Honorary degrees (and associated travel,
food, refreshments, and entertainment) and other
bona fide, nonmonetary awards presented in
recognition of public service (and associated food,
refreshments, and entertainment provided in the
presentation of such degrees and awards).
(12) Donations of products from the State that
the Member represents that are intended primarily
for promotional purposes, such as display or free
distribution, and are of minimal value to any
individual recipient.
(13) Training (including food and refreshments
furnished to all attendees as an integral part of
the training) provided to a Member, officer, or
employee, if such training is in the interest of the
Senate.
(14) Bequests, inheritances, and other transfers
at death.
(15) Any item, the receipt of which is
authorized by the Foreign Gifts and Decorations Act,
the Mutual Educational and Cultural Exchange Act, or
any other statute.
(16) Anything which is paid for by the Federal
Government, by a State or local government, or
secured by the Government under a Government
contract.
(17) A gift of personal hospitality (as defined
in section 109(14) of the Ethics in Government
Act)\53\ of an individual other than a registered
lobbyist or agent of a foreign principal.
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\53\See Senate Manual Sec. 1180, for definitions.
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(18) Free attendance at a widely attended event
permitted pursuant to subparagraph (d).
(19) Opportunities and benefits which are--
(A) available to the public or to a
class consisting of all Federal employees,
whether or not restricted on the basis of
geographic consideration;
(B) offered to members of a group or
class in which membership is unrelated to
congressional employment;
(C) offered to members of an
organization, such as an employees'
association or congressional credit union,
in which membership is related to
congressional employment and similar
opportunities are available to large
segments of the public through organizations
of similar size;
(D) offered to any group or class that
is not defined in a manner that specifically
discriminates among Government employees on
the basis of branch of Government or type of
responsibility, or on a basis that favors
those of higher rank or rate of pay;
(E) in the form of loans from banks and
other financial institutions on terms
generally available to the public; or
(F) in the form of reduced membership or
other fees for participation in organization
activities offered to all Government
employees by professional organizations if
the only restrictions on membership relate
to professional qualifications.
(20) A plaque, trophy, or other item that is
substantially commemorative in nature and which is
intended solely for presentation.
(21) Anything for which, in an unusual case, a
waiver is granted by the Select Committee on Ethics.
(22) Food or refreshments of a nominal value
offered other than as a part of a meal.
(23) An item of little intrinsic value such as a
greeting card, baseball cap, or a T-shirt.
(24)\54\ Subject to the restrictions in
subparagraph (a)(2)(A), free attendance at a
constituent event permitted pursuant to subparagraph
(g).
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\54\Clause (24) was added pursuant to Pub. L. 110-81,
Sep. 14, 2007.
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35.1d (d)(1) A Member, officer, or employee may accept an
offer of free attendance at a widely attended convention,
conference, symposium, forum, panel discussion, dinner,
viewing, reception, or similar event, provided by the
sponsor of the event, if--
(A) the Member, officer, or employee
participates in the event as a speaker or a panel
participant, by presenting information related to
Congress or matters before Congress, or by
performing a ceremonial function appropriate to the
Member's, officer's, or employee's official
position; or
(B) attendance at the event is appropriate to
the performance of the official duties or
representative function of the Member, officer, or
employee.
(2) A Member, officer, or employee who attends an event
described in clause (1) may accept a sponsor's unsolicited
offer of free attendance at the event for an accompanying
individual if others in attendance will generally be
similarly accompanied or if such attendance is appropriate
to assist in the representation of the Senate.
(3) A Member, officer, or employee, or the spouse or
dependent thereof, may accept a sponsor's unsolicited offer
of free attendance at a charity event, except that
reimbursement for transportation and lodging may not be
accepted in connection with an event that does not meet the
standards provided in paragraph 2.
(4) For purposes of this paragraph, the term ``free
attendance'' may include waiver of all or part of a
conference or other fee, the provision of local
transportation, or the provision of food, refreshments,
entertainment, and instructional materials furnished to all
attendees as an integral part of the event. The term does
not include entertainment collateral to the event, nor does
it include food or refreshments taken other than in a group
setting with all or substantially all other attendees.
(5)\55\ During the dates of the national party
convention for the political party to which a Member
belongs, a Member may not participate in an event honoring
that Member, other than in his or her capacity as the
party's presidential or vice presidential nominee or
presumptive nominee, if such event is directly paid for by a
registered lobbyist or a private entity that retains or
employs a registered lobbyist.
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\55\Clause (5) was added pursuant to Pub. L. 110-81,
Sep. 14, 2007.
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35.1e (e) No Member, officer, or employee may accept a gift
the value of which exceeds $250 on the basis of the personal
friendship exception in subparagraph (c)(4) unless the
Select Committee on Ethics issues a written determination
that such exception applies. No determination under this
subparagraph is required for gifts given on the basis of the
family relationship exception.
35.1f (f) When it is not practicable to return a tangible item
because it is perishable, the item may, at the discretion of
the recipient, be given to an appropriate charity or
destroyed.
35.1g (g)(1)\56\ A Member, officer, or employee may accept an
offer of free attendance in the Member's home State at a
conference, symposium, forum, panel discussion, dinner
event, site visit, viewing, reception, or similar event,
provided by a sponsor of the event, if--
---------------------------------------------------------------------------
\56\Subparagraph (g) was added pursuant to Pub. L. 110-
81, Sep. 14, 2007.
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(A) the cost of meals provided the Member,
officer, or employee is less than $50;
(B)(i) the event is sponsored by constituents
of, or a group that consists primarily of
constituents of, the Member (or the Member by whom
the officer or employee is employed); and
(ii) the event will be attended primarily by a
group of at least 5 constituents of the Member (or
the Member by whom the officer or employee is
employed) provided that a registered lobbyist shall
not attend the event; and
(C)(i) the Member, officer, or employee
participates in the event as a speaker or a panel
participant, by presenting information related to
Congress or matters before Congress, or by
performing a ceremonial function appropriate to the
Member's, officer's, or employee's official
position; or
(ii) attendance at the event is appropriate to
the performance of the official duties or
representative function of the Member, officer, or
employee.
(2) A Member, officer, or employee who attends an event
described in clause (1) may accept a sponsor's unsolicited
offer of free attendance at the event for an accompanying
individual if others in attendance will generally be
similarly accompanied or if such attendance is appropriate
to assist in the representation of the Senate.
(3) For purposes of this subparagraph, the term `free
attendance' has the same meaning given such term in
subparagraph (d).
35.2a 2.\57\(a)(1)\58\ A reimbursement (including payment in
kind) to a Member, officer, or employee from an individual
other than a registered lobbyist or agent of a foreign
principal or a private entity that retains or employs 1 or
more registered lobbyists or agents of a foreign principal
for necessary transportation, lodging and related expenses
for travel to a meeting, speaking engagement, factfinding
trip or similar event in connection with the duties of the
Member, officer, or employee as an officeholder shall be
deemed to be a reimbursement to the Senate and not a gift
prohibited by this rule, if the Member, officer, or employee
complies with the requirements of this paragraph.
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\57\(Note: amendments to paragraph (2) pursuant to Pub.
L. 110-81, Sep. 14, 2007, take effect 60 days after
enactment or the date that the Select Committee on Ethics
issues new guidelines pertaining to this paragraph.)
\58\Subparagraph (a)(1) was amended pursuant to Pub. L.
110-81, Sep. 14, 2007.
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(2)(A)\59\ Notwithstanding clause (1), a reimbursement
(including payment in kind) to a Member, officer, or
employee of the Senate from an individual, other than a
registered lobbyist or agent of a foreign principal, that is
a private entity that retains or employs 1 or more
registered lobbyists or agents of a foreign principal shall
be deemed to be a reimbursement to the Senate under clause
(1) if--
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\59\Clause (2) was added pursuant to Pub. L. 110-81,
Sep. 14, 2007.
---------------------------------------------------------------------------
(i) the reimbursement is for necessary
transportation, lodging, and related expenses for
travel to a meeting, speaking engagement,
factfinding trip, or similar event described in
clause (1) in connection with the duties of the
Member, officer, or employee and the reimbursement
is provided only for attendance at or participation
for 1 day (exclusive of travel time and an overnight
stay) at an event described in clause (1); or
(ii) the reimbursement is for necessary
transportation, lodging, and related expenses for
travel to a meeting, speaking engagement,
factfinding trip, or similar event described in
clause (1) in connection with the duties of the
Member, officer, or employee and the reimbursement
is from an organization designated under section
501(c)(3) of the Internal Revenue Code of 1986.
(B) When deciding whether to preapprove a trip under
this clause, the Select Committee on Ethics shall make a
determination consistent with regulations issued pursuant to
section 544(b) of the Honest Leadership and Open Government
Act of 2007. The committee through regulations to implement
subclause (A)(i) may permit a longer stay when determined by
the committee to be practically required to participate in
the event, but in no event may the stay exceed 2 nights.
(3)\60\ For purposes of clauses (1) and (2), events, the
activities of which are substantially recreational in
nature, shall not be considered to be in connection with
duties of a Member, officer, or employee as an officeholder.
---------------------------------------------------------------------------
\60\Clause (3) was renumbered and amended pursuant to
Pub. L. 110-81, Sep. 14, 2007.
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35.2b (b)\61\Before an employee may accept reimbursement
pursuant to subparagraph (a), the employee shall receive
advance written authorization from the Member or officer
under whose direct supervision the employee works. Each
advance authorization to accept reimbursement shall be
signed by the Member or officer under whose direct
supervision the employee works and shall include--
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\61\Subparagraph (b) amended pursuant to Pub. L. 110-81,
Sep. 14, 2007.
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(1) the name of the employee;
(2) the name of the person who will make the
reimbursement;
(3) the time, place, and purpose of the travel;
and
(4) a determination that the travel is in
connection with the duties of the employee as an
officeholder and would not create the appearance
that the employee is using public office for private
gain.
35.2c (c)\62\ Each Member, officer, or employee that receives
reimbursement under this paragraph shall disclose the
expenses reimbursed or to be reimbursed, the authorization
under subparagraph (b) (for an employee), and a copy of the
certification in subparagraph (e)(1) to the Secretary of the
Senate not later than 30 days after the travel is completed.
Each disclosure made under this subparagraph of expenses
reimbursed or to be reimbursed shall be signed by the Member
or officer (in the case of travel by that Member or officer)
or by the Member or officer under whose direct supervision
the employee works (in the case of travel by an employee)
and shall include--
---------------------------------------------------------------------------
\62\Subparagraph (c) amended pursuant to Pub. L. 110-81,
Sep. 14, 2007.
---------------------------------------------------------------------------
(1) a good faith estimate of total
transportation expenses reimbursed or to be
reimbursed;
(2) a good faith estimate of total lodging
expenses reimbursed or to be reimbursed;
(3) a good faith estimate of total meal expenses
reimbursed or to be reimbursed;
(4) a good faith estimate of the total of other
expenses reimbursed or to be reimbursed;
(5) a determination that all such expenses are
necessary transportation, lodging, and related
expenses as defined in this paragraph;
(6)\63\ a description of meetings and events
attended; and
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\63\Clause (6) added pursuant to Pub. L. 110-81, Sep.
14, 2007.
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(7)\64\ in the case of a reimbursement to a
Member or officer, a determination that the travel
was in connection with the duties of the Member or
officer as an officeholder and would not create the
appearance that the Member or officer is using
public office for private gain.
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\64\Clause (7) renumbered pursuant to Pub. L. 110-81,
Sep. 14, 2007.
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35.2d (d)(1)\65\ A Member, officer, or employee of the Senate
may not accept a reimbursement (including payment in kind)
for transportation, lodging, or related expenses under
subparagraph (a) for a trip that was--
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\65\Subparagraph (d) added pursuant to Pub. L. 110-81,
Sep. 14, 2007.
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(A) planned, organized, or arranged by or at the
request of a registered lobbyist or agent of a
foreign principal; or
(B)(i) for trips described under subparagraph
(a)(2)(A)(i) on which a registered lobbyist
accompanies the Member, officer, or employee on any
segment of the trip; or
(ii) for all other trips allowed under this
paragraph, on which a registered lobbyist
accompanies the Member, officer, or employee at any
point throughout the trip.
(2) The Select Committee on Ethics shall issue
regulations identifying de minimis activities by registered
lobbyists or foreign agents that would not violate this
subparagraph.
35.2e (e)\66\ A Member, officer, or employee shall, before
accepting travel otherwise permissible under this paragraph
from any source--
---------------------------------------------------------------------------
\66\Subparagraph (e) added pursuant to Pub. L. 110-81,
Sep. 14, 2007.
---------------------------------------------------------------------------
(1) provide to the Select Committee on Ethics a
written certification from such source that--
(A) the trip will not be financed in any
part by a registered lobbyist or agent of a
foreign principal;
(B) the source either--
(i) does not retain or employ
registered lobbyists or agents of a foreign
principal and is not itself a registered
lobbyist or agent of a foreign principal; or
(ii) certifies that the trip meets the
requirements of subclause (i) or (ii) of
subparagraph (a)(2)(A);
(C) the source will not accept from a
registered lobbyist or agent of a foreign
principal or a private entity that retains
or employs 1 or more registered lobbyists or
agents of a foreign principal, funds
earmarked directly or indirectly for the
purpose of financing the specific trip; and
(D) the trip will not in any part be
planned, organized, requested, or arranged
by a registered lobbyist or agent of a
foreign principal and the traveler will not
be accompanied on the trip consistent with
the applicable requirements of subparagraph
(d)(1)(B) by a registered lobbyist or agent
of a foreign principal, except as permitted
by regulations issued under subparagraph
(d)(2); and
(2) after the Select Committee on Ethics has
promulgated regulations pursuant to section 544(b)
of the Honest Leadership and Open Government Act of
2007, obtain the prior approval of the committee for
such reimbursement.
35.2f (f)\67\ For the purposes of this paragraph, the term
``necessary transportation, lodging, and related
expenses''--
---------------------------------------------------------------------------
\67\Subparagraph (f) renumbered and subparagraph (g)
renumbered and amended pursuant to Pub. L. 110-81, Sep. 14,
2007.
---------------------------------------------------------------------------
(1) includes reasonable expenses that are
necessary for travel for a period not exceeding 3
days exclusive of travel time within the United
States or 7 days exclusive of travel time outside of
the United States unless approved in advance by the
Select Committee on Ethics;
(2) is limited to reasonable expenditures for
transportation, lodging, conference fees and
materials, and food and refreshments, including
reimbursement for necessary transportation, whether
or not such transportation occurs within the periods
described in clause (1);
(3) does not include expenditures for
recreational activities, nor does it include
entertainment other than that provided to all
attendees as an integral part of the event, except
for activities or entertainment otherwise
permissible under this rule; and
(4) may include travel expenses incurred on
behalf of either the spouse or a child of the
Member, officer, or employee, subject to a
determination signed by the Member or officer (or in
the case of an employee, the Member or officer under
whose direct supervision the employee works) that
the attendance of the spouse or child is appropriate
to assist in the representation of the Senate.
35.2g (g) The Secretary of the Senate shall make all advance
authorizations, certifications, and disclosures filed
pursuant to this paragraph available for public inspection
as soon as possible after they are received, but in no event
prior to the completion of the relevant travel.
35.3 3. A gift prohibited by paragraph 1(a) includes the
following:
35.3a
(a) Anything provided by a registered lobbyist
or an agent of a foreign principal to an entity that
is maintained or controlled by a Member, officer, or
employee.
35.3b
(b) A charitable contribution (as defined in
section 170(c) of the Internal Revenue Code of 1986)
made by a registered lobbyist or an agent of a
foreign principal on the basis of a designation,
recommendation, or other specification of a Member,
officer, or employee (not including a mass mailing
or other solicitation directed to a broad category
of persons or entities), other than a charitable
contribution permitted by paragraph 4.
35.3c
(c) A contribution or other payment by a
registered lobbyist or an agent of a foreign
principal to a legal expense fund established for
the benefit of a Member, officer, or employee.
35.3d
(d) A financial contribution or expenditure made
by a registered lobbyist or an agent of a foreign
principal relating to a conference, retreat, or
similar event, sponsored by or affiliated with an
official congressional organization, for or on
behalf of Members, officers, or employees.
35.4a 4. (a) A charitable contribution (as defined in section
170(c) of the Internal Revenue Code of 1986) made by a
registered lobbyist or an agent of a foreign principal in
lieu of an honorarium to a Member, officer, or employee
shall not be considered a gift under this rule if it is
reported as provided in subparagraph (b).
35.4b (b) A Member, officer, or employee who designates or
recommends a contribution to a charitable organization in
lieu of honoraria described in subparagraph (a) shall report
within 30 days after such designation or recommendation to
the Secretary of the Senate--
(1) the name and address of the registered
lobbyist who is making the contribution in lieu of
honoraria;
(2) the date and amount of the contribution; and
(3) the name and address of the charitable
organization designated or recommended by the
Member.
The Secretary of the Senate shall make public information
received pursuant to this subparagraph as soon as possible
after it is received.
35.5 5. For purposes of this rule--
35.5a
(a) the term ``registered lobbyist'' means a
lobbyist registered under the Federal Regulation of
Lobbying Act or any successor statute; and
35.5b
(b) the term ``agent of a foreign principal''
means an agent of a foreign principal registered
under the Foreign Agents Registration Act.
35.6 6. All the provisions of this rule shall be interpreted
and enforced solely by the Select Committee on Ethics. The
Select Committee on Ethics is authorized to issue guidance
on any matter contained in this rule.
36 RULE XXXVI\68\
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\68\Previous provisions of Rule XXXVI were repealed by
S. Res. 512, 97-2, Dec. 14, 1982, effective Jan. 1, 1983.
New Rule XXXVI language established by S. Res. 192, 102-1,
Oct. 31, 1991, effective Aug. 14, 1991. See Senate Manual
Secs. 1184-1188, for provisions of 5 U.S.C. App.
---------------------------------------------------------------------------
OUTSIDE EARNED INCOME
36.1 For purposes of this rule, the provisions of section 501
of the Ethics in Government Act of 1978 (5 U.S.C. App.
Sec. 501) shall be deemed to be a rule of the Senate as it
pertains to Members, officers, and employees of the Senate.
37 RULE XXXVII
CONFLICT OF INTEREST
37.1 1. A Member, officer, or employee of the Senate shall
not receive any compensation, nor shall he permit any
compensation to accrue to his beneficial interest from any
source, the receipt or accrual of which would occur by
virtue of influence improperly exerted from his position as
a Member, officer, or employee.
37.2 2. No Member, officer, or employee shall engage in any
outside business or professional activity or employment for
compensation which is inconsistent or in conflict with the
conscientious performance of official duties.
37.3 3. No officer or employee shall engage in any outside
business or professional activity or employment for
compensation unless he has reported in writing when such
activity or employment commences and on May 15 of each year
thereafter so long as such activity or employment continues,
the nature of such activity or employment to his supervisor.
The supervisor shall then, in the discharge of his duties,
take such action as he considers necessary for the avoidance
of conflict of interest or interference with duties to the
Senate.
37.4 4. No Member, officer, or employee shall knowingly use
his official position to introduce or aid the progress or
passage of legislation, a principal purpose of which is to
further only his pecuniary interest, only the pecuniary
interest of his immediate family, or only the pecuniary
interest of a limited class of persons or enterprises, when
he, or his immediate family, or enterprises controlled by
them, are members of the affected class.
37.5a 5. (a)\69\ No Member, officer, or employee of the Senate
compensated at a rate in excess of $25,000 per annum and
employed for more than ninety days in a calendar year shall
(1) affiliate with a firm, partnership, association, or
corporation for the purpose of providing professional
services for compensation; (2) permit that individual's name
to be used by such a firm, partnership, association or
corporation; or (3) practice a profession for compensation
to any extent during regular office hours of the Senate
office in which employed. For the purposes of this
paragraph, ``professional services'' shall include but not
be limited to those which involve a fiduciary relationship.
---------------------------------------------------------------------------
\69\Pursuant to S. Res. 192, 102-1, Oct. 31, 1991,
effective Aug. 14, 1991, paragraph 5 renumbered 5(a) and
subparagraph (b) added.
---------------------------------------------------------------------------
37.5b (b) A Member or an officer or employee whose rate of
basic pay is equal to or greater than 120 percent of the
annual rate of basic pay in effect for grade GS-15 of the
General Schedule shall not--
(1) receive compensation for affiliating with or
being employed by a firm, partnership, association,
corporation, or other entity which provides
professional services involving a fiduciary
relationship;
(2) permit that Member's, officer's, or
employee's name to be used by any such firm,
partnership, association, corporation, or other
entity;
(3) receive compensation for practicing a
profession which involves a fiduciary relationship;
or
(4) receive compensation for teaching, without
the prior notification and approval of the
Select\70\ Committee on Ethics.
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\70\Added pursuant to S. Res. 299, 106-2, Apr. 27, 2000.
---------------------------------------------------------------------------
37.6a 6. (a)\71\ No Member, officer, or employee of the Senate
compensated at a rate in excess of $25,000 per annum and
employed for more than ninety days in a calendar year shall
serve as an officer or member of the board of any publicly
held or publicly regulated corporation, financial
institution, or business entity. The preceding sentence
shall not apply to service of a Member, officer, or employee
as--
---------------------------------------------------------------------------
\71\Pursuant to S. Res. 192, 102-1, Oct. 31, 1991,
effective Aug. 14, 1991, paragraph 6 renumbered 6(a) and
subparagraph (b) added.
---------------------------------------------------------------------------
(1) an officer or member of the board of an
organization which is exempt from taxation under
section 501(c) of the Internal Revenue Code of 1954,
if such service is performed without compensation;
(2) an officer or member of the board of an
institution or organization which is principally
available to Members, officers, or employees of the
Senate, or their families, if such service is
performed without compensation; or
(3) a member of the board of a corporation,
institution, or other business entity, if (A) the
Member, officer, or employee had served continuously
as a member of the board thereof for at least two
years prior to his election or appointment as a
Member, officer, or employee of the Senate, (B) the
amount of time required to perform such service is
minimal, and (C) the Member, officer, or employee is
not a member of, or a member of the staff of any
Senate committee which has legislative jurisdiction
over any agency of the Government charged with
regulating the activities of the corporation,
institution, or other business entity.
37.6b (b) A Member or an officer or employee whose rate of
basic pay is equal to or greater than 120 percent of the
annual rate of basic pay in effect for grade GS-15 of the
General Schedule shall not serve for compensation as an
officer or member of the board of any association,
corporation, or other entity.
37.7 7. An employee on the staff of a committee who is
compensated at a rate in excess of $25,000 per annum and
employed for more than ninety days in a calendar year shall
divest himself of any substantial holdings which may be
directly affected by the actions of the committee for which
he works, unless the Select Committee, after consultation
with the employee's supervisor, grants permission in writing
to retain such holdings or the employee makes other
arrangements acceptable to the Select Committee and the
employee's supervisor to avoid participation in committee
actions where there is a conflict of interest, or the
appearance thereof.
37.8 8.\72\ If a Member, upon leaving office, becomes a
registered lobbyist under the Federal Regulation of Lobbying
Act of 1946 or any successor statute, or is employed or
retained by such a registered lobbyist or an entity that
employs or retains a registered lobbyist for the purpose of
influencing legislation, he shall not lobby Members,
officers, or employees of the Senate for a period of two
years after leaving office.
---------------------------------------------------------------------------
\72\Paragraphs 8 and 9 amended pursuant to Pub. L. 110-
81, Sep. 14, 2007.
---------------------------------------------------------------------------
37.9a 9. (a) If an employee on the staff of a Member, upon
leaving that position, becomes a registered lobbyist under
the Federal Regulation of Lobbying Act of 1946 or any
successor statute, or is employed or retained by such a
registered lobbyist or an entity that employs or retains a
registered lobbyist for the purpose of influencing
legislation, such employee may not lobby the Member for whom
he worked or that Member's staff for a period of one year
after leaving that position.
37.9b (b) If an employee on the staff of a committee, upon
leaving his position, becomes such a registered lobbyist or
is employed or retained by such a registered lobbyist or an
entity that employs or retains a registered lobbyist for the
purpose of influencing legislation, such employee may not
lobby the members of the committee for which he worked, or
the staff of that committee, for a period of one year after
leaving his position.
37.9c (c)\73\ If an officer of the Senate or an employee on
the staff of a Member or on the staff of a committee whose
rate of pay is equal to or greater than 75 percent of the
rate of pay of a Member and employed at such rate for more
than 60 days in a calendar year, upon leaving that position,
becomes a registered lobbyist, or is employed or retained by
such a registered lobbyist or an entity that employs or
retains a registered lobbyist for the purpose of influencing
legislation, such employee may not lobby any Member,
officer, or employee of the Senate for a period of 1 year
after leaving that position.
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\73\(Note: paragraph 9(c) shall apply to individuals who
leave the office or employment to which such paragraph
applies on or after the date of adjournment of the 1st
session of the 110th Congress sine die or Dec. 31, 2007,
whichever date is earlier.)
---------------------------------------------------------------------------
37.10 10. \74\Paragraphs 8 and 9 shall not apply to contacts
with the staff of the Secretary of the Senate regarding
compliance with the lobbying disclosure requirements of the
Lobbying Disclosure Act of 1995.
---------------------------------------------------------------------------
\74\Paragraphs 10 and 11 added pursuant to Pub. L. 110-
81, Sep. 14, 2007.
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37.11a 11. (a) If a Member's spouse or immediate family member
is a registered lobbyist, or is employed or retained by such
a registered lobbyist or an entity that hires or retains a
registered lobbyist for the purpose of influencing
legislation, the Member shall prohibit all staff employed or
supervised by that Member (including staff in personal,
committee, and leadership offices) from having any contact
with the Member's spouse or immediate family member that
constitutes a lobbying contact as defined by section 3 of
the Lobbying Disclosure Act of 1995 by such person.
37.11b (b) Members and employees on the staff of a Member
(including staff in personal, committee, and leadership
offices) shall be prohibited from having any contact that
constitutes a lobbying contact as defined by section 3 of
the Lobbying Disclosure Act of 1995 by any spouse of a
Member who is a registered lobbyist, or is employed or
retained by such a registered lobbyist.
37.11c (c) The prohibition in subparagraph (b) shall not apply
to the spouse of a Member who was serving as a registered
lobbyist at least 1 year prior to the most recent election
of that Member to office or at least 1 year prior to his or
her marriage to that Member.
37.12a 12. (a)\75\ Except as provided by subparagraph (b), any
employee of the Senate who is required to file a report
pursuant to rule XXXIV 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.
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\75\Pursuant to S. Res. 236, 101-2, Jan. 30, 1990,
paragraphs 10 and 11 were renumbered as 11 and 12
respectively and paragraph 10 was added. Paragraph
renumbered pursuant to Pub. L. 110-81, Sep. 14, 2007.
---------------------------------------------------------------------------
37.12b (b) Subparagraph (a) shall not apply if an employee
first advises his supervising authority of his significant
financial interest and obtains from his employing authority
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.
37.13 13.\76\ For purposes of this rule--
---------------------------------------------------------------------------
\76\Paragraph 13 renumbered pursuant to Pub. L. 110-81,
Sep. 14, 2007.
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37.13a
(a) ``employee of the Senate'' includes an
employee or individual described in paragraphs 2, 3,
and 4(c) of rule XLI;
37.13b
(b) an individual who is an employee on the
staff of a subcommittee of a committee shall be
treated as an employee on the staff of such
committee; and
37.13c
(c) the term ``lobbying'' means any oral or
written communication to influence the content or
disposition of any issue before Congress, including
any pending or future bill, resolution, treaty,
nomination, hearing, report, or investigation; but
does not include--
(1) a communication (i) made in the form
of testimony given before a committee or
office of the Congress, or (ii) submitted
for inclusion in the public record, public
docket, or public file of a hearing; or
(2) a communication by an individual,
acting solely on his own behalf, for redress
of personal grievances, or to express his
personal opinion.
37.14a 14.\77\(a) A Member shall not negotiate or have any
arrangement concerning prospective private employment until
after his or her successor has been elected, unless such
Member files a signed statement with the Secretary of the
Senate, for public disclosure, regarding such negotiations
or arrangements not later than 3 business days after the
commencement of such negotiation or arrangement, including
the name of the private entity or entities involved in such
negotiations or arrangements, and the date such negotiations
or arrangements commenced.
---------------------------------------------------------------------------
\77\Paragraph 14 added pursuant to Pub. L. 110-81, Sep.
14, 2007.
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37.14b (b) A Member shall not negotiate or have any arrangement
concerning prospective employment for a job involving
lobbying activities as defined by the Lobbying Disclosure
Act of 1995 until after his or her successor has been
elected.
37.14c (c)(1) An employee of the Senate earning in excess of 75
percent of the salary paid to a Senator shall notify the
Select Committee on Ethics that he or she is negotiating or
has any arrangement concerning prospective private
employment.
(2) The notification under this subparagraph shall be
made not later than 3 business days after the commencement
of such negotiation or arrangement.
(3) An employee to whom this subparagraph applies
shall--
(A) recuse himself or herself from--
(i) any contact or communication with
the prospective employer on issues of
legislative interest to the prospective
employer; and
(ii) any legislative matter in which
there is a conflict of interest or an
appearance of a conflict for that employee
under this subparagraph; and
(B) notify the Select Committee on Ethics of
such recusal.
37.15 15.\78\ For purposes of this rule--
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\78\Paragraph 15 renumbered pursuant to Pub. L. 110-81,
Sep. 14, 2007.
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37.15a
(a) a Senator or the Vice President is the
supervisor of his administrative, clerical, or other
assistants;
37.15b
(b) a Senator who is the chairman of a committee
is the supervisor of the professional, clerical, or
other assistants to the committee except that
minority staff members shall be under the
supervision of the ranking minority Senator on the
committee;
37.15c
(c) a Senator who is a chairman of a
subcommittee which has its own staff and financial
authorization is the supervisor of the professional,
clerical, or other assistants to the subcommittee
except that minority staff members shall be under
the supervision of the ranking minority Senator on
the subcommittee;
37.15d
(d) the President pro tempore is the supervisor
of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper, the Chaplain, the Legislative Counsel,
and the employees of the Office of the Legislative
Counsel;
37.15e
(e) the Secretary of the Senate is the
supervisor of the employees of his office;
37.15f
(f) the Sergeant at Arms and Doorkeeper is the
supervisor of the employees of his office;
37.15g
(g) the Majority and Minority Leaders and the
Majority and Minority Whips are the supervisors of
the research, clerical, or other assistants assigned
to their respective offices;
37.15h
(h) the Majority Leader is the supervisor of the
Secretary for the Majority and the Secretary for the
Majority is the supervisor of the employees of his
office; and
37.15i
(i) the Minority Leader is the supervisor of the
Secretary for the Minority and the Secretary for the
Minority is the supervisor of the employees of his
office.
38 RULE XXXVIII
PROHIBITION OF UNOFFICIAL OFFICE ACCOUNTS
38.1a 1. (a)\79\ No Member may maintain or have maintained for
his use an unofficial office account. The term ``unofficial
office account'' means an account or repository into which
funds are received for the purpose, at least in part, of
defraying otherwise unreimbursed expenses allowable in
connection with the operation of a Member's office. An
unofficial office account does not include, and expenses
incurred by a Member in connection with his official duties
shall be defrayed only from--
---------------------------------------------------------------------------
\79\Pursuant to S. Res. 192, 102-1, Oct. 31, 1991,
paragraph 1 was renumbered 1(a) and subparagraph (b) was
added. Effective date revised to May 1, 1992, by a provision
of Pub. L. 102-229, Dec. 12, 1991. Provisions of 2 U.S.C.
431 are contained in the Senate Manual at Sec. 383.
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(1) personal funds of the Member;
(2) official funds specifically appropriated for
that purpose;
(3) funds derived from a political committee (as
defined in section 301(d) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431)); and
(4) funds received as reasonable reimbursements
for expenses incurred by a Member in connection with
personal services provided by the Member to the
organization making the reimbursement.
38.1b (b) Notwithstanding subparagraph (a), official expenses
may be defrayed only as provided by subsections (d) and (i)
of section 311 of the Legislative Appropriations Act, 1991
(Public Law 101-520).\80\
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\80\Section 311(d) of the Legislative Branch
Appropriations Act, 1991 (2 U.S.C. 59e(d)) was amended by
the Legislative Appropriations Act, 2002 (Pub. Law 107-68).
2 U.S.C. 59e--Senate Manual Sec. 503.
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38.1c (c)\81\ For purposes of reimbursement under this rule,
fair market value of a flight on an aircraft shall be
determined as provided in paragraph 1(c)(1)(C) of rule XXXV.
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\81\Subparagraph (c) added pursuant to Pub. L. 110-81,
Sep. 14, 2007.
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38.2
2. No contribution (as defined in section 301(e) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431)) shall
be converted to the personal use of any Member or any former
Member. For the purposes of this rule ``personal use'' does
not include reimbursement of expenses incurred by a Member
in connection with his official duties.
39 RULE XXXIX
FOREIGN TRAVEL
39.1a 1. (a) Unless authorized by the Senate (or by the
President of the United States after an adjournment sine
die), no funds from the United States Government (including
foreign currencies made available under section 502(b) of
the Mutual Security Act of 1954 (22 U.S.C. 1754(b)) shall be
received for the purpose of travel outside the United States
by any Member of the Senate whose term will expire at the
end of a Congress after--
(1) the date of the general election in which
his successor is elected; or
(2) in the case of a Member who is not a
candidate in such general election, the earlier of
the date of such general election or the adjournment
sine die of the second regular session of that
Congress.
39.1b (b)\82\ The travel restrictions provided by subparagraph
(a) with respect to a Member of the Senate whose term will
expire at the end of a Congress shall apply to travel by--
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\82\Pursuant to S. Res. 80, 100-1, Jan. 28, 1987,
paragraph 1 was renumbered as 1 (a) and subparagraph (b) was
added.
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(1) any employee of the Member;
(2) any elected officer of the Senate whose
employment will terminate at the end of a Congress;
and
(3) any employee of a committee whose employment
will terminate at the end of a Congress.
39.2 2. No Member, officer, or employee engaged in foreign
travel may claim payment or accept funds from the United
States Government (including foreign currencies made
available under section 502(b) of the Mutual Security Act of
1954 (22 U.S.C. 1754(b)) for any expense for which the
individual has received reimbursement from any other source;
nor may such Member, officer, or employee receive
reimbursement for the same expense more than once from the
United States Government. No Member, officer, or employee
shall use any funds furnished to him to defray ordinary and
necessary expenses of foreign travel for any purpose other
than the purpose or purposes for which such funds were
furnished.
39.3 3. A per diem allowance provided a Member, officer, or
employee in connection with foreign travel shall be used
solely for lodging, food, and related expenses and it is the
responsibility of the Member, officer, or employee receiving
such an allowance to return to the United States Government
that portion of the allowance received which is not actually
used for necessary lodging, food, and related expenses.
40 RULE XL
FRANKING PRIVILEGE AND RADIO AND TELEVISION STUDIOS\83\
---------------------------------------------------------------------------
\83\Section 3210 of Title 39, U.S.C., contains statutory
provisions are parallel to certain provisions of rule XL
relating to the franking privilege. See Senate Manual Sec.
1481.
---------------------------------------------------------------------------
40.1 1. A Senator or an individual who is a candidate for
nomination for election, or election, to the Senate may not
use the frank for any mass mailing (as defined in section
3210(a)(6)(E)\84\ of Title 39, United States Code) if such
mass mailing is mailed at or delivered to any postal
facility less than 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 or the individual is a candidate for Senator, unless
the candidacy of the Senator in such election is
uncontested.\85\
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\84\Citation corrected by S. Res. 187, 101-1, Oct. 2,
1989, pursuant to Pub. L. 97-69, Oct. 26, 1981.
\85\As amended, S. Res. 224, 103-2, June 21, 1994.
40.2 2. A Senator shall use only official funds of the
Senate, including his official Senate allowances, to
purchase paper, to print, or to prepare any mass mailing
material which is to be sent out under the frank.
40.3a 3. (a) When a Senator disseminates information under the
frank by a mass mailing (as defined in section 3210(a)(6)(E)
of Title 39, United States Code), the Senator shall register
quarterly\86\ 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.
---------------------------------------------------------------------------
\86\Pursuant to Pub. L. 101-520, Nov. 5, 1990, 2 U.S.C.
59g, See Senate Manual Sec. 505.
---------------------------------------------------------------------------
40.3b (b) The Secretary of the Senate shall promptly make
available for public inspection and copying a copy of the
mail matter registered, and a description of the group or
groups of persons to whom the mass mailing was mailed.
40.4 4. Nothing in this rule shall apply to any mailing under
the frank which is (a) in direct response to inquiries or
requests from persons to whom the matter is mailed; (b)
addressed to colleagues in Congress or to government
officials (whether Federal, State, or local); or (c)
consists entirely of news releases to the communications
media.
40.5 5. The Senate computer facilities shall not be used (a)
to store, maintain, or otherwise process any lists or
categories of lists of names and addresses identifying the
individuals included in such lists as campaign workers or
contributors, as members of a political party, or by any
other partisan political designation, (b) to produce
computer printouts except as authorized by user guides
approved by the Committee on Rules and Administration, or
(c) to produce mailing labels for mass mailings, or computer
tapes and discs, for use other than in service facilities
maintained and operated by the Senate or under contract to
the Senate. The Committee on Rules and Administration shall
prescribe such regulations not inconsistent with the
purposes of this paragraph as it determines necessary to
carry out such purposes.
40.6a 6. (a) The radio and television studios provided by the
Senate or by the House of Representatives may not be used by
a Senator or an individual who is a candidate for nomination
for election, or election, to the Senate less than sixty
days immediately before the date of any primary or general
election (whether regular, special, or runoff) in which that
Senator is a candidate for public office or that individual
is a candidate for Senator, unless the candidacy of the
Senator in such election is uncontested.\87\
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\87\As amended, S. Res. 224, 103-2, June 21, 1994.
40.6b (b) This paragraph shall not apply if the facilities are
to be used at the request of, and at the expense of, a
licensed broadcast organization or an organization exempt
from taxation under section 501(c)(3) of the Internal
Revenue Code of 1954.
41 RULE XLI
POLITICAL FUND ACTIVITY; DEFINITIONS
41.1 1. No officer or employee of the Senate may receive,
solicit, be a custodian of, or distribute any funds in
connection with any campaign for the nomination for
election, or the election, of any individual to be a Member
of the Senate or to any other Federal office. This
prohibition does not apply to three\88\ assistants to a
Senator, at least one of whom is in Washington, District of
Columbia, who have been designated by that Senator to
perform any of the functions described in the first sentence
of this paragraph and who are compensated at an annual rate
in excess of $10,000 if such designation has been made in
writing and filed with the Secretary of the Senate and if
each such assistant files a financial statement in the form
provided under rule XXXIV for each year during which he is
designated under this rule. The Majority Leader and the
Minority Leader may each designate an employee of their
respective leadership office staff as one of the 3 designees
referred to in the second sentence.\89\ The Secretary of the
Senate shall make the designation available for public
inspection.
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\88\As amended by S. Res. 258, 100-1, Oct. 1, 1987.
\89\Pursuant to S. Res. 236, 101-2, Jan. 30, 1990.
41.2 2. For purposes of the Senate Code of Official Conduct--
41.2a
(a) an employee of the Senate includes any
employee whose salary is disbursed by the Secretary
of the Senate; and
41.2b
(b) the compensation of an officer or employee
of the Senate who is a reemployed annuitant shall
include amounts received by such officer or employee
as an annuity, and such amounts shall be treated as
disbursed by the Secretary of the Senate.
41.3 3. Before approving the utilization by any committee of
the Senate of the services of an officer or employee of the
Government in accordance with paragraph 4\90\ of rule XXVII
or with an authorization provided by Senate resolution, the
Committee on Rules and Administration shall require such
officer or employee to agree in writing to comply with the
Senate Code of Official Conduct in the same manner and to
the same extent as an employee of the Senate. Any such
officer or employee shall, for purposes of such Code, be
treated as an employee of the Senate receiving compensation
disbursed by the Secretary of the Senate in an amount equal
to the amount of compensation he is receiving as an officer
or employee of the Government.
---------------------------------------------------------------------------
\90\Reference corrected by S. Res. 192, 102-1, Oct. 31,
1991.
41.4 4. No Member, officer, or employee of the Senate shall
utilize the full-time services of an individual for more
than ninety days in a calendar year in the conduct of
official duties of any committee or office of the Senate
(including a Member's office) unless such individual--
41.4a
(a) is an officer or employee of the Senate,
41.4b
(b) is an officer or employee of the Government
(other than the Senate), or
41.4c
(c) agrees in writing to comply with the Senate
Code of Official Conduct in the same manner and to
the same extent as an employee of the Senate.
Any individual to whom subparagraph (c) applies shall, for
purposes of such Code, be treated as an employee of the
Senate receiving compensation disbursed by the Secretary of
the Senate in an amount equal to the amount of compensation
which such individual is receiving from any source for
performing such services.
41.5 5. In exceptional circumstances for good cause shown,
the Select Committee on Ethics may waive the applicability
of any provision of the Senate Code of Official Conduct to
an employee hired on a per diem basis.
41.6a 6. (a) The supervisor of an individual who performs
services for any Member, committee, or office of the Senate
for a period in excess of four weeks and who receives
compensation therefor from any source other than the United
States Government shall report to the Select Committee on
Ethics with respect to the utilization of the services of
such individual.
41.6b (b) A report under subparagraph (a) shall be made with
respect to an individual--
(1) when such individual begins performing
services described in such subparagraph;
(2) at the close of each calendar quarter while
such individual is performing such services; and
(3) when such individual ceases to perform such
services. Each such report shall include the
identity of the source of the compensation received
by such individual and the amount or rate of
compensation paid by such source.
41.6c (c) No report shall be required under subparagraph (a)
with respect to an individual who normally performs services
for a Member, committee, or office for less than eight hours
a week.
41.6d (d) For purposes of this paragraph, the supervisor of an
individual shall be determined under paragraph 12 of rule
XXXVII.\91\
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\91\Redesignated pursuant to S. Res. 236, 101-2, Jan.
30, 1990 and S. Res. 299, 106-2, Apr. 27, 2000.
42 RULE XLII
EMPLOYMENT PRACTICES
42.1 1. No Member, officer, or employee of the Senate shall,
with respect to employment by the Senate or any office
thereof--
42.1a
(a) fail or refuse to hire an individual;
42.1b
(b) discharge an individual; or
42.1c
(c) otherwise discriminate against an individual
with respect to promotion, compensation, or terms,
conditions, or privileges of employment
on the basis of such individual's race, color, religion,
sex, national origin, age, or state of physical handicap.
42.2 2.\92\ For purposes of this rule, the provisions of
section 509(a) of the Americans With Disabilities Act of
1990 shall be deemed to be a rule of the Senate as it
pertains to Members, officers, and employees of the Senate.
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\92\Added by S. Res. 192, 102-1, Oct. 31, 1991,
effective July 26, 1990. ADA was subsequently amended by the
Government Employee Rights Act of 1991 (Title 3, Civil
Rights Act of 1991, Pub. L. 102-166, codified at 2 U.S.C.
1301 et seq.). See Senate Manual Secs. 546, 547.
43 RULE XLIII
REPRESENTATION BY MEMBERS\93\
---------------------------------------------------------------------------
\93\Rule established by S. Res. 273, 102-2, July 2,
1992.
---------------------------------------------------------------------------
43.1 1. In responding to petitions for assistance, a Member
of the Senate, acting directly or through employees, has the
right to assist petitioners before executive and independent
government officials and agencies.
43.2 2. At the request of a petitioner, a Member of the
Senate, or a Senate employee, may communicate with an
executive or independent government official or agency on
any matter to--
43.2a
(a) request information or a status report;
43.2b
(b) urge prompt consideration;
43.2c
(c) arrange for interviews or appointments;
43.2d
(d) express judgments;
43.2e
(e) call for reconsideration of an
administrative response which the Member believes is
not reasonably supported by statutes, regulations or
considerations of equity or public policy; or
43.2f
(f) perform any other service of a similar
nature consistent with the provisions of this rule.
43.3 3. The decision to provide assistance to petitioners may
not be made on the basis of contributions or services, or
promises of contributions or services, to the Member's
political campaigns or to other organizations in which the
Member has a political, personal, or financial interest.
43.4 4. A Member shall make a reasonable effort to assure
that representations made in the Member's name by any Senate
employee are accurate and conform to the Member's
instructions and to this rule.
43.5 5. Nothing in this rule shall be construed to limit the
authority of Members, and Senate employees, to perform
legislative, including committee, responsibilities.
43.6 6.\94\ No Member, with the intent to influence solely on
the basis of partisan political affiliation an employment
decision or employment practice of any private entity,
shall--
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\94\Paragraph 6 added pursuant to Pub. L. 110-81, Sep.
14, 2007.
---------------------------------------------------------------------------
43.6a
(a) take or withhold, or offer or threaten to
take or withhold, an official act; or
43.6b
(b) influence, or offer or threaten to influence
the official act of another.
44 RULE XLIV\95\
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\95\Rule XLIV added pursuant to Pub. L. 110-81, Sep. 14,
2007.
---------------------------------------------------------------------------
CONGRESSIONALLY DIRECTED SPENDING AND RELATED ITEMS
44.1a 1. (a) It shall not be in order to vote on a motion to
proceed to consider a bill or joint resolution reported by
any committee unless the chairman of the committee of
jurisdiction or the Majority Leader or his or her designee
certifies--
(1) that each congressionally directed spending item,
limited tax benefit, and limited tariff benefit, if any, in
the bill or joint resolution, or in the committee report
accompanying the bill or joint resolution, has been
identified through lists, charts, or other similar means
including the name of each Senator who submitted a request
to the committee for each item so identified; and
(2) that the information in clause (1) has been
available on a publicly accessible congressional website in
a searchable format at least 48 hours before such vote.
44.1b (b) If a point of order is sustained under this
paragraph, the motion to proceed shall be suspended until
the sponsor of the motion or his or her designee has
requested resumption and compliance with this paragraph has
been achieved.
44.2a 2. (a) It shall not be in order to vote on a motion to
proceed to consider a Senate bill or joint resolution not
reported by committee unless the chairman of the committee
of jurisdiction or the Majority Leader or his or her
designee certifies--
(1) that each congressionally directed spending
item, limited tax benefit, and limited tariff
benefit, if any, in the bill or joint resolution,
has been identified through lists, charts, or other
similar means, including the name of each Senator
who submitted a request to the sponsor of the bill
or joint resolution for each item so identified; and
(2) that the information in clause (1) has been
available on a publicly accessible congressional
website in a searchable format at least 48 hours
before such vote.
44.2b (b) If a point of order is sustained under this
paragraph, the motion to proceed shall be suspended until
the sponsor of the motion or his or her designee has
requested resumption and compliance with this paragraph has
been achieved.
44.3a 3. (a) It shall not be in order to vote on the adoption
of a report of a committee of conference unless the chairman
of the committee of jurisdiction or the Majority Leader or
his or her designee certifies--
(1) that each congressionally directed spending
item, limited tax benefit, and limited tariff
benefit, if any, in the conference report, or in the
joint statement of managers accompanying the
conference report, has been identified through
lists, charts, or other means, including the name of
each Senator who submitted a request to the
committee of jurisdiction for each item so
identified; and
(2) that the information in clause (1) has been
available on a publicly accessible congressional
website at least 48 hours before such vote.
44.3b (b) If a point of order is sustained under this
paragraph, then the conference report shall be set aside.
44.4a 4. (a) If during consideration of a bill or joint
resolution, a Senator proposes an amendment containing a
congressionally directed spending item, limited tax benefit,
or limited tariff benefit which was not included in the bill
or joint resolution as placed on the calendar or as reported
by any committee, in a committee report on such bill or
joint resolution, or a committee report of the Senate on a
companion measure, then as soon as practicable, the Senator
shall ensure that a list of such items (and the name of any
Senator who submitted a request to the Senator for each
respective item included in the list) is printed in the
Congressional Record.
44.4b (b) If a committee reports a bill or joint resolution
that includes congressionally directed spending items,
limited tax benefits, or limited tariff benefits in the bill
or joint resolution, or in the committee report accompanying
the bill or joint resolution, the committee shall as soon as
practicable identify on a publicly accessible congressional
website each such item through lists, charts, or other
similar means, including the name of each Senator who
submitted a request to the committee for each item so
identified. Availability on the Internet of a committee
report that contains the information described in this
subparagraph shall satisfy the requirements of this
subparagraph.
44.4c (c) To the extent technically feasible, information made
available on publicly accessible congressional websites
under paragraphs 3 and 4 shall be provided in a searchable
format.
44.5 5. For the purpose of this rule--
44.5a
(a) the term ``congressionally directed spending
item'' means a provision or report language included
primarily at the request of a Senator providing,
authorizing, or recommending a specific amount of
discretionary budget authority, credit authority, or
other spending authority for a contract, loan, loan
guarantee, grant, loan authority, or other
expenditure with or to an entity, or targeted to a
specific State, locality or Congressional district,
other than through a statutory or administrative
formula-driven or competitive award process;
44.5b
(b) the term ``limited tax benefit'' means--
(1) any revenue provision that--
(A) provides a Federal tax deduction,
credit, exclusion, or preference to a
particular beneficiary or limited group of
beneficiaries under the Internal Revenue
Code of 1986; and
(B) contains eligibility criteria that
are not uniform in application with respect
to potential beneficiaries of such
provision;
44.5c
(c) the term ``limited tariff benefit'' means a
provision modifying the Harmonized Tariff Schedule
of the United States in a manner that benefits 10 or
fewer entities; and
44.5d
(d) except as used in subparagraph 8(e), the
term ``item'' when not preceded by ``congressionally
directed spending'' means any provision that is a
congressionally directed spending item, a limited
tax benefit, or a limited tariff benefit.
44.6a 6. (a) A Senator who requests a congressionally directed
spending item, a limited tax benefit, or a limited tariff
benefit in any bill or joint resolution (or an accompanying
report) or in any conference report (or an accompanying
joint statement of managers) shall provide a written
statement to the chairman and ranking member of the
committee of jurisdiction, including--
(1) the name of the Senator;
(2) in the case of a congressionally directed
spending item, the name and location of the intended
recipient or, if there is no specifically intended
recipient, the intended location of the activity;
(3) in the case of a limited tax or tariff
benefit, identification of the individual or
entities reasonably anticipated to benefit, to the
extent known to the Senator;
(4) the purpose of such congressionally directed
spending item or limited tax or tariff benefit; and
(5) a certification that neither the Senator nor
the Senator's immediate family has a pecuniary
interest in the item, consistent with the
requirements of paragraph 9.
44.6b (b) With respect to each item included in a Senate bill
or joint resolution (or accompanying report) reported by
committee or considered by the Senate, or included in a
conference report (or joint statement of managers
accompanying the conference report) considered by the
Senate, each committee of jurisdiction shall make available
for public inspection on the Internet the certifications
under subparagraph (a)(5) as soon as practicable.
44.7 7. In the case of a bill, joint resolution, or
conference report that contains congressionally directed
spending items in any classified portion of a report
accompanying the measure, the committee of jurisdiction
shall, to the greatest extent practicable, consistent with
the need to protect national security (including
intelligence sources and methods), include on the list
required by paragraph 1, 2, or 3 as the case may be, a
general program description in unclassified language,
funding level, and the name of the sponsor of that
congressionally directed spending item.
44.8a 8. (a) A Senator may raise a point of order against one
or more provisions of a conference report if they constitute
new directed spending provisions. 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.
44.8b (b) If the Presiding Officer sustains the point of order
as to any of the provisions against which the Senator raised
the point of order, then those provisions against which the
Presiding Officer sustains the point of order shall be
stricken. After all other points of order under this
paragraph have been disposed of--
(1) the Senate shall proceed to consider the
question of whether the Senate should recede from
its amendment to the House bill, or its disagreement
to the amendment of the House, and concur with a
further amendment, which further amendment shall
consist of only that portion of the conference
report that has not been stricken; and
(2) the question in clause (1) shall be decided
under the same debate limitation as the conference
report and no further amendment shall be in order.
44.8c (c) Any Senator may move to waive any or all points of
order under this paragraph with respect to the pending
conference report by an affirmative vote of three-fifths of
the Members, duly chosen and sworn. All motions to waive
under this paragraph shall be debatable collectively for not
to exceed 1 hour equally divided between the Majority Leader
and the Minority Leader or their designees. A motion to
waive all points of order under this paragraph shall not be
amendable.
44.8d (d) All appeals from rulings of the Chair under this
paragraph shall be debatable collectively for not to exceed
1 hour, equally divided between the Majority and the
Minority Leader or their designees. 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 under this paragraph.
44.8e (e) The term ``new directed spending provision'' as used
in this paragraph means any item that consists of a specific
provision containing a specific level of funding for any
specific account, specific program, specific project, or
specific activity, when no specific funding was provided for
such specific account, specific program, specific project,
or specific activity in the measure originally committed to
the conferees by either House.
44.9 9. No Member, officer, or employee of the Senate shall
knowingly use his official position to introduce, request,
or otherwise aid the progress or passage of congressionally
directed spending items, limited tax benefits, or limited
tariff benefits a principal purpose of which is to further
only his pecuniary interest, only the pecuniary interest of
his immediate family, or only the pecuniary interest of a
limited class of persons or enterprises, when he or his
immediate family, or enterprises controlled by them, are
members of the affected class.
44.10 10. Any Senator may move to waive application of
paragraph 1, 2, or 3 with respect to a measure by an
affirmative vote of three-fifths of the Members, duly chosen
and sworn. A motion to waive under this paragraph with
respect to a measure shall be debatable for not to exceed 1
hour equally divided between the Majority Leader and the
Minority Leader or their designees. With respect to points
of order raised under paragraphs 1, 2, or 3, only one appeal
from a ruling of the Chair shall be in order, and debate on
such an appeal from a ruling of the Chair on such point of
order shall be limited to one hour.
44.11 11. Any Senator may move to waive all points of order
under this rule with respect to the pending measure or
motion by an affirmative vote of three-fifths of the
Members, duly chosen and sworn. All motions to waive all
points of order with respect to a measure or motion as
provided by this paragraph shall be debatable collectively
for not to exceed 1 hour equally divided between the
Majority Leader and the Minority Leader or their designees.
A motion to waive all points of order with respect to a
measure or motion as provided by this paragraph shall not be
amendable.
44.12 12. Paragraph 1, 2, or 3 of this rule may be waived by
joint agreement of the Majority Leader and the Minority
Leader of the Senate upon their certification that such
waiver is necessary as a result of a significant disruption
to Senate facilities or to the availability of the Internet.
appendix to standing rules of the senate
appendix to standing rules of the senate
[45]
____________________________________________________________
APPENDIX TO STANDING RULES OF THE SENATE
____________________________________________________________
[Note.--S. Res. 445, 108-2, a resolution to eliminate
certain restrictions on service of a Senator on the Senate
Select Committee on Intelligence, passed the Senate Oct. 9,
2004. The resolution made several changes to the
jurisdiction, treatment and name of Senate Committees.
However, the provisions of S. Res. 445 did not modify the
Standing Rules of the Senate and therefore could not be
included in this document except as an appendix. The
effective date for the provisions of the resolution was the
convening of the 109th Congress. Titles I, III and V of S.
Res. 445 are printed in this appendix.
S. Res. 28, 112-1, a resolution to establish as a
standing order of the Senate that a Senator publicly
disclose a notice of intent to objecting to any measure or
matter, passed the Senate Jan. 27, 2011. S. Res. 29, 112-1,
a resolution to permit the waiving of the reading of an
amendment if the text and adequate notice are provided,
passed the Senate Jan. 27, 2011. S. Res. 15, 113-1, a
resolution to improve procedures for the consideration of
legislation and nominations in the Senate, passed the Senate
Jan. 24, 2013. These resolutions made changes to Senate
procedure but did not modify the Standing Rules of the
Senate and therefore could not be included in this document
except as an appendix. S. Res. 28, S. Res 29 and S. Res. 15
are printed in this appendix.
S. RES. 445
To eliminate certain restrictions on service of a
Senator on the Senate Select Committee on Intelligence.
IN THE SENATE OF THE UNITED STATES
October 1, 2004
Mr. Lott submitted the following resolution; which was
referred to the Committee on Rules and Administration
October 5, 2004
Reported by Mr. Lott, without amendment
October 9, 2004
Considered, amended, and agreed to
RESOLUTION
To eliminate certain restrictions on service of a Senator on
the Senate Select Committee on Intelligence.
Resolved,
45 Sec. 100. Purpose.
It is the purpose of titles I through V of this
resolution to improve the effectiveness of the Senate Select
Committee on Intelligence, especially with regard to its
oversight of the Intelligence Community of the United States
Government, and to improve the Senate's oversight of
homeland security.
TITLE I--HOMELAND SECURITY OVERSIGHT REFORM
45.a
Sec. 101. Homeland security.
45.c (a) Committee on Homeland Security and Government
Affairs.--The Committee on Governmental Affairs is renamed
as the Committee on Homeland Security and Governmental
Affairs.
45.d (b) Jurisdiction.--There shall be referred to the
committee all proposed legislation, messages, petitions,
memorials, and other matters relating to the following
subjects:
(1) Department of Homeland Security, except
matters relating to--
(A) the Coast Guard, the Transportation
Security Administration, the Federal Law
Enforcement Training Center or the Secret
Service; and
(B)(i) the United States Citizenship and
Immigration Service; or
(ii) the immigration functions of the
United States Customs and Border Protection
or the United States Immigration and Custom
Enforcement or the Directorate of Border and
Transportation Security; and
(C) the following functions performed by
any employee of the Department of Homeland
Security--
(i) any customs revenue function
including any function provided for
in section 415 of the Homeland
Security Act of 2002 (Public Law
107-296);
(ii) any commercial function or
commercial operation of the Bureau
of Customs and Border Protection or
Bureau of Immigration and Customs
Enforcement, including matters
relating to trade facilitation and
trade regulation; or
(iii) any other function related
to clause (i) or (ii) that was
exercised by the United States
Customs Service on the day before
the effective date of the Homeland
Security Act of 2002 (Public Law
107-296).
The jurisdiction of the Committee on Homeland Security and
Governmental Affairs in this paragraph shall supersede the
jurisdiction of any other committee of the Senate provided
in the rules of the Senate: Provided, That the jurisdiction
provided under section 101(b)(1) shall not include the
National Flood Insurance Act of 1968, or functions of the
Federal Emergency Management Agency related thereto.
(2) Archives of the United States.
(3) Budget and accounting measures, other
than appropriations, except as provided in the
Congressional Budget Act of 1974.
(4) Census and collection of statistics,
including economic and social statistics.
(5) Congressional organization, except for
any part of the matter that amends the rules or
orders of the Senate.
(6) Federal Civil Service.
(7) Government information.
(8) Intergovernmental relations.
(9) Municipal affairs of the District of
Columbia, except appropriations therefor.
(10) Organization and management of United
States nuclear export policy.
(11) Organization and reorganization of the
executive branch of the Government.
(12) Postal Service.
(13) Status of officers and employees of the
United States, including their classification,
compensation, and benefits.
45.e (c) Additional Duties.--The committee shall have the
duty of--
(1) receiving and examining reports of the
Comptroller General of the United States and of
submitting such recommendations to the Senate as
it deems necessary or desirable in connection
with the subject matter of such reports;
(2) studying the efficiency, economy, and
effectiveness of all agencies and departments of
the Government;
(3) evaluating the effects of laws enacted
to reorganize the legislative and executive
branches of the Government; and
(4) studying the intergovernmental
relationships between the United States and the
States and municipalities, and between the
United States and international organizations of
which the United States is a member.
45.f (d) Jurisdiction of Budget Committee.--Notwithstanding
paragraph (b)(3) of this section, and except as otherwise
provided in the Congressional Budget Act of 1974, the
Committee on the Budget shall have exclusive jurisdiction
over measures affecting the congressional budget process,
which are--
(1) the functions, duties, and powers of the
Budget Committee;
(2) the functions, duties, and powers of the
Congressional Budget Office;
(3) the process by which Congress annually
establishes the appropriate levels of budget
authority, outlays, revenues, deficits or
surpluses, and public debt--including
subdivisions thereof--and including 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 budgetary limits and timetables;
(4) the limiting of backdoor spending
devices;
(5) the timetables for Presidential
submission of appropriations and authorization
requests;
(6) the definitions of what constitutes
impoundment--such as ``rescissions'' and
``deferrals'';
(7) the process and determination by which
impoundments must be reported to and considered
by Congress;
(8) the mechanisms to insure Executive
compliance with the provisions of the
Impoundment Control Act, title X--such as GAO
review and lawsuits; and
(9) 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.
45.g (e) OMB Nominees.--The Committee on the Budget and the
Committee on Homeland Security and Governmental Affairs
shall have joint jurisdiction over the nominations of
persons nominated by the President to fill the positions of
Director and Deputy Director for Budget within the Office of
Management and Budget, and if one committee votes to order
reported such a nomination, the other must report within 30
calendar days session, or be automatically discharged.
TITLE III--COMMITTEE STATUS
45.h
Sec. 301. Committee status.
45.i (a) Homeland Security.--The Committee on Homeland
Security and Governmental Affairs shall be treated as the
Committee on Governmental Affairs listed under paragraph 2
of rule XXV of the Standing Rules of the Senate for purposes
of the Standing Rules of the Senate.
45.j (b) Intelligence.--The Select Committee on Intelligence
shall be treated as a committee listed under paragraph 2 of
rule XXV of the Standing Rules of the Senate for purposes of
the Standing Rules of the Senate.
TITLE V--EFFECTIVE DATE
45.k
Sec. 501. Effective date.
This resolution shall take effect on the convening of
the 109th Congress.
S. RES. 28
To establish as a standing order of the Senate that a
Senator publicly disclose a notice of intent to objecting to
any measure or matter.
IN THE SENATE OF THE UNITED STATES
January 27, 2011
Mr. WYDEN (for himself, Mr. GRASSLEY, Mrs. MCCASKILL, Mr.
BROWN of Ohio, Mr. BINGAMAN, Mr. INHOFE, Mrs. MURRAY, Mrs.
SHAHEEN, Mr. UDALL of Colorado, Mr. WHITEHOUSE, Ms.
KLOBUCHAR, Ms. COLLINS, Mr. DURBIN, Mrs. GILLIBRAND, Mr.
TESTER, Mr. JOHANNS, Mr. MERKLEY, Mr. BEGICH, and Mr.
MANCHIN) submitted the following resolution; which was
considered and agreed to
RESOLUTION
To establish as a standing order of the Senate that a
Senator publicly disclose a notice of intent to objecting to
any measure or matter.
Resolved,
46
SECTION 1. ELIMINATING SECRET SENATE HOLDS.
46.a
(a) In General--
(1) COVERED REQUEST--This
standing order shall apply to a
notice of intent to object to
the following covered requests:
(A) A unanimous consent request to
proceed to a bill, resolution, joint
resolution, concurrent resolution,
conference report, or amendment between the
Houses.
(B) A unanimous consent request to
pass a bill or joint resolution or adopt a
resolution, concurrent resolution,
conference report, or the disposition of an
amendment between the Houses.
(C) A unanimous consent request for
disposition of a nomination.
(2) RECOGNITION OF NOTICE OF
INTENT--The majority and
minority leaders of the Senate
or their designees shall
recognize a notice of intent to
object to a covered request of a
Senator who is a member of their
caucus if the Senator--
(A) submits the notice of intent to
object in writing to the appropriate leader
and grants in the notice of intent to object
permission for the leader or designee to
object in the Senator's name; and
(B) not later than 2 session days
after submitting the notice of intent to
object to the appropriate leader, submits a
copy of the notice of intent to object to
the Congressional Record and to the
Legislative Clerk for inclusion in the
applicable calendar section described in
subsection (b).
(3) FORM OF NOTICE--To be
recognized by the appropriate
leader a Senator shall submit
the following notice of intent
to object:
``I, Senator XXX,
intend to object to XXX,
dated XXX. I will submit a
copy of this notice to the
Legislative Clerk and the
Congressional Record within
2 session days and I give my
permission to the objecting
Senator to object in my
name.''. The first blank
shall be filled with the
name of the Senator, the
second blank shall be filled
with the name of the covered
request, the name of the
measure or matter and, if
applicable, the calendar
number, and the third blank
shall be filled with the
date that the notice of
intent to object is
submitted.
(4) NOTICES ON THE SENATE
FLOOR--The requirement to submit
a notice of intent to object to
the Legislative Clerk and the
Congressional Record shall not
apply in the event a Senator
objects on the floor of the
Senate and states the following:
``I object to XXX, on
behalf of Senator XXX.''
46.b
(b) Calendar--
(1) OBJECTION--Upon receiving
the submission under subsection
(a)(2)(B), the Legislative Clerk
shall add the information from
the notice of intent to object
to the applicable Calendar
section entitled `Notices of
Intent to Object to Proceeding'
created by Public Law 110-81.
Each section shall include the
name of each Senator filing a
notice under subsection
(a)(2)(B), the measure or matter
covered by the calendar to which
the notice of intent to object
relates, and the date the notice
of intent to object was filed.
(2) OBJECTION ON BEHALF--In
the case of an objection made
under subsection (a)(4), not
later than 2 session days after
the objection is made on the
floor, the Legislative Clerk
shall add the information from
such objection to the applicable
Calendar section entitled
`Notices of Intent to Object to
Proceeding' created by Public
Law 110-81. Each section shall
include the name of the Senator
on whose behalf the objection
was made, the measure or matter
objected to, and the date the
objection was made on the floor.
46.c
(c) Removal--A Senator may have a notice of intent to
object relating to that Senator removed from a calendar to
which it was added under subsection (b) by submitting to the
Legislative Clerk the following notice:
``I, Senator XXX, do
not object to XXX, dated
XXX.'' The first blank shall
be filled with the name of
the Senator, the second
blank shall be filled with
the name of the covered
request, the name of the
measure or matter and, if
applicable, the calendar
number, and the third blank
shall be filled with the
date of the submission to
the Legislative Clerk under
this subsection.
46.d
(d) Objecting on Behalf of a Member--Except with respect
to objections made under subsection (a)(4), if a Senator who
has notified his or her leader of an intent to object to a
covered request fails to submit a notice of intent to object
under subsection (a)(2)(B) within 2 session days following
an objection to a covered request by the leader or his or
her designee on that Senator's behalf, the Legislative Clerk
shall list the Senator who made the objection to the covered
request in the applicable `Notice of Intent to Object to
Proceeding' calendar section.3
S. RES. 29
To permit the waiving of the reading of an amendment if
the text and adequate notice are provided.
IN THE SENATE OF THE UNITED STATES
January 27, 2011
Mr. UDALL of Colorado (for himself and Mr. MERKLEY)
submitted the following resolution; which was considered and
agreed to
RESOLUTION
To permit the waiving of the reading of an amendment if the
text and adequate notice are provided.
Resolved,
47
SECTION 1. READING OF AMENDMENTS.
47.a (a) Standing Order--This section shall be a standing
order of the Senate.
47.b (b) Waiver--The reading of an amendment may be waived by
a non-debatable motion if the amendment--
(1) has been submitted at least 72 hours
before the motion; and
(2) is available in printed or electronic
form in the Congressional Record.
S. RES. 15
To improve procedures for the consideration of
legislation and nominations in the Senate.
IN THE SENATE OF THE UNITED STATES
JANUARY 24 (legislative day, JANUARY 3), 2013
Mr. REID (for himself, Mr. LEVIN, and Mr. MCCAIN) submitted
the following resolution; which was considered and agreed to
RESOLUTION
To improve procedures for the consideration of legislation
and nominations in the Senate.
Resolved,
48
SECTION 1. CONSIDERATION OF LEGISLATION.
48.a (a) Motion to Proceed and Consideration of Amendments.--
A motion to proceed to the consideration of a measure or
matter made pursuant to this section shall be debatable for
no more than 4 hours, equally divided in the usual form. If
the motion to proceed is agreed to the following conditions
shall apply:
(1) The first amendments in order to the
measure or matter shall be one first-degree
amendment each offered by the minority, the
majority, the minority, and the majority, in
that order. If an amendment is not offered in
its designated order under this paragraph, the
right to offer that amendment is forfeited.
(2) If a cloture motion has been filed
pursuant to rule XXII of the Standing Rules of
the Senate on a measure or matter proceeded to
under this section, it shall not be in order for
the minority to propose its first amendment
unless it has been submitted to the Senate
Journal Clerk by 1:00 p.m. on the day following
the filing of that cloture motion, for the
majority to propose its first amendment unless
it has been submitted to the Senate Journal
Clerk by 3:00 p.m. on the day following the
filing of that cloture motion, for the minority
to propose its second amendment unless it has
been submitted to the Senate Journal Clerk by
5:00 p.m. on the day following the filing of
that cloture motion, or for the majority to
propose its second amendment unless it has been
submitted to the Senate Journal Clerk by 7:00
p.m. on the day following the filing of that
cloture motion. If an amendment is not timely
submitted under this paragraph, the right to
offer that amendment is forfeited.
(3) An amendment offered under paragraph (1)
shall be disposed of before the next amendment
in order under paragraph (1) may be offered.
(4) An amendment offered under paragraph (1)
is not divisible or subject to amendment while
pending.
(5) An amendment offered under paragraph
(1), if adopted, shall be considered original
text for purpose of further amendment.
(6) No points of order shall be waived by
virtue of this section.
(7) No motion to commit or recommit shall be
in order during the pendency of any amendment
offered pursuant to paragraph (1).
(8) Notwithstanding rule XXII of the
Standing Rules of the Senate, if cloture is
invoked on the measure or matter before all
amendments offered under paragraph (1) are
disposed of, any amendment in order under
paragraph (1) but not actually pending upon the
expiration of post-cloture time may be offered
and may be debated for not to exceed 1 hour,
equally divided in the usual form. Any amendment
offered under paragraph (1) that is ruled non-
germane on a point of order shall not fall upon
that ruling, but instead shall remain pending
and shall require 60 votes in the affirmative to
be agreed to.
48.b (b) Sunset.--This section shall expire on the day after
the date of the sine die adjournment of the 113th Congress.
49
SEC. 2. CONSIDERATION OF NOMINATIONS.
49.a (a) In General.--
(1) Post-Cloture Consideration.--If cloture
is invoked in accordance with rule XXII of the
Standing Rules of the Senate on a nomination
described in paragraph (2), there shall be no
more than 8 hours of post-cloture consideration
equally divided in the usual form.
(2) Nominations Covered.--A nomination
described in this paragraph is any nomination
except for the nomination of an individual--
(A) to a position at level I of the
Executive Schedule under section 5312 of
title 5, United States Code; or
(B) to serve as a judge or justice
appointed to hold office during good
behavior.
49.b (b) Special Rule for District Court Nominees.--If
cloture is invoked in accordance with rule XXII of the
Standing Rules of the Senate on a nomination of an
individual to serve as a judge of a district court of the
United States, there shall be no more than 2 hours of post-
cloture consideration equally divided in the usual form.
49.c (c) Sunset.--This section shall expire on the day after
the date of the sine die adjournment of the 113th Congress.
------------------------------------------------------------
INDEX TO STANDING RULES OF THE SENATE
------------------------------------------------------------
Senate
Manual
Section
A
Absence of:
Senators...............................................6
Vice President.........................................1
Acting President pro tempore, duties of the
Chair.......................................1.1., 1.2, 1.3
Additional numbers of documents, printing of............11.5
Additional views in committee reports.................26.10c
Adjourn, motion to............................6.4, 9.1, 22.1
Aging, Special Committee on, membership of.............25.3b
Agriculture, Nutrition, and Forestry, Committee
on...................................................25.1a
Amend, motion to........................................22.1
Amendment(s):
Committee, not within jurisdiction..................15.5
Congressionally directed spending.....................44
Division of a question..............................15.3
Not in order........................................14.7
Of the rules...........................................5
Post-cloture........................................22.2
Reduced to writing..........................15.1a, 15.1b
Tabled without prejudice to the bill..........14.8, 16.4
To appropriations bills...............................16
Treaties..............................................30
Announcement of committee hearings.....................26.4a
Appeal from ruling of the Chair.........................19.4
Appointment of:
Committees............................................24
Senator to the Chair.................................1.3
Senator, by Governor.................................2.2
Appropriations bills:
Amendments, restrictions on...........................16
New spending authority.............................25.1b
Points of order.......................................16
Private claims prohibited...........................16.5
Procedure on..........................................16
Reappropriating unexpended balances.................16.8
Reports to identify items not required to
carry out provisions of existing law..............16.7
Rescission of appropriations.......................25.1b
Appropriations, Committee on:
Excepted from certain procedures......17.4b, 26.3-26.13b
Jurisdiction of....................................25.1b
Armed Services, Committee on...........................25.1c
Assistant Secretary of the Senate, duties of the
Chair..................................................1.2
Authorization, expenditure, for committees...........26.9a-b
B
Banking, Housing, and Urban Affairs, Committee
on...................................................25.1d
Bills and resolutions:
See Amendment(s).
See Appropriations bills.
Calendar call...................................7.2, 8.1
Enrollment of.......................................14.5
Introduction of..................................7, 14.1
Motion to commit..............................14.7, 22.1
Over, under the rule................................6, 9
Pension bills................................14.9, 14.10
Preambles...........................................14.8
Printing of....................................11.4-11.6
Private bills......................................14.10
Reading of..........................................14.2
Reference to committees...........................14, 16
Reported from committees. See also Reports,
committee.....14.4, 17.4, 17.5, 26.10b, 26.10c, 26.11,
26.12
Signing enrolled bills...............................1.3
To lie over one day.................................14.6
Broadcasting of committee hearings.....................26.5c
Budget, Committee on the...............................25.1e
Excepted from certain procedures....26.4a, 26.5a, 26.8a,
26.11a
Business:
Continued from session to session.....................18
Executive or confidential.............................29
Morning business.......................................7
Order of...............................................8
Special orders...................................8.1, 10
``Byrd rule.'' See 2 U.S.C. 644. [Senate Manual
Sec. 662]
C
Calendar of bills and resolutions:
Calendar Monday......................................7.2
Calendar, call of...............................7.2, 8.1
Consideration of items on.......................7.2, 8.1
Placing of items on.................................14.4
Calendar of special orders..............................10.1
Candidates of U.S. Senate, financial disclosure
requirements. See 5 U.S.C. App. [Senate Manual
Sec. 1172]
Capitol, Senate wing, regulation of.....................33.2
Certificates of election or appointments of Senator:
Forms of.............................................2.3
Record of............................................2.2
Chair. See also Presiding Officer:
Order in the Chamber or Galleries,
enforcement.......................................19.6
Performance of duties by others.................1.2, 1.3
Rulings, appeal from................................19.4
Chairman, committee:
Appointment of........................................24
Duty to report approved measures promptly.........26.10b
Limitations on service.............................25.4e
Ranking majority member to serve in absence
of................................................26.3
Resignation of......................................24.4
Chaplain, daily prayer by..........................4.1a, 4.2
Charitable contribution in lieu of honorarium...35.3b, 35.4a
Claims, private..................................14.10, 16.5
Closed session of:
Committees.........................................26.5b
Conferences.........................................28.6
Senate..............................................21.2
Cloture procedure:
Extension of debate.................................22.2
Filing the cloture motion...........................22.2
Quorum required.....................................22.2
Reading of Journal dispensed with...................4.1b
30-hour limit.......................................22.2
Code of Official Conduct. See Senate Code of
Official Conduct.
Commencement of daily sessions.............................4
Commerce, Science, and Transportation, Committee
on...................................................25.1f
Commit, motion to.................................14.7, 22.1
Committee powers..........................................26
Committee(s), joint:
Economic...........................................25.3b
Taxation...........................................25.3c
Committee(s), select:
Ethics.............................................25.3c
Intelligence.......................................25.3b
Committee(s), special:
Aging..............................................25.3b
Committee(s), standing:
Agriculture, Nutrition, and Forestry.........25.1a, 25.2
Appropriations. See also Appropriations,
Committee on...............................25.1b, 25.2
Armed Services...............................25.1c, 25.2
Banking, Housing, and Urban Affairs..........25.1d, 25.2
Budget. See also Budget, Committee on the...25.1e, 25.3a
Commerce, Science, and Transportation........25.1f, 25.2
Energy and Natural Resources.................25.1g, 25.2
Environment and Public Works.................25.1h, 25.2
Finance......................................25.1i, 25.2
Foreign Relations............................25.1j, 25.2
Governmental Affairs.........................25.1k, 25.2
Health, Education, Labor, and Pensions.......25.1l, 25.2
Judiciary....................................25.1m, 25.2
Rules and Administration. See also Rules and
Administration, Committee on..............25.1n, 25.3a
Small Business and Entrepreneurship..........25.1o,25.3a
Veterans' Affairs...........................25.1p, 25.3a
Committee(s):
Amendments, not within jurisdiction.................15.5
Appointment of........................................24
Chairman. See Chairman, committee.
Conference, reports of................................28
Discharge, motion to...............................17.4a
Expenditure authorizations..........................26.9
Hearings. See Hearings, committee.
Investigations, authority for.......................26.1
Jurisdiction, questions of..........................17.1
Legislation jointly or sequentially referred
17.3
Legislative review by..............................26.8a
Meetings. See Meetings of committees.
Membership. See Membership of committees.
Minority staff........................27.1d, 27.2a-27.2c
Powers, continuous..................................25.1
Procedure.............................................26
Proxies, use of.....................................26.7
Quorum.............................................26.7a
Records. See Records of committees.
Reference of bills and resolutions to...14.3, 17.2, 17.3
Report on committee activities.....................26.8b
Reports. See Reports, committee.
Rules of............................................26.2
Sessions of..........................26.4, 26.5b-c, 26.6
Sitting while the Senate is in session.............26.5a
Staff.................................................27
Subcommittees, limitation on service on.....25.4b, 25.4e
Subpoena power......................................26.1
Voting..............................................26.7
Witnesses.....................................26.1, 26.4
Communications from heads of departments.................7.1
Computer facilities, restrictions on use................40.5
Conference committees, reports of:
Adding new matter............................28.2, 44.8a
Public availability................................28.9a
Striking matter committed by both Houses.........28.2a-b
Confidential business, disclosure prohibited............29.5
Confidential proceedings to be kept in separate
book..................................................4.1d
Conflict of interest:
Ethics rule........................................37.5b
Voting..............................................12.3
Congressional Record:
Committee rules of procedure to be published
in................................................26.2
Memorials and petitions, summary to be
printed in.........................................7.5
Nominations to be printed in.......................31.7b
Constituent services......................................43
Contribution (charitable) in lieu of honorarium
35.3b, 35.4a
Contribution converted to personal use
prohibited............................................38.2
Contributions, political, to nominees for U.S. Senator. See
2 U.S.C. Sec. Sec. 431-437. [Senate Manual Sec. Sec. 586-
592]
``Cordon rule'' (Rule 26, para. 12)....................26.12
Conventions, National Party............................35.1d
Credentials, presentation of...............................2
D
Daily sessions, commencement of............................4
Debate:
Close, motion to. See Cloture procedure.............22.2
Germaneness of.....................................19.1b
Procedure in..........................................19
Discharge a committee, motion to.......................17.4a
Disclosure of confidential business prohibited
29.5
Disclosure of financial interests by Senators,
officers and employees of the Senate....................34
Discrimination prohibited in employment
practices...............................................42
Division of a question..................................15.3
E
Earmarks. See Spending, ``Congessionally
Directed''..............................................44
Election of Senators, certificates..................2.2, 2.3
Employees of the Senate:
Authority of Senators and officers over
employees........................................37.12
Committee employees. See Committee(s): Staff.
Conflict of interest..................................37
Employment discrimination prohibited..................42
Employment negotiations...........................37.14c
Financial disclosure..................................34
Floor privilege.......................................23
Foreign travel..................................35.2, 39
Gifts.................................................35
Non-government employees, use of restricted
41.4b
Outside earned income.................................36
Political fund activity...............................41
Post-employment lobbying restrictions...............37.9
Representation of petitioners..................43.1-43.3
Temporary, 90-day limit.............................41.4
Energy and Natural Resources, Committee on.............25.1g
Enrollment of bills and resolutions.....................14.5
Signing of same......................................1.3
Environment and Public Works, Committee on.............25.1h
Ethics Rules. See Senate Code of Official
Conduct.................................................41
Ethics, Select Committee on, membership................25.4b
Executive sessions of the Senate..........................29
Motion to proceed to executive business.............22.1
Nominations...........................................31
President furnished with records......................32
Proceedings to be kept in separate book.............4.1d
Treaties..............................................30
Expenditure authorizations, committee...................26.9
F
Fair employment practices.................................42
Filing of committee reports...........................26.10b
Finance, Committee on..................................25.1i
Financial disclosure. See also 5 U.S.C. App.
[Senate Manual Sec. 1172]...............................34
Floor:
Privilege of..........................................23
Recognition.........................................19.1
Foreign Relations, Committee on........................25.1j
Foreign travel by Senators, officers and
employees.........................................35.2, 39
Advance authorization and disclosure..................39
Franking privilege:
See also Mass mailing.
Use of official funds...............................40.2
G
Galleries:
News media, regulation of...........................33.2
Occupants of, no Senator shall call
attention to......................................19.7
Order in, enforcement...............................19.6
Germaneness of debate..................................19.1b
Gifts to Senators, officers, employees, spouses
and dependents. See also 2 U.S.C. 31-2.
[Senate Manual Sec. 308]................................35
Governmental Affairs, Committee on.....................25.1k
H
Health, Education, Labor, and Pensions,
Committee on........................................25.1l.
Hearings, committee
Announcement of....................................26.4a
Authority for.......................................26.1
Availability........................................27.5
Broadcasting/televising of.........................26.5c
Closed.............................................26.5b
Executive decisions.................................17.5
Printing of........................................26.5c
Procedure.............................................26
Scheduling.........................................26.4a
Staff summary of witness testimony.................26.4c
Stenographic assistance for reporting of............26.1
Witnesses....................................26.1, 26.4b
House of Representatives:
Bills or messages from....................7.1, 9.2, 14.3
Concurrence required for printing additional
copies at a cost exceeding the sum
established by law..............................11.4-5
Messages to............................................9
Motion to request return of an item from.............8.2
I
Impeachment proceedings to be kept in separate
book..................................................4.1d
Indian Affairs, Committee on, membership...............25.3c
Injunction of secrecy...................................29.3
Intelligence, Select Committee on, membership..........25.3b
Investigations, committee authority for.................26.1
J
Joint Committee on Taxation, membership................25.3c
Joint Economic Committee, membership...................25.3b
Joint referral to committees of proposed
legislation...........................................17.3
Journal:
Contents of.........................................4.1c
Legislative, executive, confidential, and
impeachment proceedings to be kept in
separate books....................................4.1d
Reading of................................4.1, 9.1, 28.1
Judiciary, Committee on the............................25.1m
Jurisdiction of committees.......................25.1a-25.1p
L
Lame-duck foreign travel prohibited.......................39
Leaders, Majority and Minority:
Authority over certain employees................37.12g-i
Cloture, control of additional time.................22.2
Committee membership, temporary increases in
25.4c
Committees, permission to meet while Senate
is in session....................................26.5a
Joint referral of bills............................17.3a
2-day rule waiver...................................17.5
``Leaks.'' Disclosure of confidential business
29.3
Legislation jointly referred to committees..............17.3
Legislative proceedings to be kept in separate
book..................................................4.1d
Legislative review by standing committees:
Appropriations and Budget Committees
excepted.........................................26.7b
Due by Mar. 31 in odd years........................26.8b
Lobbying, restrictions on former Members or
employees..........................................37.8-12
M
Majority Leader. See Leaders, Majority and Minority.
Mass mailing under the frank:
Exceptions..........................................40.4
Pre-election restrictions...........................40.1
Public inspection, available for...................40.3b
Quarterly reports..................................40.3a
Registration of mass mailings with Secretary
of the Senate....................................40.3a
Meetings of committees:
See also Hearings, committee
Broadcasting or televising.........................26.5c
Closed and open sessions...........................26.5b
Order, maintenance of..............................26.5d
Permission to meet while Senate is in
session..........................................26.5a
Public announcement................................26.4a
Public availability................................26.5e
Record of (transcript or electronic)...............26.5e
Regular meeting days................................26.3
Requesting a special meeting........................26.3
Scheduling.........................................26.4a
Membership of committees...........................25.2-25.4
Appointment of........................................24
Ex officio.........................................25.4a
Limitations and exceptions in respect to............25.4
Temporary increases in (by leadership
agreement).......................................25.4c
Memorials. See Petitions or memorials
Messages from:
House of Representatives........................7.1, 9.1
President of the United States..................7.1, 9.1
Messages to:
House of Representatives.............................9.2
President of the United States.......................9.2
Minority Leader. See Leaders, Majority and Minority
Minority views in committee reports...................26.10c
Minority:
Staff of committees...................................27
Witnesses before committees.........................26.1
Morning business...........................................7
Morning hour, conclusion of.......................7.2, 8, 19
Motion to:
Adjourn.....................................6.4, 9, 22.1
Amend...............................................22.1
Amend or correct the Journal.........................4.1
Amend the part to be stricken.......................15.3
Change order of special orders......................10.2
Close debate. See also Cloture procedure............22.2
Commit a bill or resolution...................14.7, 22.1
Compel the presence of absent Senators...............6.4
Continue consideration of a subject..................7.2
Discharge a committee from consideration of
a matter.........................................17.4a
Extend post-cloture debate..........................22.2
Lay before the Senate bills or other matters
from the President or the House....................7.3
Lay on the table....................................22.1
Postpone indefinitely...............................22.1
Print documents...............................11.4, 11.5
Proceed to consideration of a change in
Standing Rules.......................................8
Proceed to executive business.......................22.1
Proceed to other business..............................8
Recess..............................................22.1
Reconsider............................................13
Reconsider a nomination........................31.3-31.5
Reduced to writing...............................15.1a-b
Refer a matter to committee........................17.3a
Request return of an item from the House............13.2
Strike out and insert...............................15.3
Suspend, modify, or amend any rule...................5.1
Motions:
Precedence of.......................................15.3
To be in writing if requested...................15, 22.2
Withdrawal or modification of by mover..............15.2
N
Nominations:
Injunction of secrecy...............................31.2
Proceedings on........................................31
Noncurrent records of the Senate........................11.2
O
Oath, Senatorial...........................................3
Objection to reading a paper............................11.3
Offensive references to another Senator or State
prohibited..........................................19.2-5
Office accounts of Senators, unofficial,
prohibited..............................................38
Office expenses, use of contributed funds
prohibited............................................38.2
Officers of the Senate:
Authority over employees.....................27.2, 35.2b
Conflict interest.....................................37
Financial disclosure................................34.3
Foreign travel..............................35.1c, 39.1b
Gifts.................................................35
Outside earned income.................................36
Political fund activity...............................41
Post-employment lobbying restrictions..............37.9c
Official funds, use of for mass mailing...................40
Open sessions:
Committees.........................................26.5b
Conferences.........................................28.6
Order:
In Chamber or Galleries, enforcement................19.6
In committees, enforcement.........................26.5d
Of business............................................8
Of special orders................................8.1, 10
Questions of..........................................20
Outside earned income.....................................36
P
Papers:
Objection to reading................................11.3
Printing of...................................11.4, 11.5
Transfer of noncurrent records......................11.2
Withdrawal of.......................................11.1
``Pastore rule'' (Rule 19, para. 1(b)).................19.1b
Pecuniary interest...............................44.6a, 44.9
Pension bills....................................14.9, 14.10
Personnel on detail from other agencies...........27.3, 27.4
Petitions or memorials:
Presentation of........................................7
Reference of.........................................7.4
Summary of, to be printed in Congressional
Record.............................................7.5
Pledge of Allegiance to the Flag of the U.S................4
Points of order:
Amendments not within committee's
jurisdiction......................................17.1
Appropriations bill proposing new or general
legislation.......................................16.2
Conference report, new matter in....................28.2
Certification of earmarks.............................44
During cloture proceedings..........................22.2
Measure reported from a committee.................26.10c
New directed spending.........................44.5, 44.6
New matter added in conference.....................28.2a
Reappropriating unexpended balances.................16.8
Restriction on expenditure of funds
appropriated................................16.2, 16.6
Striking matter committed by both Houses............28.2
Political fund activity by officers and employees:
Compliance with Code of Conduct...............41.2-41.4c
Post-employment revolving door..........................37.9
Postpone, motion to.....................................22.1
Powers, committee.................................25.1, 26.1
Prayer, daily, by Chaplain.................................4
Preambles...............................................14.8
Precedence of motions.............................15.3, 22.1
Presentation of credentials................................2
President of the United States
Bills or messages from...............................7.3
Communications, confidential, from..................29.3
Former Presidents entitled to address the
Senate............................................19.8
Meeting with Senate on executive business...........29.1
Messages to..........................................7.1
Transcript of executive records.......................32
President pro tempore. see also Presiding Officer:
Vice President, absence of.............................1
Presiding Officer. See also Chair.
Bills or other matters from the President or
the House, may at any time lay before the
Senate.............................................7.1
Calling a Senator to order..........................19.4
Cloture debate, to keep time during.................22.2
Directing a Senator to take his/her seat............19.4
Order in the Chamber or galleries,
enforcement.......................................19.6
President pro tempore..................................1
Recognition of a Senator who desires to
speak.............................................19.1
Rules for regulation of Senate wing,
enforcement.......................................33.2
Rulings, appeal from................................19.4
Printing of:
Additional numbers of documents.....................11.5
Bills and resolutions...............................11.6
Committee reports..................................7, 34
Conference reports..................................28.6
Hearings, committee...............................26.10a
Papers received from the House......................11.4
Private bills and claims...................14.9, 14.10, 16.5
Privilege of the floor....................................23
Procedure, committee......................................26
Proxies, use of in committee............................26.7
Q
Question:
Division of a.......................................15.3
Of absence of a quorum.................................6
Of order..............................................20
Quorum:
Absence of, question of..............................6.3
For cloture vote....................................22.2
For unanimous consent to take a final vote
on a specific date................................12.4
Of a committee.....................................26.7a
Of the Senate........................................6.1
Sergeant at Arms to obtain attendance of
absent Senators....................................6.4
R
Radio and television:
Broadcasting of committee meetings.................26.5c
Studios, restrictions on use........................40.6
Ranking majority member of a committee to serve
in absence of the chairman............................26.3
Ratification of treaties..................................30
Reading of:
Bills and joint resolutions.........................14.2
Journal.........................................4.1, 9.1
Paper, objection to.................................11.3
Recess, motion to.......................................22.1
Reconsideration...........................................13
Records of committees:
Actions............................................26.5e
Availability to all members......................26.4b-c
Proceedings (open or closed).......................26.5b
Separate from chairman's office records...........26.10a
Votes..............................................26.7b
Records of the Senate, noncurrent.......................11.2
Records, financial disclosure...........................34.2
Reference, to committees.......................5, 10, 12, 13
Regulation of the Senate wing of the Capitol..............33
Reports, committee:
Activities during the preceding Congress...........26.8b
Availability of (2-day rule)........................17.5
Conference committees.................................28
Contents required...........................26.11, 26.12
Cost estimate.....................................26.11a
Debate equally divided..............................28.5
Filing of.........................................26.10b
Legislative review.................................26.8b
Printing of............................11.4-11.6, 26.10c
Proposed changes in existing law...................26.8a
Regulatory impact statement......................26.11b
Submission of........................................7.1
Supplemental, minority, or additional views
26.10c
Tabulation of votes cast...........................26.7c
To identify items not required to carry out
provisions of existing law........................16.1
To lie over one day................................17.4a
2-day rule..........................................17.5
Reports, conference. See Conference reports.
Reports, financial disclosure..............................1
Representation by members.................................43
Restrictions on mass mailings...........................40.1
Rules and Administration, Committee on:
Computer facilities, oversight......................40.5
Floor privilege, regulation of........................17
Jurisdiction........................................24.n
Motions to print documents to be referred to
11.4
Personnel detailed from other agencies..............27.4
Senate wing, regulation of............................33
Stenographic assistance to committees,
regulations of.......................................1
Strategic plan for infrastructure support..........25.13
Rules of committees.......................................26
Rules of the Senate:
Continuance in effect from Congress to
Congress...........................................5.2
Motion to suspend, modify, or amend.............5.1, 8.2
Suspension by unanimous consent......................5.1
S
Scheduling of committee sessions...................26.1-26.5
Secretary of the Senate:
Assistant Secretary of the Senate....................1.2
Certificates of election, record of..................2.2
Duties of the Chair..................................1.2
Enrollment of bills and resolutions and
presentation of same to the President.............14.5
Financial disclosure..................................34
Mass mailings, registration of........................40
Messages to the President and House to be
delivered by......................................6, 7
Nominations, duties pertaining to..............31.4-31.7
Petitions, memorials, bills or resolutions,
function with respect to...........................7.6
Transfer of noncurrent records......................11.2
Withdrawal of papers..................................11
Senate Chamber:
Floor privilege.......................................23
For Senate use only.................................33.1
Galleries...............................19.6, 19.7, 33.2
Order in, enforcement...............................19.6
Regulation of.......................................33.2
Smoking prohibited..................................33.1
Senate Code of Official Conduct:
Conflict of interest..................................37
Employment practices..................................42
Employment negotiations...............................42
Financial disclosure, public..........................34
Foreign travel........................................39
Franking privilege.............................40.1-40.5
Gifts.................................................35
Outside earned income.................................36
Personal use of contributed funds prohibited
1
Political fund activity...............................41
Post-employment lobbying restrictions.........37.8, 37.9
Radio and television studios........................40.6
Representation by members.............................43
Unofficial office accounts prohibited..................1
Senate floor, persons admitted to.........................23
Senate Office Buildings, regulation of..................33.2
Senate wing of the Capitol, regulation of...............33.2
Senators:
Absence of.............................................6
Appointment by Governor..............................2.2
Certificates of election or appointment.............2, 3
Code of Official Conduct. See Senate Code of Official
Conduct.
Conflict of interest..................................37
Directed to take his/her seat.......................19.4
Disparaging references prohibited.............19.2, 19.3
Employment negotiations............................37.14
Financial disclosure..................................34
Foreign travel........................................37
Franking privilege.............................40.1-40.5
Gifts...............................................35.1
Oath of office.........................................3
Outside earned income.................................36
Post-employment lobbying restrictions...............37.8
Radio and television studios, use of................40.6
Representation of petitioners.......................43.1
Sergeant at Arms:
Financial disclosure...............................34.2b
Quorum, function in obtaining........................6.4
Sessions:
Committee. See Meetings of committees.
Executive. See Executive sessions of the Senate.
With closed doors.....................................21
Small Business, Committee on...........................25.1o
Smoking in Senate Chamber prohibited....................33.1
Special orders............................................10
Spending:
Certification......................................44.1a
Congressionally directed...........................44.1a
Identification.....................................44.1a
Limited tariff benefit................................44
Limited tax benefit...................................44
New directed spending..............................44.8a
Public availability of requests....................44.1a
Standing Rules of the Senate:
Continuance in effect from Congress to
Congress...........................................5.2
Motion to suspend, modify, or amend..................5.1
Suspension by unanimous consent......................5.1
State, offensive references prohibited..................19.3
Statements of witnesses before committees, staff
summary..............................................26.4b
Stenographic assistance for reporting of
committee hearings....................................26.1
Striking matter committed by both Houses................28.2
Certification of earmarks..........................44.1a
New directed spending.........................44.5-44.12
New matter added in conference.....................28.2c
Subcommittees, limitation of service on...............29, 30
Subpoena power of committees............................26.1
Summary of testimony before committees, by staff
26.4c
Supplemental expenditure authorizations for
committees............................................26.9
Supplemental views in committee reports...............26.10c
Suspension of the rules....................................5
T
Table, motion to........................................22.1
Taxation, Joint Committee on, membership...............25.3c
Televising of committee hearings.......................26.5c
Television and Radio Studios:
Exemption from restrictions.........................40.6
User restrictions...................................40.6
Tickets:
Entertainment and sporting events..................35.1c
Valuation..........................................35.1a
Travel expenses, foreign............................35.2, 39
Travel expenses:
Certification...................................35.2, 39
Flight--fair market value.......................35.2, 39
Reimbursements..................................35.2, 39
Treaties:
Amendments..........................................30.1
Injunction of secrecy.........................29.3, 30.1
Proceedings on........................................30
Trust funds. See Rule 34. See also 5 U.S.C. App.
[Senate Manual Sec. 1172].............................34.4
2-day rule (Rule 17, para. 5)...........................17.5
U
Unanimous consent:
To change or withdraw a Senator's vote..............12.1
To proceed to consideration of a subject........7.2, 8.2
To reconsider a question............................13.1
To suspend a rule......................................5
To suspend reading of the Journal....................4.1
To take a final vote on a specific date.............12.4
Unfinished business..............................10.1, 19.1b
Unofficial office accounts prohibited.....................38
V
Veterans' Affairs, Committee on........................25.1p
Vice President.............................................1
Voting:
Changing or withdrawing a Senator's vote..............12
Committee...........................................26.7
Conflict of interest................................12.3
Reconsideration.......................................13
Senator declining to vote...........................12.2
Unanimous consent to take a final vote on a
specific date.....................................12.4
Yeas and nays.......................................12.1
W
Withdrawal:
Of motion, amendment, or resolution.................15.2
Of papers...........................................11.2
Witnesses, committee:
Authority to summon.................................26.1
Selected by minority................................26.4
To file advance statements.........................26.4b
Y
Yeas and nays:
See Voting..........................................12.1
Conflict of interest................................12.3
NONSTATUTORY STANDING ORDERS NOT EMBRACED IN THE RULES, AND
RESOLUTIONS AFFECTING THE BUSINESS OF THE SENATE
Senate
Manual
Section
CHAMBER AND FLOOR PROCEDURE
Provision for emergency authority relating to
Senate adjournments and recesses........................60
Authorizing regulations relating to the use of
official equipment......................................61
Votes shall be cast from assigned desk....................62
To permit an individual with a disability with
access to the Senate floor to bring necessary
supporting aids and services............................63
Flowers in the Senate Chamber.............................64
Reading of Washington's Farewell Address..................65
Designation of the ``Daniel Webster Desk''................66
Designation of the Jefferson Davis Desk...................67
Designation of the Henry Clay Desk........................68
Television and radio broadcast of Senate Chamber
proceedings.............................................69
Reading of conference reports.............................70
Public disclosure of notice of intent to object
to a measure or matter..................................71
Permitting the waiving of the reading of an
amendment...............................................72
To provide for expedited Senate consideration of
certain nominations subject to advice and
consent.................................................73
COMMITTEES
Committee on Appropriations authority.....................75
Consultants for the Committee on Appropriations
76
Select Committee on Ethics................................77
Select Committee on Ethics--additional
responsibility..........................................78
Select Committee on Ethics--Chairman and Vice-
chairman legislative assistants clerk-hire
allowance...............................................79
Authorizing the Select Committee on Ethics to
provide training assistance to its
professional staff......................................80
Select Committee on Intelligence..........................81
Homeland security and intelligence oversight..............82
Reorganization of Senate committee system.................83
Special Committee on Aging............................83.1
Committee on Indian Affairs...........................83.2
Committee assignments; chairmanships..................83.3
Scheduling of committee meetings......................83.4
Continuing review of the committee system.............83.5
Acceptance of gifts by the Committee on Rules
and Administration......................................84
Authorizing suit by Senate committees.....................85
Senate
Manual
Section
EMPLOYEES
Special deputies..........................................90
Office of Deputy President pro tempore....................91
Senate Parliamentarian Emeritus...........................92
Persons not full-time employees of the Senate.............93
Senate pages..............................................94
Closing the office of a Senator or Senate leader
who dies or resigns.....................................95
Pay of committee staff displaced by change of
Chairman or Ranking Minority Member.....................96
Pay of clerical and other assistants as affected
by termination of service of appointed
Senators................................................97
Leave without pay status for certain Senate
employees performing service in the uniformed
services................................................98
Loyalty checks on Senate employees........................99
Equal employment opportunities...........................100
Senate youth program.....................................101
Senior citizen internship program........................102
EXPENSES
Transportation costs and travel expenses
incurred by Members and employees of the
Senate when engaged in authorized foreign
travel.................................................105
Documentation required for reimbursements out of
Senators' official office expense accounts.............106
Restrictions on certain expenses payable or
reimbursable from a Senator's official office
expense account........................................107
Debt collection..........................................108
Tort claims procedures...................................109
Reimbursement of witness expenses........................110
Authorizing the Senate to participate in
government transit programs............................111
ETHICS
Relative to contributions for costs of civil,
criminal, or other legal investigations of
Members, officers, or employees of the Senate
115
Clarifying rules regarding acceptance of pro
bono legal services by Senators........................116
Standards of conduct for Members of the Senate
and officers and employees of the Senate...............117
Senate
Manual
Section
CEREMONIAL
Seal of the Senate.......................................120
Official Senate flag.....................................121
Seal of the President pro tempore........................122
Marble busts of Vice Presidents..........................123
Award of service pins or emblems.........................124
Designating the old Senate office building and
the new Senate office building as the
``Richard Brevard Russell Senate Office
Building'' and the ``Everett McKinley Dirksen
Senate Office Building'', respectively.................125
Designating the extension to the Dirksen Senate
office building as the ``Philip A. Hart Senate
Office Building''......................................126
Prohibition on the removal of art and historic
objects from the Senate wing of the Capitol
and Senate office buildings for personal use
127
Commission on Art and Antiquities of the United
States Senate..........................................128
Interparliamentary activities and reception of
certain foreign officials..............................129
Authorizing the display of the Senate Leadership
Portrait Collection in the Senate lobby................130
Establishing a procedure for affixing and
removing permanent artwork and semi-permanent
artwork in the Senate wing of the Capitol and
in the Senate office buildings.........................131
RECORDS
Public access to Senate records at the National
Archives...............................................135
Printing in the Congressional Record.....................136
Printing of the Executive Journal........................137
Printing of memorial tributes to deceased former
Members of the Senate..................................138
Office of Senate Security................................139
------------------------------------------------------------
NONSTATUTORY STANDING ORDERS NOT EMBRACED IN THE RULES, AND
RESOLUTIONS AFFECTINGTHEBUSINESSOFTHESENATE
------------------------------------------------------------
60 PROVISION FOR EMERGENCY AUTHORITY RELATING TO SENATE
ADJOURNMENTS AND RECESSES
Resolved, That the presiding officer of the Senate may
suspend any proceeding of the Senate, including a rollcall
vote or a quorum call, and declare a recess or adjournment
of the Senate subject to existing authorities or subject to
the call of the Chair, within the limits of article I,
section 5, clause 4, of the Constitution, whenever the
presiding officer has been notified of an imminent threat.
Sec. 2. When the Senate is out of session, the majority
and minority leaders, or their designees, may, acting
jointly and within the limits of article I, section 5,
clause 4, of the Constitution, modify any order for the time
or place of the convening of the Senate when, in their
opinion, such action is warranted by intervening
circumstances.
[S. Res. 296, 108-2, Feb. 3, 2004.]
61 AUTHORIZING REGULATIONS RELATING TO THE USE OF OFFICIAL
EQUIPMENT
Resolved, That (a) the Committee on Rules and
Administration of the Senate may issue regulations to
authorize a Senator or officer or employee of the Senate to
use official equipment for purposes incidental to the
conduct of their official duties.
(b) Any use under subsection (a) shall be subject to
such terms and conditions as set forth in the regulations.
[S. Res. 238, 108-1, Oct. 2, 2003.]
62 VOTES SHALL BE CAST FROM ASSIGNED DESK
Resolved, That it is a standing order of the Senate that
during yea and nay votes in the Senate, each Senator shall
vote from the assigned desk of the Senator.
[S. Res. 480, 98-2, Oct. 11, 1984.]
63 TO PERMIT AN INDIVIDUAL WITH A DISABILITY WITH ACCESS TO THE
SENATE FLOOR TO BRING NECESSARY SUPPORTING AIDS AND SERVICES
Resolved, That an individual with a disability who has
or is granted the privilege of the Senate floor under rule
XXIII of the Standing Rules of the Senate may bring
necessary supporting aids and services (including service
dogs, wheelchairs, and interpreters) on the Senate floor,
unless the Senate Sergeant at Arms determines that the use
of such supporting aids and services would place a
significant difficulty or expense on the operations of the
Senate in accordance with paragraph 2 of rule 4 of the Rules
for Regulation of the Senate Wing of the United States
Capitol.
[S. Res. 110, 105-1, July 31, 1977.]
64 FLOWERS IN THE SENATE CHAMBER
Resolved, That until further orders the Sergeant at Arms
is instructed not to permit flowers to be brought into the
Senate Chamber.
[S. Jour. 261, 58-3, Feb. 24, 1905.]
Resolved, That notwithstanding the resolution of the
Senate of February 24, 1905, upon the death of a sitting
Senator, the majority leader and the minority leader may
permit a display of flowers to be placed upon the desk of
the deceased Senator on the day set aside for eulogies.
[S. Res. 221, 98-1, Sept. 15, 1983.]
65 READING OF WASHINGTON'S FAREWELL ADDRESS
Ordered, That, unless otherwise directed, on the twenty-
second day of February in each year, or if that day shall be
on Sunday, then on the day following, immediately after the
reading of the Journal, Washington's Farewell Address shall
be read to the Senate by a Senator to be designated for the
purpose by the Presiding Officer; and that thereafter the
Senate will proceed with its ordinary business.
[S. Jour. 103, 56-2, Jan. 24, 1901.]
66 DESIGNATION OF THE ``DANIEL WEBSTER DESK''
Resolved, That during the Ninety-fourth Congress and
each Congress thereafter, the desk located within the Senate
Chamber and commonly referred to as the ``Daniel Webster
Desk'' shall, at the request of the senior Senator from the
State of New Hampshire, be assigned to such Senator for use
in carrying out his or her Senatorial duties during that
Senator's term of office.
[S. Res. 469, 93-2, Dec. 19, 1974.]
67 DESIGNATION OF THE JEFFERSON DAVIS DESK
Resolved, That during the One Hundred Fourth Congress
and each Congress thereafter, the desk located within the
Senate Chamber and used by Senator Jefferson Davis shall, at
the request of the senior Senator from the State of
Mississippi, be assigned to such Senator, for use in
carrying out his or her senatorial duties during that
Senator's term of office.
[S. Res. 161, 104-1, Aug. 8, 1995.]
68 DESIGNATION OF THE HENRY CLAY DESK
Resolved, That during the One Hundred Sixth Congress and
each Congress thereafter, the desk located within the Senate
Chamber and used by Senator Henry Clay shall, at the request
of the senior Senator from the State of Kentucky, be
assigned to that Senator for use in carrying out his or her
senatorial duties during that Senator's term of office.
[S. Res. 89, 106-1, Apr. 28, 1999.]
69 TELEVISION AND RADIO BROADCAST OF SENATE CHAMBER PROCEEDINGS
Resolved, That (a) the Senate hereby authorizes and
directs that there be both television and radio broadcast
coverage (together with videotape and audio recordings) of
proceedings in the Senate Chamber.
(b) Such broadcast coverage shall be--
(1) provided in accordance with provisions of
this resolution;
(2) provided continuously, except for any time
when the Senate is conducting a quorum call, or when
a meeting with closed doors is ordered; and
(3) provided subject to the provisions
pertaining to the Senate gallery contained in the
following Standing Rules of the Senate: rule XIX,
paragraphs 6 and 7; rule XXV, paragraph 1(n); and
rule XXXIII, paragraph 2.
Sec. 2. The radio and television broadcast of Senate
proceedings shall be supervised and operated by the Senate.
Sec. 3. The television broadcast of Senate proceedings
shall follow the Presiding Officer and Senators who are
speaking, clerks, and the chaplain except during rollcall
votes when the television cameras shall show the entire
Chamber.
Sec. 4. (a) The broadcast coverage by radio and
television of the proceedings of the Senate shall be
implemented as provided in this section.
(b) The Architect of the Capitol, in consultation with
the Sergeant at Arms and Doorkeeper of the Senate, shall--
(1) construct necessary broadcasting facilities
for both radio and television (including a control
room and the modification of Senate sound and
lighting fixtures);
(2) employ necessary expert consultants; and
(3) acquire and install all necessary equipment
and facilities to (A) produce a broadcast-quality
``live'' audio and color video signal of such
proceedings, and (B) provide an archive-quality
audio and color video tape recording of such
proceedings:
Provided, That the Architect of the Capitol, in carrying out
the duties specified in clauses (1) through (3) of this
subsection, shall not enter into any contract for the
purchase or installation of equipment, for employment of any
consultant, or for the provision of training to any person,
unless the same shall first have been approved by the
Committee on Rules and Administration.
(c)(1)\1\ The Sergeant at Arms and Doorkeeper of the
Senate shall--
---------------------------------------------------------------------------
\1\As amended, S. Res. 459, 100-2, Sept. 14, 1988.
---------------------------------------------------------------------------
(A) employ such staff as may be necessary,
working in conjunction with the Senate Recording and
Photographic Studios, to operate and maintain all
broadcast audio and color video equipment installed
pursuant to this resolution;
(B) make audio and video tape recordings, and
copies thereof as requested by the Secretary under
paragraph (2) of Senate proceedings; and
(C) retain for 30 session-days after the day any
Senate proceedings took place, such recordings
thereof, and as soon thereafter as possible,
transmit to the Secretary of the Senate copies of
such recordings.
The Sergeant at Arms and Doorkeeper of the Senate, in
carrying out the duties specified in subparagraphs (A) and
(B), shall comply with appropriate Senate procurement and
other regulations.
(2) The Secretary of the Senate is authorized to obtain
from the Sergeant at Arms archival quality video recordings
of Senate proceedings and, as soon thereafter as possible,
transmit such recordings to the Librarian of Congress and to
the Archivist of the United States.
Sec. 5. (a) Radio coverage of Senate proceedings shall--
(1) begin as soon as the necessary equipment has
been installed; and
(2) be provided continuously at all times when
the Senate is in session (or is meeting in Committee
of the Whole), except for any time when a meeting
with closed doors is ordered.
(b) As soon as practicable but no later than May 1,
there shall begin a test period during which tests of radio
and television coverage of Senate proceedings shall be
conducted by the staffs of the Committee on Rules and
Administration and of the Office of the Sergeant at Arms and
Doorkeeper of the Senate. Television coverage of Senate
proceedings shall go live June 1, 1986. The test period
aforementioned shall end on July 15, 1986.
(c) During such test period--
(1) final procedures for camera direction
control shall be established;
(2) television coverage of Senate proceedings
shall not be transmitted between May 1st and June
1st, except that, at the direction of the chairman
of the Committee on Rules and Administration, such
coverage may be transmitted over the coaxial cable
system of the Architect of the Capitol; and
(3) recording of Senate proceedings shall be
retained by the Secretary of the Senate.
Sec. 6.\2\ (a) The use of any tape duplication of radio
or television coverage of the proceedings of the Senate for
political campaign purposes is strictly prohibited.
---------------------------------------------------------------------------
\2\As amended, S. Res. 431, 100-2, June 7, 1988.
---------------------------------------------------------------------------
(b)(1) Except as provided in paragraph (2), any tape
duplication of radio or television coverage of the
proceedings of the Senate furnished to any person or
organization shall be made on the condition, agreed to in
writing, that the tape duplication shall not be used for
political campaign purposes.
(2) Any public or commercial news organization furnished
a tape duplication described in paragraph (1) shall be
subject to the provisions of paragraph (1) but shall not be
required to enter into a written agreement.
Sec. 7. Any changes in the regulations made by this
resolution shall be made only by Senate resolution. However,
the Committee on Rules and Administration may adopt such
procedures and such regulations, which do not contravene the
regulations made by this resolution, as it deems necessary
to assure the proper implementation of the purposes of this
resolution.
Sec. 8. Such funds as may be necessary (but not in
excess of $3,500,000) to carry out this resolution shall be
expended from the contingent fund of the Senate.
* * * * * * *
Sec. 14. Provided, that if the Senate authorizes the
permanent televising of the Senate pursuant to section 15,
that radio and television coverage of the Senate shall be
made available on a ``live'' basis and free of charge to (1)
any accredited member of the Senate Radio and Television
Correspondents Gallery, (2) the coaxial cable system of the
Architect of the Capitol, and (3) such other news gathering,
educational, or information distributing entity as may be
authorized by the Committee on Rules and Administration to
receive such broadcasts.
Sec. 15. Television coverage of the Senate shall cease
at the close of business July 15, 1986, and television
coverage of the Senate and the rules changes contained
herein shall continue, if the Senate agrees to the question,
which shall be put one hour after the Senate convenes on
July 29, 1986, ``Shall radio and television coverage
continue after this date, and shall the rules changes
contained herein continue?''.\3\ There shall be twelve hours
of debate on this question, to be equally divided and
controlled in the usual form, at the end of which any
Senator may propose as an alternative the question, ``Shall
the test period continue for thirty days?''. On this
question there shall be one hour of debate, equally divided
and controlled in the usual form. If this question is
decided in the affirmative, then thirty days hence, one hour
after the Senate convenes, the Senate shall proceed to vote
without intervening action on the question, ``Shall radio
and television coverage continue after this date and shall
the rules changes contained herein continue?''.
---------------------------------------------------------------------------
\3\Pursuant to this provision, the question was
considered and decided in the affirmative by a vote of 78-
21. See Daily Cong. Rec., 99th Cong., 2d sess., July 29,
1986, pp. 9750-9775.
---------------------------------------------------------------------------
Sec. 16. Provided, that official noting of a Senator's
absence from committees while the Senate is on television is
prohibited.
[S. Res. 28, 99-2, Feb. 27, 1986.]
Sec. 17. The Secretary of the Senate shall, subject to
the approval of the Senate Committee on Rules and
Administration, contract with the Secretary of Education to
provide closed captioning of the Senate floor proceedings.
The Senate authorizes the Secretary of Education to have
access to the audio and video broadcast of the Senate floor
proceedings for the purpose of captioning. Such funds as may
be necessary to carry out the purposes of this section are
authorized to be paid from the contingent fund of the
Senate.
[S. Res. 13, 101-1, June 21, 1989.]
Resolved, That, notwithstanding any other provision of
S. Res. 28, agreed to February 27, 1986, television coverage
of the Senate shall resume July 21, 1986 under the same
basis as provided during the live test period under section
5 of S. Res. 28 unless the Senate votes pursuant to section
15 of S. Res. 28 to end coverage.
[S. Res. 444, 99-2, July 15, 1986.]
70 READING OF CONFERENCE REPORTS
Sec. 903. Beginning on the first day of the 107th
Congress, the Presiding Officer of the Senate shall apply
all of the precedents of the Senate under Rule XXVIII in
effect at the conclusion of the 103d Congress. Further that
there is now in effect a Standing order of the Senate that
the reading of conference reports is no longer required, if
the said conference report is available in the Senate.
[Pub. L. 106-554, Div. A, ch. 9, Sec. 903, Dec. 21, 2000.]
71 PUBLIC DISCLOSURE OF NOTICE OF INTENT TO OBJECT TO A MEASURE
OR MATTER
Resolved
Sec. 1. Eliminating Secret Senate Holds.
(a) In General.--
(1) Covered Request.--This standing order shall
apply to a notice of intent to object to the
following covered requests:
(A) A unanimous consent request to
proceed to a bill, resolution, joint
resolution, concurrent resolution,
conference report, or amendment between the
Houses.
(B) A unanimous consent request to pass
a bill or joint resolution or adopt a
resolution, concurrent resolution,
conference report, or the disposition of an
amendment between the Houses.
(C) A unanimous consent request for the
disposition of a nomination.
(2) Recognition of Notice of Intent.--The
majority and minority leaders of the Senate or their
designees shall recognize a notice of intent to
object to a covered request of a Senator who is a
member of their caucus if the Senator--
(A) submits the notice of intent to
object in writing to the appropriate leader
and grants in the notice of intent to object
permission for the leader or designee to
object in the Senator's name; and
(B) not later than 2 session days after
submitting the notice of intent to object to
the appropriate leader, submits a copy of
the notice of intent to object to the
Congressional Record and to the Legislative
Clerk for inclusion in the applicable
calendar section described in subsection
(b).
(3) Form of Notice.--To be recognized by the
appropriate leader a Senator shall submit the
following notice of intent to object:
``I, Senator --------------, intend to
object to ------------, dated --------------
--. I will submit a copy of this notice to
the Legislative Clerk and the Congressional
Record within 2 session days and I give my
permission to the objecting Senator to
object in my name.''. The first blank shall
be filled with the name of the Senator, the
second blank shall be filled with the name
of the covered request, the name of the
measure or matter and, if applicable, the
calendar number, and the third blank shall
be filled with the date that the notice of
intent to object is submitted.
(4) Notices on the Senate Floor.--The
requirement to submit a notice of intent to object
to the Legislative Clerk and the Congressional
Record shall not apply in the event a Senator
objects on the floor of the Senate and states the
following:
``I object to ----------------, on
behalf of Senator ----------------.''
(b) Calendar.--
(1) Objection.--Upon receiving the submission
under subsection (a)(2)(B), the Legislative Clerk
shall add the information from the notice of intent
to object to the applicable Calendar section
entitled `Notices of Intent to Object to Proceeding'
created by Public Law 110-81. Each section shall
include the name of each Senator filing a notice
under subsection (a)(2)(B), the measure or matter
covered by the calendar to which the notice of
intent to object relates, and the date the notice of
intent to object was filed.
(2) Objection on Behalf.--In the case of an
objection made under subsection (a)(4), not later
than 2 session days after the objection is made on
the floor, the Legislative Clerk shall add the
information from such objection to the applicable
Calendar section entitled ``Notices of Intent to
Object to Proceeding'' created by Public Law 110-81.
Each section shall include the name of the Senator
on whose behalf the objection was made, the measure
or matter objected to, and the date the objection
was made on the floor.
(c) Removal.--A Senator may have notice of intent to
object relating to that Senator removed from a calendar to
which it was added under subsection (b) by submitting to the
Legislative Clerk the following notice:
``I, Senator ------------------, do not
object to ----------------, dated ----------
------.'' The first blank shall be filled
with the name of the Senator, the second
blank shall be filled with the name of the
covered request, the name of the measure or
matter and, if applicable, the calendar
number, and the third blank shall be filled
with the date of the submission to the
Legislative Clerk under this subsection.
(d) Objecting on Behalf of a Member.--Except with
respect to objections made under subsection (a)(4), if a
Senator who has notified his or her leader of an intent to
object to a covered request fails to submit a notice of
intent to object under subsection (a)(2)(b) within 2 session
days following an objection to a covered request by the
leader or his or her designee on that Senator's behalf, the
Legislative Clerk shall list the Senator who made the
objection to the covered request in the applicable ``Notice
of Intent to Object to Proceeding'' calendar section.
[S. Res. 28, 112-1, January 27, 2011]
72 PERMITTING THE WAIVING OF THE READING OF AN AMENDMENT
Resolved,
Sec. 1. Reading of Amendments.
(a) Standing Order.--This section shall be a
standing order of the Senate.
(b) Waiver.--The reading of an amendment may be
waived by a non-debatable motion if the amendment--
(1) has been submitted at least 72 hours
before the motion; and
(2) is available in printed or
electronic form in the Congressional Record.
[S. Res. 29, 112-1, January 27, 2011]
73 TO PROVIDE FOR EXPEDITED SENATE CONSIDERATION OF CERTAIN
NOMINATIONS SUBJECT TO ADVICE AND CONSENT
Resolved,
Sec. 1. Procedure For Consideration.
(a) Privileged Nominations; Information Requested--Upon
receipt by the Senate of a nomination described in section
2, the nomination shall--
(1) be placed on the Executive Calendar under
the heading `Privileged Nominations--Information
Requested'; and
(2) remain on the Executive Calendar under such
heading until the Executive Clerk receives a written
certification from the Chairman of the committee of
jurisdiction under subsection (b).
(b) Questionnaires--The Chairman of the committee of
jurisdiction shall notify the Executive Clerk in writing
when the appropriate biographical and financial
questionnaires have been received from an individual
nominated for a position described in section 2.
(c) Privileged Nominations; Information Received--Upon
receipt of the certification under subsection (b), the
nomination shall--
(1) be placed on the Executive Calendar under
the heading `Privileged Nomination--Information
Received' and remain on the Executive Calendar under
such heading for 10 session days; and
(2) after the expiration of the period referred
to in paragraph (1), be placed on the `Nominations'
section of the Executive Calendar.
(d) Referral to Committee of Jurisdiction--During the
period when a nomination described in subsection (a) is
listed under the `Privileged Nomination--Information
Requested' section of the Executive Calendar described in
section (a)(1) or the `Privileged Nomination--Information
Received' section of the Executive Calendar described in
section (c)(1)--
(1) any Senator may request on his or her own
behalf, or on the behalf of any identified Senator
that the nomination be referred to the appropriate
committee of jurisdiction; and
(2) if a Senator makes a request described in
paragraph (1), the nomination shall be referred to
the appropriate committee of jurisdiction.
Sec. 2. Nominations Covered.
The following nominations for the positions described
(including total number of individuals to be appointed for
the position) shall be considered under the provisions of
this resolution:
(1) The Chairman and the Members of the Advisory
Board for Cuba Broadcasting (9 Members including
Chairman).
(2) The Chairman and the Members of the
Corporation for National and Community Service (15
Members including Chairman).
(3) The Chairman and the Members of the Federal
Retirement Thrift Investment Boards (5 Members
including Chairman).
(4) The Members of the Internal Revenue Service
Oversight Board (7 Members).
(5) The Members of the Board of the Millennium
Challenge Corporation (4 Members).
(6) The Members of the National Council on the
Arts (18 Members).
(7) The Members of the National Council for the
Humanities (26 Members).
(8) The Members of the Board of Directors of the
Overseas Private Investment Corporation (8 Members).
(9) The Members of the Peace Corps National
Advisory Council (15 Members).
(10) The Chairman, Vice Chairman, and the
Members of the Board of Directors for the United
States Institute of Peace (12 Members including
Chairman and Vice Chairman).
(11) The Members of the Board of Directors of
the Federal Agricultural Mortgage Corporation (5
Members).
(12) The Members of the Board of Directors of
the National Consumer Cooperative Bank (3 Members).
(13) The Members of the Board of Directors of
the National Institute of Building Sciences (6
Members).
(14) The Members of the Board of Directors of
the Securities Investor Protection Corporation (5
Members).
(15) The Members of the Board of Directors of
the Metropolitan Washington Airport Authority (3
Members).
(16) The Members of the Saint Lawrence Seaway
Development Corporation Advisory Board (5 Members).
(17) The Members of the Board of Trustees of the
Morris K. Udall Scholarship and Excellence in
National Environmental Policy Foundation (9
Members).
(18) The Members the Board of Trustees of the
Federal Hospital Insurance Trust Fund (2 Members).
(19) The Members of the Board of Trustees of the
Federal Old Age and Survivors Trust Fund and
Disability Insurance Trust Fund (2 Members).
(20) The Members of the Board of Trustees of the
Federal Supplementary Medical Insurance Trust Fund
(2 Members).
(21) The Members of the Social Security Advisory
Board (3 Members).
(22) The Members of the Board of Directors of
the African Development Foundation (7 Members).
(23) The Members of the Board of Directors of
the Inter American Foundation (9 Members).
(24) The Commissioners of the United States
Advisory Commission on Public Diplomacy (7 Members).
(25) The Members of the Board of Trustees of the
Barry Goldwater Scholarship and Excellence in
Education Foundation (8 Members).
(26) The Members of the Board of Trustees of the
Harry Truman Scholarship Foundation (8 Members).
(27) The Members of the Board of Trustees of the
James Madison Memorial Fellowship Foundation (6
Members).
(28) The Members of the Board of Directors of
the Legal Services Corporation (11 Members).
(29) The Members of the Foreign Claims
Settlement Commission (2 Members).
(30) The Members of the Board of Directors of
the State Justice Institute (11 Members).
(31) Chief Financial Officer, from the
following:
(A) Department of Agriculture.
(B) Department of Commerce.
(C) Department of Defense.
(D) Department of Education.
(E) Department of Energy.
(F) Department of Environmental
Protection Agency.
(G) Department of Health and Human
Services.
(H) Department of Homeland Security.
(I) Department of Housing and Urban
Development.
(J) Department of the Interior.
(K) Department of Labor.
(L) National Aeronautics and Space
Administration.
(M) Department of State.
(N) Department of Transportation.
(O) Department of the Treasury.
(P) Department of Veterans Affairs.
(32) Assistant Secretary for Financial
Management of the Air Force.
(33) Assistant Secretary for Financial
Management of the Army.
(34) Assistant Secretary for Financial
Management of Navy.
(35) Controller, Office of Federal Financial
Management, Office of Management and Budget.
(36) Assistant Secretaries or other officials
whose primary responsibility is legislative affairs
from the following:
(A) Department of Agriculture.
(B) Department of Energy.
(C) Department of Defense.
(D) Department of Housing and Urban
Development.
(E) Department of Commerce.
(F) Department of Treasury.
(G) Department of State.
(H) Department of Health and Human
Services.
(I) United States Agency for
International Development.
(J) Department of Education.
(K) Department of Labor.
(L) Department of Justice.
(M) Department of Veterans Affairs.
(N) Department of Transportation.
(37) Commissioner, Rehabilitative Services
Administration, Department of Education.
(38) Commissioner, Administration for Children,
Youth, and Families, Department of Health and Human
Services.
(39) Commissioner, Administration for Native
Americans, Department of Health and Human Services.
(40) Federal Coordinator, Alaska Natural Gas
Transportation Projects.
(41) Assistant Secretary for Administration,
Department of Commerce.
Sec. 3. Executive Calendar.
The Secretary of the Senate shall create the appropriate
sections on the Executive Calendar to reflect and effectuate
the requirements of this resolution.
Sec. 4. Committee Justification for New Executive
Positions.
The report accompanying each bill or joint resolution of
a public character reported by any committee shall contain
an evaluation and justification made by such committee for
the establishment in the measure being reported of any new
position appointed by the President within an existing or
new Federal entity.
Sec. 5. Effective Date.
This resolution shall take effect 60 days after the date
of adoption of this resolution.
[S. Res. 116, 112-1, March 30, 2011]
74 TO IMPROVE PROCEDURES FOR THE CONSIDERATION OF LEGISLATION
AND NOMINATIONS IN THE SENATE
Resolved,
sec. 1. Consideration of Legislation.
(a) Motion To Proceed and Consideration of
Amendments--A motion to proceed to the consideration
of a measure or matter made pursuant to this section
shall be debatable for no more than 4 hours, equally
divided in the usual form. If the motion to proceed
is agreed to the following conditions shall apply:
(1) The first amendments in order to the
measure or matter shall be one first-degree
amendment each offered by the minority, the
majority, the minority, and the majority, in
that order. If an amendment is not offered
in its designated order under this
paragraph, the right to offer that amendment
is forfeited.
(2) If a cloture motion has been filed
pursuant to rule XXII of the Standing Rules
of the Senate on a measure or matter
proceeded to under this section, it shall
not be in order for the minority to propose
its first amendment unless it has been
submitted to the Senate Journal Clerk by
1:00 p.m. on the day following the filing of
that cloture motion, for the majority to
propose its first amendment unless it has
been submitted to the Senate Journal Clerk
by 3:00 p.m. on the day following the filing
of that cloture motion, for the minority to
propose its second amendment unless it has
been submitted to the Senate Journal Clerk
by 5:00 p.m. on the day following the filing
of that cloture motion, or for the majority
to propose its second amendment unless it
has been submitted to the Senate Journal
Clerk by 7:00 p.m. on the day following the
filing of that cloture motion. If an
amendment is not timely submitted under this
paragraph, the right to offer that amendment
is forfeited.
(3) An amendment offered under paragraph
(1) shall be disposed of before the next
amendment in order under paragraph (1) may
be offered.
(4) An amendment offered under paragraph
(1) is not divisible or subject to amendment
while pending.
(5) An amendment offered under paragraph
(1), if adopted, shall be considered
original text for purpose of further
amendment.
(6) No points of order shall be waived
by virtue of this section.
(7) No motion to commit or recommit
shall be in order during the pendency of any
amendment offered pursuant to paragraph (1).
(8) Notwithstanding rule XXII of the
Standing Rules of the Senate, if cloture is
invoked on the measure or matter before all
amendments offered under paragraph (1) are
disposed of, any amendment in order under
paragraph (1) but not actually pending upon
the expiration of post-cloture time may be
offered and may be debated for not to exceed
1 hour, equally divided in the usual form.
Any amendment offered under paragraph (1)
that is ruled non-germane on a point of
order shall not fall upon that ruling, but
instead shall remain pending and shall
require 60 votes in the affirmative to be
agreed to.
(b) Sunset--This section shall expire on the day
after the date of the sine die adjournment of the
113th Congress.
sec. 2. Consideration of Nominations.
(a) In General--
(1) POST-CLOTURE CONSIDERATION--If
cloture is invoked in accordance with rule
XXII of the Standing Rules of the Senate on
a nomination described in paragraph (2),
there shall be no more than 8 hours of post-
cloture consideration equally divided in the
usual form.
(2) NOMINATIONS COVERED--A nomination
described in this paragraph is any
nomination except for the nomination of an
individual----
(A) to a position at level I of the
Executive Schedule under section 5312 of
title 5, United States Code; or
(B) to serve as a judge or justice
appointed to hold office during good
behavior.
(b) Special Rule for District Court Nominees--If
cloture is invoked in accordance with rule XXII of
the Standing Rules of the Senate on a nomination of
an individual to serve as a judge of a district
court of the United States, there shall be no more
than 2 hours of post-cloture consideration equally
divided in the usual form.
(c) Sunset--This section shall expire on the day
after the date of the sine die adjournment of the
113th Congress.
[S. Res. 15, 113-1, January 24, 2013]
75 COMMITTEE ON APPROPRIATIONS AUTHORITY
Resolved, That for the purpose of obtaining and laying
factual data and information before the Senate Committee on
Appropriations, or any subcommittee thereof, for its
consideration in the discharge of its functions, the
chairman or acting chairman of said committee is hereby
authorized and directed, within the limit of funds made
available by resolutions of the Senate, to appoint and
employ such experts as he may deem necessary to obtain such
data and information, and such experts, upon the written
authority of the chairman or acting chairman, shall have the
right to examine the books, documents, papers, reports, or
other records of any department, agency, or establishment of
the Federal Government in the District of Columbia and
elsewhere; be it further
Resolved, That the said committee through its chairman
is hereby authorized, within the limit of funds made
available by resolutions of the Senate, to appoint
additional clerical help and assistants.
[S. Res. 193, 78-1, Oct. 14, 1943; S. Res. 281, 96-2, Mar.
11, 1980.]
76 CONSULTANTS FOR THE COMMITTEE ON APPROPRIATIONS
Resolved, That within the limit of funds appropriated
for expenses of inquiries and investigations for the
Committee on Appropriations, the committee may expend such
sums as it deems appropriate and necessary for the
procurement of the services of individual consultants or
organizations. Such services in the case of individuals or
organizations may be procured by contract as independent
contractors, or in the case of individuals by employment at
daily rates of compensation not in excess of the per diem
equivalent of the highest gross rate of compensation which
may be paid to a regular employee of the committee. Such
contracts may be made in the same manner and subject to the
same conditions with respect to advertising as required of
other standing committees of the Senate under section
202(i)(2) of the Legislative Reorganization Act of 1946, as
amended.
[S. Res. 140, 94-1, May 14, 1975.]
77 SELECT COMMITTEE ON ETHICS
Resolved, That (a) there is hereby established a
permanent select committee of the Senate to be known as the
Select Committee on Ethics (referred to hereinafter as the
``Select Committee'') consisting of six Members of the
Senate, of whom three shall be selected from members of the
majority party and three shall be selected from members of
the minority party. Members thereof shall be appointed by
the Senate in accordance with the provisions of paragraph 1
of rule XXIV of the Standing Rules of the Senate at the
beginning of each Congress. The Select Committee shall
select a chairman or a vice chairman from among its members.
For purposes of paragraph 4\1\ of rule XXV of the Standing
Rules of the Senate, service of a Senator as a member or
chairman of the Select Committee shall not be taken into
account.
---------------------------------------------------------------------------
\1\Changed from ``paragraph 6'' as a result of the
adoption of S. Res. 274, 96-1, Nov. 14, 1979.
---------------------------------------------------------------------------
(b) Vacancies in the membership of the Select Committee
shall not affect the authority of the remaining members to
execute the functions of the committee, and shall be filled
in the same manner as original appointments thereto are
made.
(c)(1) A majority of the members of the Select Committee
shall constitute a quorum for the transaction of business
involving complaints and allegations of misconduct,
including the consideration of matters involving sworn
complaints, unsworn allegations or information, resultant
preliminary inquiries, initial reviews, investigations,
hearings, recommendations or reports, and matters relating
to S. Res. 400, agreed to May 19, 1976.
(2) Three members shall constitute a quorum for the
transaction of the routine business of the Select Committee
not covered by the first paragraph of this subparagraph,
including requests for opinions and interpretations
concerning the Code of Official Conduct or any other statute
or regulation under the jurisdiction of the Select
Committee, if one member of the quorum is a member of the
majority party and one member of the quorum is a member of
the minority party. During the transaction of routine
business any member of the Select Committee constituting the
quorum shall have the right to postpone further discussion
of a pending matter until such time as a majority of the
members of the Select Committee are present.
(3) The Select Committee may fix a lesser number as a
quorum for the purpose of taking sworn testimony.
(d) (Repealed by S. Res. 271, 96-1, Oct. 31, 1979.)
(e)(1) A member of the Select Committee shall be
ineligible to participate in any initial review or
investigation relating to his own conduct, the conduct of
any officer or employee he supervises, or the conduct of any
employee of any officer he supervises, or relating to any
complaint filed by him, and the determinations and
recommendations of the Select Committee with respect
thereto. For purposes of this subparagraph, a Member of the
Select Committee and an officer of the Senate shall be
deemed to supervise any officer or employee consistent with
the provision of paragraph 11 of rule XXXVII\1\ of the
Standing Rules of the Senate.
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\1\Changed from ``paragraph 12 of rule XLV'' as a result
of the adoption of S. Res. 274, 96-1, Nov. 14, 1979; further
changed from ``paragraph 11 of rule XLV'' as a result of the
adoption of S. Res. 389, 96-2, Mar. 25, 1980.
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(2) A member of the Select Committee may, at his
discretion, disqualify himself from participating in any
initial review or investigation pending before the Select
Committee and the determinations and recommendations of the
Select Committee with respect thereto. Notice of such
disqualification shall be given in writing to the President
of the Senate.
(3) Whenever any member of the Select Committee is
ineligible under paragraph (1) to participate in any initial
review or investigation or disqualifies himself under
paragraph (2) from participating in any initial review or
investigation, another Member of the Senate shall, subject
to the provisions of subsection (d), be appointed to serve
as a member of the Select Committee solely for purposes of
such initial review or investigation and the determinations
and recommendations of the Select Committee with respect
thereto. Any Member of the Senate appointed for such
purposes shall be of the same party as the Member who is
ineligible or disqualifies himself.
Sec. 2. (a) It shall be the duty of the Select Committee
to--
(1) receive complaints and investigate
allegations of improper conduct which may reflect
upon the Senate, violations of law, violations of
the Senate Code of Official Conduct, and violations
of rules and regulations of the Senate, relating to
the conduct of individuals in the performance of
their duties as Members of the Senate, or as
officers or employees of the Senate, and to make
appropriate findings of fact and conclusions with
respect thereto;
(2) recommend to the Senate by report or
resolution by a majority vote of the full committee
disciplinary action (including, but not limited to,
in the case of a Member: censure, expulsion, or
recommendation to the appropriate party conference
regarding such Member's seniority or positions of
responsibility; and, in the case of an officer or
employee: suspension or dismissal) to be taken with
respect to such violations which the Select
Committee shall determine, after according to the
individuals concerned due notice and opportunity for
hearing, to have occurred;
(3) recommend to the Senate, by report or
resolution, such additional rules or regulations as
the Select Committee shall determine to be necessary
or desirable to insure proper standards of conduct
by Members of the Senate, and by officers or
employees of the Senate, in the performance of their
duties and the discharge of their responsibilities;
and
(4) report violations by a majority vote of the
full committee of any law to the proper Federal and
State authorities.
(b)(1) Each sworn complaint filed with the Select
Committee shall be in writing, shall be in such form as the
Select Committee may prescribe by regulation, and shall be
under oath.
(2) For purposes of this section, ``sworn complaint''
means a statement of facts within the personal knowledge of
the complainant alleging a violation of law, the Senate Code
of Official Conduct, or any other rule or regulation of the
Senate relating to the conduct of individuals in the
performance of their duties as Members, officers, or
employees of the Senate.
(3) Any person who knowingly and willfully swears
falsely to a sworn complaint does so under penalty of
perjury, and the Select Committee may refer any such case to
the Attorney General for prosecution.
(4) For the purposes of this section, ``investigation''
is a proceeding undertaken by the Select Committee after a
finding, on the basis of an initial review, that there is
substantial credible evidence which provides substantial
cause for the Select Committee to conclude that a violation
within the jurisdiction of the Select Committee has
occurred.
(c)(1) No investigation of conduct of a Member or
officer of the Senate, and no report, resolution, or
recommendation relating thereto, may be made unless approved
by the affirmative recorded vote of not less than four
members of the Select Committee.
(2) No other resolution, report, recommendation,
interpretative ruling, or advisory opinion may be made
without an affirmative vote of a majority of the members of
the Select Committee voting.
(d)(1) When the Select Committee receives a sworn
complaint against a Member or officer of the Senate, it
shall promptly conduct an initial review of that complaint.
The initial review shall be of duration and scope necessary
to determine whether there is substantial credible evidence
which provides substantial cause for the Select Committee to
conclude that a violation within the jurisdiction of the
Select Committee has occurred.
(2) If as a result of an initial review under paragraph
(1), the Select Committee determines by a recorded vote that
there is not such substantial credible evidence, the Select
Committee shall report such determination to the complainant
and to the party charged, together with an explanation of
the basis of such determination.
(3) If as a result of an initial review under paragraph
(1), the Select Committee determines that a violation is
inadvertent, technical, or otherwise of a de minimis nature,
the Select Committee may attempt to correct or prevent such
a violation by informal methods.
(4) If as the result of an initial review under
paragraph (1), the Select Committee determines that there is
such substantial credible evidence but that the violation,
if proven, is neither of a de minimis nature nor
sufficiently serious to justify any of the penalties
expressly referred to in subsection (a)(2), the Select
Committee may propose a remedy it deems appropriate. If the
matter is thereby resolved, a summary of the Select
Committee's conclusions and the remedy proposed shall be
filed as a public record with the Secretary of the Senate
and a notice of such filing shall be printed in the
Congressional Record.
(5) If as the result of an initial review under
paragraph (1), the Select Committee determines that there is
such substantial credible evidence, the Select Committee
shall promptly conduct an investigation if (A) the
violation, if proven, would be sufficiently serious, in the
judgment of the Select Committee, to warrant imposition of
one or more of the penalties expressly referred to in
subsection (a)(2), or (B) the violation, if proven, is less
serious, but was not resolved pursuant to paragraph (4)
above. Upon the conclusion of such investigation, the Select
Committee shall report to the Senate, as soon as
practicable, the results of such investigation together with
its recommendations (if any) pursuant to subsection (a)(2).
(6) Upon the conclusion of any other investigation
respecting the conduct of a Member or officer undertaken by
the Select Committee, the Select Committee shall report to
the Senate, as soon as practicable, the results of such
investigation together with its recommendations (if any)
pursuant to subsection (a)(2).
(e) When the Select Committee receives a sworn complaint
against an employee of the Senate, it shall consider the
complaint according to procedures it deems appropriate. If
the Select Committee determines that the complaint is
without substantial merit, it shall notify the complainant
and the accused of its determination, together with an
explanation of the basis of such determination.
(f) The Select Committee may, in its discretion, employ
hearing examiners to hear testimony and make findings of
fact and/or recommendations to the Select Committee
concerning the disposition of complaints.
(g) Notwithstanding any other provision of this section,
no initial review or investigation shall be made of any
alleged violation of any law, the Senate Code of Official
Conduct, rule, or regulation which was not in effect at the
time the alleged violation occurred. No provision of the
Senate Code of Official Conduct shall apply to or require
disclosure of any act, relationship, or transaction which
occurred prior to the effective date of the applicable
provision of the Code. The Select Committee may conduct an
initial review or investigation of any alleged violation of
a rule or law which was in effect prior to the enactment of
the Senate Code of Official Conduct if the alleged violation
occurred while such rule or law was in effect and the
violation was not a matter resolved on the merits by the
predecessor Select Committee.
(h) The Select Committee shall adopt written rules
setting forth procedures to be used in conducting
investigations of complaints.
(i) The Select Committee from time to time shall
transmit to the Senate its recommendation as to any
legislative measures which it may consider to be necessary
for the effective discharge of its duties.
Sec. 3. (a) The Select Committee is authorized to (1)
make such expenditures; (2) hold such hearings; (3) sit and
act at such times and places during the sessions, recesses,
and adjournment periods of the Senate; (4) require by
subpoena or otherwise the attendance of such witnesses and
the production of such correspondence, books, papers, and
documents; (5) administer such oaths; (6) take such
testimony orally or by deposition; (7) employ and fix the
compensation of a staff director, a counsel, an assistant
counsel, one or more investigators, one or more hearing
examiners, and such technical, clerical, and other
assistants and consultants as it deems advisable; and (8) to
procure the temporary services (not in excess of one year)
or intermittent services of individual consultants, or
organizations thereof, 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 rate of compensation which may be
paid to a regular employee of the Select Committee.
(b)(1) The Select Committee is authorized to retain and
compensate counsel not employed by the Senate (or by any
department or agency of the executive branch of the
Government) whenever the Select Committee determines that
the retention of outside counsel is necessary or appropriate
for any action regarding any complaint or allegation, which,
in the determination of the Select Committee is more
appropriately conducted by counsel not employed by the
Government of the United States as a regular employee.
(2) Any investigation conducted under section 2 shall be
conducted by outside counsel as authorized in paragraph (1),
unless the Select Committee determines not to use outside
counsel.
(c) With the prior consent of the department or agency
concerned, the Select Committee may (1) utilize the
services, information, and facilities of any such department
or agency of the Government, and (2) employ on a
reimbursable basis or otherwise the services of such
personnel of any such department or agency as it deems
advisable. With the consent of any other committee of the
Senate, or any subcommittee thereof, the Select Committee
may utilize the facilities and the services of the staff of
such other committee or subcommittee whenever the chairman
of the Select Committee determines that such action is
necessary and appropriate.
(d) Subpoenas may be issued (1) by the Select Committee
or (2) by the chairman and vice chairman, acting jointly.
Any such subpoena shall be signed by the chairman or the
vice chairman and may be served by any person designated by
such chairman or vice chairman. The chairman of the Select
Committee or any member thereof may administer oaths to
witnesses.
(e)(1) The Select Committee shall prescribe and publish
such regulations as it feels are necessary to implement the
Senate Code of Official Conduct.
(2) The Select Committee is authorized to issue
interpretative rulings explaining and clarifying the
application of any law, the Code of Official Conduct, or any
rule or regulation of the Senate within its jurisdiction.
(3) The Select Committee shall render an advisory
opinion, in writing within a reasonable time, in response to
a written request by a Member or officer of the Senate or a
candidate for nomination for election, or election to the
Senate, concerning the application of any law, the Senate
Code of Official Conduct, or any rule or regulation of the
Senate within its jurisdiction to a specific factual
situation pertinent to the conduct or proposed conduct of
the person seeking the advisory opinion.
(4) The Select Committee may in its discretion render an
advisory opinion in writing within a reasonable time in
response to a written request by any employee of the Senate
concerning the application of any law, the Senate Code of
Official Conduct, or any rule or regulation of the Senate
within its jurisdiction to a specific factual situation
pertinent to the conduct or proposed conduct of the person
seeking the advisory opinion.
(5) Notwithstanding any provision of the Senate Code of
Official Conduct or any rule or regulation of the Senate,
any person who relies upon any provision or finding of an
advisory opinion in accordance with the provisions of
paragraphs (3) and (4) 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 by the Senate.
(6) Any advisory opinion rendered by the Select
Committee under paragraphs (3) and (4) may be relied upon by
(A) any person involved in the specific transaction or
activity with respect to which such advisory opinion is
rendered: Provided, however, That the request for such
advisory opinion included a complete and accurate statement
of the specific factual situation; and (B) any person
involved in any specific transaction or activity which is
indistinguishable in all its material aspects from the
transaction or activity with respect to which such advisory
opinion is rendered.
(7) Any advisory opinion issued in response to a request
under paragraph (3) or (4) shall be printed in the
Congressional Record with appropriate deletions to assure
the privacy of the individual concerned. The Select
Committee shall to the extent practicable, before rendering
an advisory opinion, provide any interested party with an
opportunity to transmit written comments to the Select
Committee with respect to the request for such advisory
opinion. The advisory opinions issued by the Select
Committee shall be compiled, indexed, reproduced, and made
available on a periodic basis.
(8) A brief description of a waiver granted under
section 102(a)(2)(B) of Title I of Ethics in Government Act
of 1978\1\ or paragraph 1 of rule XXXV\2\ of the Standing
Rules of the Senate shall be made available upon request in
the Select Committee office with appropriate deletions to
assure the privacy of the individual concerned.
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\1\Changed from ``paragraph 2(c), of rule XLII'' as a
result of the adoption of S. Res. 220, 96-1, Aug. 3, 1979.
\2\Changed from ``paragraph 1 of rule XLIII'' as a
result of the adoption of S. Res. 389, 96-2, Mar. 25, 1980.
---------------------------------------------------------------------------
Sec. 4. The expenses of the Select Committee under this
resolution shall be paid from the contingent fund of the
Senate upon vouchers approved by the chairman of the Select
Committee.
Sec. 5. As used in this resolution, the term ``officer
or employee of the Senate'' means--
(1) an elected officer of the Senate who is not
a Member of the Senate;
(2) an employee of the Senate, any committee or
subcommittee of the Senate, or any Member of the
Senate;
(3) the Legislative Counsel of the Senate or any
employee of his office;
(4) an Official Reporter of Debates of the
Senate and any person employed by the Official
Reporters of Debates of the Senate in connection
with the performance of their official duties;
(5) a member of the Capitol Police force whose
compensation is disbursed by the Secretary of the
Senate;
(6) an employee of the Vice President if such
employee's compensation is disbursed by the
Secretary of the Senate;
(7) an employee of a joint committee of the
Congress whose compensation is disbursed by the
Secretary of the Senate.
[S. Res. 338, 88-2, July 24, 1964; S. Res. 368, 93-2, July
25, 1974; S. Res. 4, 95-1, Feb. 4, 1977; S. Res. 110, 95-1,
Apr. 1, 1977; S. Res. 230, 95-1, July 25, 1977; S. Res. 312,
95-1, Nov. 1, 1977; S. Res. 271, 96-1, Oct. 31, 1979; S.
Res. 78, 97-1, Feb. 24, 1981.]
78 SELECT COMMITTEE ON ETHICS--ADDITIONAL RESPONSIBILITY
Resolved, That the Senate assigns responsibility for
administering the reporting requirements of Title I of the
Ethics in Government Act of 1978 to the Select Committee on
Ethics.
[S. Res. 223, 96-1, Aug. 2, 1979.]
79 SELECT COMMITTEE ON ETHICS--CHAIRMAN AND VICE-CHAIRMAN
LEGISLATIVE ASSISTANTS CLERK-HIRE ALLOWANCE
Resolved, That effective October 31, 1979, service of a
Senator as the chairman or ranking minority member of the
Select Committee on Ethics shall not be taken into account
for purposes of applying section 111(b) of the Legislative
Branch Appropriation Act, 1978.
[S. Res. 290, 96-1, Nov. 27, 1979.]
80 AUTHORIZING THE SELECT COMMITTEE ON ETHICS TO PROVIDE
TRAINING ASSISTANCE TO ITS PROFESSIONAL STAFF
Resolved, That the Select Committee on Ethics
(hereinafter referred to as the ``Select Committee'') is
authorized, with the approval of the Committee on Rules and
Administration, to provide assistance for members of its
professional staff in obtaining specialized training,
whenever the Select Committee determines that such training
will aid it in the discharge of its responsibilities.
Sec. 2. (a) Assistance provided under authority of this
resolution 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.
(b) The Select Committee shall obtain from any employee
receiving such assistance such agreement with respect to
continued employment with the Select Committee as it may
deem necessary to assure that it will receive the benefits
of such employee's services upon completion of his training.
Sec. 3. The expenses of the Select Committee in
providing assistance under authority of this resolution
shall be paid from the contingent fund of the Senate upon
vouchers approved by the chairman of the Select Committee.
[S. Res. 425, 97-2, Aug. 12, 1982.]
81 SELECT COMMITTEE ON INTELLIGENCE
Resolved, That it is the purpose of this resolution to
establish a new select committee of the Senate, to be known
as the Select Committee on Intelligence, to oversee and make
continuing studies of the intelligence activities and
programs of the United States Government, and to submit to
the Senate appropriate proposals for legislation and report
to the Senate concerning such intelligence activities and
programs. In carrying out this purpose, the Select Committee
on Intelligence shall make every effort to assure that the
appropriate departments and agencies of the United States
provide informed and timely intelligence necessary for the
executive and legislative branches to make sound decisions
affecting the security and vital interests of the Nation. It
is further the purpose of this resolution to provide
vigilant legislative oversight over the intelligence
activities of the United States to assure that such
activities are in conformity with the Constitution and laws
of the United States.
Sec. 2. (a)(1) There is hereby established a select
committee to be known as the Select Committee on
Intelligence (hereinafter in this resolution referred to as
the ``select committee''). The select committee shall be
composed of not to exceed fifteen Members appointed as
follows:
(A) two members from the Committee on
Appropriations;
(B) two members from the Committee on Armed
Services;
(C) two members from the Committee on Foreign
Relations;
(D) two members from the Committee on the
Judiciary; and
(E) not to exceed seven members to be appointed
from the Senate at large.
(2) Members appointed from each committee named in
clauses (A) through (D) of paragraph (1) shall be evenly
divided between the two major political parties and shall be
appointed by the President pro tempore of the Senate upon
the recommendations of the majority and minority leaders of
the Senate. Of any members appointed under paragraph (1)(E),
the majority leader shall appoint the majority members and
the minority leader shall appoint the minority members, with
the majority having a one vote margin.
(3)(A) The majority leader of the Senate and the
minority leader of the Senate shall be ex officio members of
the select committee but shall have no vote in the Committee
and shall not be counted for purposes of determining a
quorum.
(B) The Chairman and Ranking Member of the Committee on
Armed Services (if not already a member of the select
Committee) shall be ex officio members of the select
Committee but shall have no vote in the Committee and shall
not be counted for purposes of determining a quorum.
(b) At the beginning of each Congress, the Majority
Leader of the Senate shall select a chairman of the select
Committee and the Minority Leader shall select a vice
chairman for the select Committee. The vice chairman shall
act in the place and stead of the chairman in the absence of
the chairman. Neither the chairman nor the vice chairman of
the select committee shall at the same time serve as
chairman or ranking minority member of any other committee
referred to in paragraph 4(e)(1) of rule XXV of the Standing
Rules of the Senate.
(c) The select Committee may be organized into
subcommittees. Each subcommittee shall have a chairman and a
vice chairman who are selected by the Chairman and Vice
Chairman of the select Committee, respectively.
Sec. 3. (a) There shall be referred to the select
committee all proposed legislation, messages, petitions,
memorials, and other matters relating to the following:
(1) The Office of the Director of National
Intelligence and the Director of National
Intelligence.
(2) The Central Intelligence Agency and the
Director of the Central Intelligence Agency.
(3) Intelligence activities of all other
departments and agencies of the Government,
including, but not limited to, the intelligence
activities of the Defense Intelligence Agency, the
National Security Agency, and other agencies of the
Department of Defense; the Department of State; the
Department of Justice; and the Department of the
Treasury.
(4) The organization or reorganization of any
department or agency of the Government to the extent
that the organization or reorganization relates to a
function or activity involving intelligence
activities.
(5) Authorizations for appropriations, both
direct and indirect, for the following:
(A) The Office of the Director of
National Intelligence and the Director of
National Intelligence.
(B) The Central Intelligence Agency and
the Director of the Central Intelligence
Agency.
(C) The Defense Intelligence Agency.
(D) The National Security Agency.
(E) The intelligence activities of other
agencies and subdivisions of the Department
of Defense.
(F) The intelligence activities of the
Department of State.
(G) The intelligence activities of the
Federal Bureau of Investigation.
(H) Any department, agency, or
subdivision which is the successor to any
agency named in clause (A), (B), (C) or (D);
and the activities of any department,
agency, or subdivision which is the
successor to any department, agency, bureau,
or subdivision named in clause (E), (F), or
(G) to the extent that the activities of
such successor department, agency, or
subdivision are activities described in
clause (E), (F), or (G).
(b)(1) Any proposed legislation reported by the select
Committee except any legislation involving matters specified
in clause (1), (2), (5)(A), or (5)(B) of subsection (a),
containing any matter otherwise within the jurisdiction of
any standing committee shall, at the request of the chairman
of such standing committee, be referred to such standing
committee for its consideration of such matter and be
reported to the Senate by such standing committee within 10
days after the day on which such proposed legislation, in
its entirety and including annexes, is referred to such
standing committee; and any proposed legislation reported by
any committee, other than the select Committee, which
contains any matter within the jurisdiction of the select
Committee shall, at the request of the chairman of the
select Committee, be referred to the select Committee for
its consideration of such matter and be reported to the
Senate by the select Committee within 10 days after the day
on which such proposed legislation, in its entirety and
including annexes, is referred to such committee.
(2) In any case in which a committee fails to report any
proposed legislation referred to it within the time limit
prescribed in this subsection, such Committee shall be
automatically discharged from further consideration of such
proposed legislation on the 10th day following the day on
which such proposed legislation is referred to such
committee unless the Senate provides otherwise, or the
Majority Leader or Minority Leader request, prior to that
date, an additional 5 days on behalf of the Committee to
which the proposed legislation was sequentially referred. At
the end of that additional 5 day period, if the Committee
fails to report the proposed legislation within that 5 day
period, the Committee shall be automatically discharged from
further consideration of such proposed legislation unless
the Senate provides otherwise.
(3) In computing any 10 or 5 day period under this
subsection there shall be excluded from such computation any
days on which the Senate is not in session.
(4) The reporting and referral processes outlined in
this subsection shall be conducted in strict accordance with
the Standing Rules of the Senate. In accordance with such
rules, committees to which legislation is referred are not
permitted to make changes or alterations to the text of the
referred bill and its annexes, but may propose changes or
alterations to the same in the form of amendments.
(c) Nothing in this resolution shall be construed as
prohibiting or otherwise restricting the authority of any
other committee to study and review any intelligence
activity to the extent that such activity directly affects a
matter otherwise within the jurisdiction of such committee.
(d) Nothing in this resolution shall be construed as
amending, limiting, or otherwise changing the authority of
any standing committee of the Senate to obtain full and
prompt access to the product of the intelligence activities
of any department or agency of the Government relevant to a
matter otherwise within the jurisdiction of such committee.
Sec. 4. (a) The select committee, for the purposes of
accountability to the Senate, shall make regular and
periodic, but not less than quarterly, reports to the Senate
on the nature and extent of the intelligence activities of
the various departments and agencies of the United States.
Such committee shall promptly call to the attention of the
Senate or to any other appropriate committee or committees
of the Senate any matters requiring the attention of the
Senate or such other committee or committees. In making such
report, the select committee shall proceed in a manner
consistent with section 8(c)(2) to protect national
security.
(b) The select committee shall obtain an annual report
from the Director of National Intelligence, the Director of
the Central Intelligence Agency, the Secretary of Defense,
the Secretary of State, and the Director of the Federal
Bureau of Investigation. Such reports shall review the
intelligence activities of the agency or department
concerned and the intelligence activities of foreign
countries directed at the United States or its interest. An
unclassified version of each report may be made available to
the public at the discretion of the select committee.
Nothing herein shall be construed as requiring the public
disclosure in such reports of the names of individuals
engaged in intelligence activities for the United States or
the divulging of intelligence methods employed or the
sources of information on which such reports are based or
the amount of funds authorized to be appropriated for
intelligence activities.
(c) On or before March 15 of each year, the select
committee shall submit to the Committee on the Budget of the
Senate the views and estimates described in section 301(c)
of the Congressional Budget Act of 1974 regarding matters
within the jurisdiction of the select committee.
Sec. 5. (a) For the purposes of this resolution, the
select committee is authorized in its discretion (1) to make
investigations into any matter within its jurisdiction, (2)
to make expenditures from the contingent fund of the Senate,
(3) to employ personnel, (4) to hold hearings, (5) to sit
and act at any time or place during the sessions, recesses,
and adjourned periods of the Senate, (6) to require, by
subpoena or otherwise, the attendance of witnesses and the
production of correspondence, books, papers, and documents,
(7) to take depositions and other testimony, (8) to procure
the service of individual consultants or organizations
thereof, in accordance with the provisions of section 202(i)
of the Legislative Reorganization Act of 1946, and (9) 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.
(b) The chairman of the select committee or any member
thereof may administer oaths to witnesses.
(c) Subpoenas authorized by the select committee may be
issued over the signature of the chairman, the vice chairman
or any member of the select committee designated by the
chairman, and may be served by any person designated by the
chairman or any member signing the subpoenas.
Sec. 6. No employee of the select committee or any
person engaged by contract or otherwise to perform services
for or at the request of such committee shall be given
access to any classified information by such committee
unless such employee or person has (1) agreed in writing and
under oath to be bound by the rules of the Senate (including
the jurisdiction of the Select Committee on Ethics) and of
such committee as to the security of such information during
and after the period of his employment or contractual
agreement with such committee; and (2) received an
appropriate security clearance as determined by such
committee in consultation with the Director of National
Intelligence. The type of security clearance to be required
in the case of any such employee or person shall, within the
determination of such committee in consultation with the
Director of National Intelligence, be commensurate with the
sensitivity of the classified information to which such
employee or person will be given access by such committee.
Sec. 7. The select committee shall formulate and carry
out such rules and procedures as it deems necessary to
prevent the disclosure, without the consent of the person or
persons concerned, of information in the possession of such
committee which unduly infringes upon the privacy or which
violates the constitutional rights of such person or
persons. Nothing herein shall be construed to prevent such
committee from publicly disclosing any such information in
any case in which such committee determines the national
interest in the disclosure of such information clearly
outweighs any infringement on the privacy of any person or
persons.
Sec. 8. (a) The select committee may, subject to the
provisions of this section, disclose publicly any
information in the possession of such committee after a
determination by such committee that the public interest
would be served by such disclosure. Whenever committee
action is required to disclose any information under this
section, the committee shall meet to vote on the matter
within five days after any member of the committee requests
such a vote. No member of the select committee shall
disclose any information, the disclosure of which requires a
committee vote, prior to a vote by the committee on the
question of the disclosure of such information or after such
vote except in accordance with this section.
(b)(1) In any case in which the select committee votes
to disclose publicly any information which has been
classified under established security procedures, which has
been submitted to it by the Executive branch, and which the
Executive branch requests be kept secret, such committee
shall--
(A) first, notify the Majority Leader and
Minority Leader of the Senate of such vote; and
(B) second, consult with the Majority Leader and
Minority Leader before notifying the President of
such vote.
(2) The select committee may disclose publicly such
information after the expiration of a five-day period
following the day on which notice of such vote is
transmitted to the Majority Leader and the Minority Leader
and the President, unless, prior to the expiration of such
five-day period, the President, personally in writing,
notifies the committee that he objects to the disclosure of
such information, provides his reasons therefore, and
certifies that the threat to the national interest of the
United States posed by such disclosure is of such gravity
that it outweighs any public interest in the disclosure.
(3) If the President, personally, in writing, notifies
the Majority Leader and Minority Leader of the Senate and
the select Committee of his objections to the disclosure of
such information as provided in paragraph (2), the Majority
Leader and Minority Leader jointly or the select Committee,
by majority vote, may refer the question of the disclosure
of such information to the Senate for consideration.
(4) Whenever the select committee votes to refer the
question of disclosure of any information to the Senate
under paragraph (3), the Chairman shall not later than the
first day on which the Senate is in session following the
day on which the vote occurs, report the matter to the
Senate for its consideration.
(5) One hour after the Senate convenes on the fourth day
on which the Senate is in session following the day on which
any such matter is reported to the Senate, or at such
earlier time as the majority leader and the minority leader
of the Senate jointly agree upon in accordance with
paragraph 5 of rule XVII of the Standing Rules of the
Senate, the Senate shall go into closed session and the
matter shall be the pending business. In considering the
matter in closed session the Senate may--
(A) approve the public disclosure of all or any
portion of the information in question, in which
case the committee shall publicly disclose the
information ordered to be disclosed,
(B) disapprove the public disclosure of all or
any portion of the information in question, in which
case the committee shall not publicly disclose the
information ordered not to be disclosed, or
(C) refer all or any portion of the matter back
to the committee, in which case the committee shall
make the final determination with respect to the
public disclosure of the information in question.
Upon conclusion of the consideration of such matter in
closed session, which may not extend beyond the close of the
ninth day on which the Senate is in session following the
day on which such matter was reported to the Senate, or the
close of the fifth day following the day agreed upon jointly
by the majority and minority leaders in accordance with
paragraph 5 of rule XVII of the Standing Rules of the Senate
(whichever the case may be), the Senate shall immediately
vote on the disposition of such matter in open session,
without debate, and without divulging the information with
respect to which the vote is being taken. The Senate shall
vote to dispose of such matter by one or more of the means
specified in clauses (A), (B), and (C) of the second
sentence of this paragraph. Any vote of the Senate to
disclose any information pursuant to this paragraph shall be
subject to the right of a Member of the Senate to move for
reconsideration of the vote within the time and pursuant to
the procedures specified in rule XIII of the Standing Rules
of the Senate, and the disclosure of such information shall
be made consistent with that right.
(c)(1) No information in the possession of the select
committee relating to the lawful intelligence activities of
any department or agency of the United States which has been
classified under established security procedures and which
the select committee, pursuant to subsection (a) or (b) of
this section, has determined should not be disclosed shall
be made available to any person by a Member, officer, or
employee of the Senate except in a closed session of the
Senate or as provided in paragraph (2).
(2) The select committee may, under such regulations as
the committee shall prescribe to protect the confidentiality
of such information, make any information described in
paragraph (1) available to any other committee or any other
Member of the Senate. Whenever the select committee makes
such information available, the committee shall keep a
written record showing, in the case of any particular
information, which committee or which Members of the Senate
received such information. No Member of the Senate who, and
no committee which, receives any information under this
subsection, shall disclose such information except in a
closed session of the Senate.
(d) It shall be the duty of the Select Committee on
Ethics to investigate any unauthorized disclosure of
intelligence information by a Member, officer or employee of
the Senate in violation of subsection (c) and to report to
the Senate concerning any allegation which it finds to be
substantiated.
(e) Upon the request of any person who is subject to any
such investigation, the Select Committee on Ethics shall
release to such individual at the conclusion of its
investigation a summary of its investigation together with
its findings. If, at the conclusion of its investigation,
the Select Committee on Ethics determines that there has
been a significant breach of confidentiality or unauthorized
disclosure by a Member, officer, or employee of the Senate,
it shall report its findings to the Senate and recommend
appropriate action such as censure, removal from committee
membership, or expulsion from the Senate, in the case of a
Member, or removal from office or employment or punishment
for contempt, in the case of an officer or employee.
Sec. 9. The select committee is authorized to permit any
personal representative of the President, designated by the
President to serve as a liaison to such committee, to attend
any closed meeting of such committee.
Sec. 10. Upon expiration of the Select Committee on
Governmental Operations With Respect to Intelligence
Activities, established by Senate Resolution 21, Ninety-
fourth Congress, all records, files, documents, and other
materials in the possession, custody, or control of such
committee, under appropriate conditions established by it,
shall be transferred to the select committee.
Sec. 11. (a) It is the sense of the Senate that the head
of each department and agency of the United States should
keep the select committee fully and currently informed with
respect to intelligence activities, including any
significant anticipated activities, which are the
responsibility of or engaged in by such department or
agency: Provided, That this does not constitute a condition
precedent to the implementation of any such anticipated
intelligence activity.
(b) It is the sense of the Senate that the head of any
department or agency of the United States involved in any
intelligence activities should furnish any information or
document in the possession, custody, or control of the
department or agency, or person paid by such department or
agency, whenever requested by the select committee with
respect to any matter within such committee's jurisdiction.
(c) It is the sense of the Senate that each department
and agency of the United States should report immediately
upon discovery to the select committee any and all
intelligence activities which constitute violations of the
constitutional rights of any person, violations of law, or
violations of Executive orders, Presidential directives, or
departmental or agency rules or regulations; each department
and agency should further report to such committee what
actions have been taken or are expected to be taken by the
departments or agencies with respect to such violations.
Sec. 12. Subject to the Standing Rules of the Senate, no
funds shall be appropriated for any fiscal year beginning
after September 30, 1976, with the exception of a continuing
bill or resolution, or amendment thereto, or conference
report thereon, to, or for use of, any department or agency
of the United States to carry out any of the following
activities, unless such funds shall have been previously
authorized by a bill or joint resolution passed by the
Senate during the same or preceding fiscal year to carry out
such activity for such fiscal year:
(1) The activities of the Office of the Director
of National Intelligence and the Director of
National Intelligence.
(2) The activities of the Central Intelligence
Agency and the Director of the Central Intelligence
Agency.
(3) The activities of the Defense Intelligence
Agency.
(4) The activities of the National Security
Agency.
(5) The intelligence activities of other
agencies and subdivisions of the Department of
Defense.
(6) The intelligence activities of the
Department of State.
(7) The intelligence activities of the Federal
Bureau of Investigation.
Sec. 13. (a) The select committee shall make a study
with respect to the following matters, taking into
consideration with respect to each such matter, all relevant
aspects of the effectiveness of planning, gathering, use,
security, and dissemination of intelligence:
(1) the quality of the analytical capabilities
of United States foreign intelligence agencies and
means for integrating more closely analytical
intelligence and policy formulation;
(2) the extent and nature of the authority of
the departments and agencies of the Executive branch
to engage in intelligence activities and the
desirability of developing charters for each
intelligence agency or department;
(3) the organization of intelligence activities
in the Executive branch to maximize the
effectiveness of the conduct, oversight, and
accountability of intelligence activities; to reduce
duplication or overlap; and to improve the morale of
the personnel of the foreign intelligence agencies;
(4) the conduct of covert and clandestine
activities and the procedures by which Congress is
informed of such activities;
(5) the desirability of changing any law, Senate
rule or procedure, or any Executive order, rule, or
regulation to improve the protection of intelligence
secrets and provide for disclosure of information
for which there is no compelling reason for secrecy;
(6) the desirability of establishing a standing
committee of the Senate on intelligence activities;
(7) the desirability of establishing a joint
committee of the Senate and the House of
Representatives on intelligence activities in lieu
of having separate committees in each House of
Congress, or of establishing procedures under which
separate committees on intelligence activities of
the two Houses of Congress would receive joint
briefings from the intelligence agencies and
coordinate their policies with respect to the
safeguarding of sensitive intelligence information;
(8) the authorization of funds for the
intelligence activities of the Government and
whether disclosure of any of the amounts of such
funds is in the public interest; and
(9) the development of a uniform set of
definitions for terms to be used in policies or
guidelines which may be adopted by the executive or
legislative branches to govern, clarify, and
strengthen the operation of intelligence activities.
(b) The select committee may, in its discretion, omit
from the special study required by this section any matter
it determines has been adequately studied by the Select
Committee To Study Governmental Operations With Respect to
Intelligence Activities, established by Senate Resolution
21, Ninety-fourth Congress.
(c) The select committee shall report the results of the
study provided for by this section to the Senate, together
with any recommendations for legislative or other actions it
deems appropriate, no later than July 1, 1977, and from time
to time thereafter as it deems appropriate.
Sec. 14. (a) As used in this resolution, the term
``intelligence activities'' includes (1) the collection,
analysis, production, dissemination, or use of information
which relates to any foreign country, or any government,
political group, party, military force, movement, or other
association in such foreign country, and which relates to
the defense, foreign policy, national security, or related
policies of the United States, and other activity which is
in support of such activities; (2) activities taken to
counter similar activities directed against the United
States; (3) covert or clandestine activities affecting the
relations of the United States with any foreign government,
political group, party, military force, movement or other
association; (4) the collection, analysis, production,
dissemination, or use of information about activities of
persons within the United States, its territories and
possessions, or nationals of the United States abroad whose
political and related activities pose, or may be considered
by any department, agency, bureau, office, division,
instrumentality, or employee of the United States to pose, a
threat to the internal security of the United States, and
covert or clandestine activities directed against such
persons. Such term does not include tactical foreign
military intelligence serving no national policymaking
function.
(b) As used in this resolution, the term ``department or
agency'' includes any organization, committee, council,
establishment, or office within the Federal Government.
(c) For purposes of this resolution, reference to any
department, agency, bureau, or subdivision shall include a
reference to any successor department, agency, bureau, or
subdivision to the extent that such successor engages in
intelligence activities now conducted by the department,
agency, bureau, or subdivision referred to in this
resolution.
Sec. 15. (a) In addition to other committee staff
selected by the select Committee, the select Committee shall
hire or appoint one employee for each member of the select
Committee to serve as such Member's designated
representative on the select Committee. The select Committee
shall only hire or appoint an employee chosen by the
respective Member of the select Committee for whom the
employee will serve as the designated representative on the
select Committee.
(b) The select Committee shall be afforded a supplement
to its budget, to be determined by the Committee on Rules
and Administration, to allow for the hire of each employee
who fills the position of designated representative to the
select Committee. The designated representative shall have
office space and appropriate office equipment in the select
Committee spaces. Designated personal representatives shall
have the same access to Committee staff, information,
records, and databases as select Committee staff, as
determined by the Chairman and Vice Chairman.
(c) The designated employee shall meet all the
requirements of relevant statutes, Senate rules, and
committee security clearance requirements for employment by
the select Committee.
(d) Of the funds made available to the select Committee
for personnel--
(1) not more than 60 percent shall be under the
control of the Chairman; and
(2) not less than 40 percent shall be under the
control of the Vice Chairman.
Sec. 16. Nothing in this resolution shall be construed
as constituting acquiescence by the Senate in any practice,
or in the conduct of any activity, not otherwise authorized
by law.
Sec. 17. (a)(1) Except as otherwise provided in
subsection (b), the select Committee shall have jurisdiction
for reviewing, holding hearings, and reporting the
nominations of civilian persons nominated by the President
to fill all positions within the intelligence community
requiring the advice and consent of the Senate.
(2) Other committees with jurisdiction over the
nominees' executive branch department may hold hearings and
interviews with such persons, but only the select Committee
shall report such nominations.
(b)(1) With respect to the confirmation of the Assistant
Attorney General for National Security, or any successor
position, the nomination of any individual by the President
to serve in such position shall be referred to the Committee
on the Judiciary and, if and when reported, to the select
Committee for not to exceed 20 calendar days, except that in
cases when the 20-day period expires while the Senate is in
recess, the select Committee shall have 5 additional
calendar days after the Senate reconvenes to report the
nomination.
(2) If, upon the expiration of the period described in
paragraph (1), the select Committee has not reported the
nomination, such nomination shall be automatically
discharged from the select Committee and placed on the
Executive Calendar.
[S. Res. 400, 94-2, May 19, 1976; S. Res. 4, 95-1, Feb. 8,
1977; S. Res. 445, 108-2, Oct. 9, 2004, Pub. L. 109-177,
Sec. 506. 120 Stat. 247 (2005), and S. Res. 50, 110-1, Feb
14, 2007].
82 HOMELAND SECURITY AND INTELLIGENCE OVERSIGHT
To eliminate certain restrictions on service of a
Senator on the Senate Select Committee on Intelligence.\1\
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\1\Omitted portions amended S. Res. 400, 94-2, May 19,
1976.
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Resolved, It is the purpose of titles I through V of
this resolution to improve the effectiveness of the Senate
Select Committee on Intelligence, especially with regard to
its oversight of the Intelligence Community of the United
States Government, and to improve the Senate's oversight of
homeland security.
Sec. 101. Homeland security.
(a) Committee on Homeland Security and Government
Affairs.--The Committee on Governmental Affairs is renamed
as the Committee on Homeland Security and Governmental
Affairs.
(b) Jurisdiction.--There shall be referred to the
committee all proposed legislation, messages, petitions,
memorials, and other matters relating to the following
subjects:
(1) Department of Homeland Security, except
matters relating to--
(A) the Coast Guard, the Transportation
Security Administration, the Federal Law
Enforcement Training Center or the Secret
Service; and
(B)(i) the United States Citizenship and
Immigration Service; or
(ii) the immigration functions of the
United States Customs and Border Protection
or the United States Immigration and Custom
Enforcement or the Directorate of Border and
Transportation Security; and
(C) the following functions performed by
any employee of the Department of Homeland
Security--
(i) any customs revenue function
including any function provided for in
section 415 of the Homeland Security Act of
2002 (Public Law 107-296);
(ii) any commercial function or
commercial operation of the Bureau of
Customs and Border Protection or Bureau of
Immigration and Customs Enforcement,
including matters relating to trade
facilitation and trade regulation; or
(iii) any other function related to
clause (i) or (ii) that was exercised by the
United States Customs Service on the day
before the effective date of the Homeland
Security Act of 2002 (Public Law 107-296).
The jurisdiction of the Committee on Homeland Security
and Governmental Affairs in this paragraph shall supersede
the jurisdiction of any other committee of the Senate
provided in the rules of the Senate: Provided, That the
jurisdiction provided under section 101(b)(1) shall not
include the National Flood Insurance Act of 1968, or
functions of the Federal Emergency Management Agency related
thereto.
(2) Archives of the United States.
(3) Budget and accounting measures, other than
appropriations, except as provided in the
Congressional Budget Act of 1974.
(4) Census and collection of statistics,
including economic and social statistics.
(5) Congressional organization, except for any
part of the matter that amends the rules or orders
of the Senate.
(6) Federal Civil Service.
(7) Government information.
(8) Intergovernmental relations.
(9) Municipal affairs of the District of
Columbia, except appropriations therefor.
(10) Organization and management of United
States nuclear export policy.
(11) Organization and reorganization of the
executive branch of the Government.
(12) Postal Service.
(13) Status of officers and employees of the
United States, including their classification,
compensation, and benefits.
(c) Additional Duties.--The committee shall have the
duty of--
(1) receiving and examining reports of the
Comptroller General of the United States and of
submitting such recommendations to the Senate as it
deems necessary or desirable in connection with the
subject matter of such reports;
(2) studying the efficiency, economy, and
effectiveness of all agencies and departments of the
Government;
(3) evaluating the effects of laws enacted to
reorganize the legislative and executive branches of
the Government; and
(4) studying the intergovernmental relationships
between the United States and the States and
municipalities, and between the United States and
international organizations of which the United
States is a member.
(d) Jurisdiction of Budget Committee.--Notwithstanding
paragraph (b)(3) of this section, and except as otherwise
provided in the Congressional Budget Act of 1974, the
Committee on the Budget shall have exclusive jurisdiction
over measures affecting the congressional budget process,
which are--
(1) the functions, duties, and powers of the
Budget Committee;
(2) the functions, duties, and powers of the
Congressional Budget Office;
(3) the process by which Congress annually
establishes the appropriate levels of budget
authority, outlays, revenues, deficits or surpluses,
and public debt--including subdivisions thereof--and
including 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 budgetary limits and
timetables;
(4) the limiting of backdoor spending devices;
(5) the timetables for Presidential submission
of appropriations and authorization requests;
(6) the definitions of what constitutes
impoundment--such as ``rescissions'' and
``deferrals'';
(7) the process and determination by which
impoundments must be reported to and considered by
Congress;
(8) the mechanisms to insure Executive
compliance with the provisions of the Impoundment
Control Act, title X--such as GAO review and
lawsuits; and
(9) 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.
(e) OMB Nominees.--The Committee on the Budget and the
Committee on Homeland Security and Governmental Affairs
shall have joint jurisdiction over the nominations of
persons nominated by the President to fill the positions of
Director and Deputy Director for Budget within the Office of
Management and Budget, and if one committee votes to order
reported such a nomination, the other must report within 30
calendar days session, or be automatically discharged.
* * * * * * *
Sec. 301. Committee status.
(a) Homeland Security.--The Committee on Homeland
Security and Governmental Affairs shall be treated as the
Committee on Governmental Affairs listed under paragraph 2
of rule XXV of the Standing Rules of the Senate for purposes
of the Standing Rules of the Senate.
(b) Intelligence.--The Select Committee on Intelligence
shall be treated as a committee listed under paragraph 2 of
rule XXV of the Standing Rules of the Senate for purposes of
the Standing Rules of the Senate.
Sec. 401. Subcommittee related to intelligence
oversight.
(a) Establishment.--There is established in the Select
Committee on Intelligence a Subcommittee on Oversight which
shall be in addition to any other subcommittee established
by the select Committee.
(b) Responsibility.--The Subcommittee on Oversight shall
be responsible for ongoing oversight of intelligence
activities.
Sec. 402. Subcommittee related to intelligence
appropriations.
(a) Establishment.--There is established in the
Committee on Appropriations a Subcommittee on Intelligence.
The Committee on Appropriations shall reorganize into 13
subcommittees as soon as possible after the convening of the
109th Congress.
(b) Jurisdiction.--The Subcommittee on Intelligence of
the Committee on Appropriations shall have jurisdiction over
funding for intelligence matters, as determined by the
Senate Committee on Appropriations.
Sec. 501. Effective date.
This resolution shall take effect on the convening of
the 109th Congress.
[S. Res. 445, 108-2, Oct. 9, 2004]
83 REORGANIZATION OF SENATE COMMITTEE SYSTEM\1\
---------------------------------------------------------------------------
\1\Omitted portions amended the Standing Rules of the
Senate and various Senate resolutions, were temporary in
nature, or have been executed.
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Resolved, That this resolution may be cited as the
``Committee System Reorganization Amendments of 1977''.
TITLE 1.--SENATE COMMITTEES; JURISDICTIONS AND SIZES
* * * * * * *
83.1 SPECIAL COMMITTEE ON AGING
Sec. 104. (a)(1) There is established a Special
Committee on Aging (hereafter in this section referred to as
the ``special committee'') which shall consist of
nineteen\2\ members. The members and chairman of the special
committee shall be appointed in the same manner and at the
same time as the members and chairman of a standing
committee of the Senate. After the date on which the
majority and minority members of the special committee are
initially appointed on or after the effective date of Title
I of the Committee System Reorganization Amendments of 1977,
each time a vacancy occurs in the membership of the special
committee, the number of members of the special committee
shall be reduced by one until the number of members of the
special committee consists of nine Senators.
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\2\See paragraph 3(b) of rule XXV of the Standing Rules,
Senate Manual section 25.3b for current membership.
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(2)\3\ For purposes of paragraph 1 of rule XXV;
paragraphs 1, 7(a)(1)-(2), 9, and 10(a) of rule XXVI; and
paragraphs 1(a)-(d), and 2 (a) and (d) of rule XXVII of the
Standing Rules of the Senate; and for purposes of section
202 (i) and (j) of the Legislative Reorganization Act of
1946, the special committee shall be treated as a standing
committee of the Senate.\4\
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\3\The references in this paragraph were changed as a
result of the adoption of S. Res. 274, 96-1, Nov. 14, 1979;
and further changed as a result of the adoption of S. Res.
389, 96-2, Mar. 25, 1980.
\4\As amended, S. Res. 78, 95-1, Feb. 11, 1977; S. Res.
376, 95-2, Mar. 6, 1978.
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(b)(1) It shall be the duty of the special committee to
conduct a continuing study of any and all matters pertaining
to problems and opportunities of older people, including,
but not limited to, problems and opportunities of
maintaining health, of assuring adequate income, of finding
employment, of engaging in productive and rewarding
activity, of securing proper housing, and, when necessary,
of obtaining care or assistance. No proposed legislation
shall be referred to such committee, and such committee
shall not have power to report by bill, or otherwise have
legislative jurisdiction.
(2) The special committee shall, from time to time (but
not less often than once each year), report to the Senate
the results of the study conducted pursuant to paragraph
(1), together with such recommendation as it considers
appropriate.
(c)(1) For the purposes of this section, the special
committee is authorized, in its discretion, (A) to make
investigations into any matter within its jurisdiction, (B)
to make expenditures from the contingent fund of the Senate,
(C) to employ personnel, (D) to hold hearings, (E) to sit
and act at any time or place during the sessions, recesses,
and adjourned periods of the Senate, (F) to require, by
subpoena or otherwise, the attendance of witnesses and the
production of correspondence, books, papers, and documents,
(G) to take depositions and other testimony, (H) to procure
the services of individual consultations or organizations
thereof, in accordance with the provisions of section 202(i)
of the Legislative Reorganization Act of 1946, and (I) 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.
(2) The chairman of the special committee or any member
thereof may administer oaths to witnesses.
(3) Subpoenas authorized by the special committee may be
issued over the signature of the chairman, or any member of
the special committee designated by the chairman, and may be
served by any person designated by the chairman or the
member signing the subpoena.
(d) All records and papers of the temporary Special
Committee on Aging established by Senate Resolution 33,
Eighty-seventh Congress, are transferred to the special
committee.
(e) (Executed.)
83.2 COMMITTEE ON INDIAN AFFAIRS\5\
Sec. 105. (a)(1) There is established a temporary Select
Committee on Indian Affairs (hereafter in this section
referred to as the ``select committee'') which shall consist
of seven\6\ members, four to be appointed by the President
of the Senate, upon the recommendation of the majority
leader, from among members of the majority party and three
to be appointed by the President of the Senate, upon the
recommendation of the minority leader, from among the
members of the minority party. The select committee shall
select a chairman from among its members.
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\5\Name changed from ``Select Committee on Indian
Affairs'' by provision of S. Res. 71, 103-1, Feb. 24, 1993.
\6\See paragraph 3(c) of rule XXV of the Standing Rules,
Senate Manual section 25.3c, for current membership.
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(2) A majority of the members of the committee shall
constitute a quorum thereof for the transaction of business,
except that the select committee may fix a lesser number as
a quorum for the purpose of taking testimony. The select
committee shall adopt rules of procedure not inconsistent
with this section and the rules of the Senate governing
standing committees of the Senate.
(3) Vacancies in the membership of the select committee
shall not affect the authority of the remaining members to
execute the functions of the select committee.
(4) For purposes of paragraph 4\7\ of rule XXV of the
Standing Rules of the Senate, service of a Senator as a
member or chairman of the select committee shall not be
taken into account.
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\7\Changed from ``paragraph 6'' as a result of the
adoption of S. Res. 274, 96-1, Nov. 14, 1979.
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(b)(1) All proposed legislation, messages, petitions,
memorials, and other matters relating to Indian affairs
shall be referred to the select committee.
(2) It shall be the duty of the select committee to
conduct a study of any and all matters pertaining to
problems and opportunities of Indians, including but not
limited to, Indian land management and trust
responsibilities, Indian education, health, special
services, and loan programs, and Indian claims against the
United States.
(3) The select committee shall from time to time report
to the Senate, by bill or otherwise, its recommendations
with respect to matters referred to the select committee or
otherwise within its jurisdiction.
(c)(1) For the purposes of this section, the select
committee is authorized, in its discretion, (A) to make
investigations into any matter within its jurisdiction, (B)
to make expenditures from the contingent fund of the Senate,
(C) to employ personnel, (D) to hold hearings, (E) to sit
and act at any time or place during the sessions, recesses,
and adjourned periods of the Senate, (F) to require, by
subpoena or otherwise, the attendance of witnesses and the
production of correspondence, books, papers, and documents,
(G) to take depositions and other testimony, (H) to procure
the services of individual consultants or organizations
thereof, in accordance with the provisions of section 202(i)
of the Legislative Reorganization Act of 1946, and (I) 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.
(2) The chairman of the select committee or any member
thereof may administer oaths to witnesses.
(3) Subpoenas authorized by the select committee may be
issued over the signature of the chairman, or any member of
the select committee designated by the chairman, and may be
served by any person designated by the chairman or the
member signing the subpoena.
(d) The select committee shall cease to exist on January
2, 1984,\8\ and effective on January 3, 1984, jurisdiction
over the matters specified in subsection (b)(1) and the duty
specified in subsection (b)(2) are transferred to the
Committee on Health, Education, Labor, and Pensions.\9\
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\8\The Senate, by unanimous consent, Nov. 18, 1983,
provided for the continuation of the select committee with
all of its jurisdictional responsibilities until July 1,
1984. S. Res. 127, agreed to June 6, 1984, established the
Select Committee on Indian Affairs as a permanent committee
of the Senate.
\9\Name changed from Committee on Human Resources to
Committee on Labor and Human Resources by S. Res. 30, 96-1,
Mar. 7, 1979. Name changed to Committee on Health,
Education, Labor, and Pensions by S. Res. 28, 106-1, Jan.
21, 1999.
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* * * * * * *
[Sec. 105 of S. Res. 4, 95-1, Feb. 4, 1977; S. Res. 405, 95-
2, Oct. 15, 1978; S. Res. 448, 96-2, Dec. 11, 1980; Cong.
Rec., Nov. 18, 1983; S. Res. 127, 98-2, June 6, 1984.]
83.3 TITLE II.--COMMITTEE ASSIGNMENTS; CHAIRMANSHIPS
Sec. 201. * * *
(f) It is the sense of the Senate that, in adopting
rules, each committee of the Senate should include a
provision to insure that assignment of Senators to
subcommittees will occur in an equitable fashion; namely,
that no member of a committee will receive assignment to a
second subcommittee until, in order of seniority, all
members of the committee have chosen assignments to one
subcommittee, and no member shall receive assignment to a
third subcommittee until, in order of seniority, all members
have chosen assignments to two subcommittees.
* * * * * * *
83.4 TITLE IV.--SCHEDULING OF COMMITTEE MEETINGS
Sec. 401. (a) In consultation with the Majority Leader
and the Minority Leader, the Committee on Rules and
Administration shall establish and maintain a computerized
schedule of all meetings of committees of the Senate and
subcommittees thereof, and of all meetings of joint
committees of the Congress and subcommittees thereof. Such
schedule shall be maintained online to terminals in the
offices of all Senators, committees of the Senate, and
permanent joint committees of the Congress, and shall be
updated immediately upon receipt of notices of meetings or
cancellations thereof under this section.
(b) Each committee of the Senate, and each subcommittee
thereof, shall notify the office designated by the Committee
on Rules and Administration of each meeting of such
committee or subcommittee, including the time period or
periods (as prescribed in paragraph 6 of rule XXVI\1\ of the
Standing Rules of the Senate), the place, and the purpose of
such meeting. The Senate members of any joint committee of
the Congress or of a subcommittee thereof shall cause notice
to be given to the office designated by the Committee on
Rules and Administration of each meeting of such joint
committee or subcommittee, including the time, place, and
purposes of such meeting. Notice under this subsection shall
be given immediately upon scheduling a meeting.
---------------------------------------------------------------------------
\1\Changed from ``paragraph 9 of rule XXV'' as a result
of the adoption of S. Res. 274, 96-1, Nov. 14, 1979.
---------------------------------------------------------------------------
(c) Each committee of the Senate, and each subcommittee
thereof, shall notify the office designated by the Committee
on Rules and Administration immediately upon the
cancellation of a meeting of such committee or subcommittee.
The Senate members of any joint committee of the Congress or
any subcommittee thereof shall cause notice to be given to
the office designated by the Committee on Rules and
Administration immediately upon the cancellation of a
meeting of such joint committee or subcommittee.
(d) For purposes of this section, the term ``joint
committee of the Congress'' includes a committee of
conference.
* * * * * * *
83.5 TITLE V.--CONTINUING REVIEW OF THE COMMITTEE SYSTEM
Sec. 501. (a) The Committee on Rules and Administration,
in consultation with the Majority Leader and the Minority
Leader, shall review, on a continuing basis, the committee
system of the Senate and the Standing Rules and other rules
of the Senate related thereto.
(b) During the second regular session of each Congress,
the Committee on Rules and Administration shall submit to
the Senate a report of the results of its review under
subsection (a) during that Congress. Such report shall
include its recommendations (if any) for changes in the
committee system of the Senate and the Standing Rules and
other rules of the Senate related thereto. The Committee on
Rules and Administration may submit, from time to time, such
other reports and recommendations with respect to such
committee system and rules as it deems appropriate.
(c) The Committee on Rules and Administration, the
Majority Leader, and the Minority Leader may request the
Secretary for the Majority and the Secretary for the
Minority to provide assistance in carrying out their duties
and responsibilities under this section.
* * * * * * *
[S. Res. 4, 95-1, Feb. 4, 1977.]
84 ACCEPTANCE OF GIFTS BY THE COMMITTEE ON RULES AND
ADMINISTRATION
Sec. 4. The Senate Committee on Rules and
Administration, on behalf of the Senate, may accept a gift
if the gift does not involve any duty, burden, or condition,
or is not made dependent upon some future performance by the
United States Senate. The Committee on Rules and
Administration is authorized to promulgate regulations to
carry out this section.
[S. Res. 158, 104-1, July 28, 1995.]
85 AUTHORIZING SUIT BY SENATE COMMITTEES
Resolved, That hereafter any committee of the Senate is
hereby authorized to bring suit on behalf of and in the name
of the United States in any court of competent jurisdiction
if the committee is of the opinion that the suit is
necessary to the adequate performance of the powers vested
in it or the duties imposed upon it by the Constitution,
resolution of the Senate, or other law. Such suit may be
brought and prosecuted to final determination irrespective
of whether or not the Senate is in session at the time the
suit is brought or thereafter. The committee may be
represented in the suit either by such attorneys as it may
designate or by such officers of the Department of Justice
as the Attorney General may designate upon the request of
the committee. No expenditures shall be made in connection
with any such suit in excess of the amount of funds
available to the said committee. As used in this resolution,
the term ``committee'' means any standing or special
committee of the Senate, or any duly authorized subcommittee
thereof, or the Senate members of any joint committee.
[S. Jour. 572, 70-1, May 28, 1928.]
90 SPECIAL DEPUTIES
Resolved, That the Sergeant at Arms of the Senate is
authorized and empowered from time to time to appoint such
special deputies as he may think necessary to serve process
or perform other duties devolved upon the Sergeant at Arms
by law or the rules or orders of the Senate, or which may
hereafter be devolved upon him, and in such case they shall
be officers of the Senate; and any act done or return made
by the deputies so appointed shall have like effect and be
of the same validity as if performed or made by the Sergeant
at Arms in person.
[S. Jour. 47, 51-1, Dec. 17, 1889.]
91 OFFICE OF DEPUTY PRESIDENT PRO TEMPORE
Resolved, That, effective January 5, 1977, there is
hereby established in the United States Senate the Office of
Deputy President Pro Tempore.
Sec. 2. Any Member of the Senate who has held the Office
of President of the United States or Vice President of the
United States shall be a Deputy President pro tempore.
Sec. 3. [Superseded.]
Sec. 4. The Sergeant at Arms and Doorkeeper is
authorized (a) to provide, by lease or purchase, and
maintain an automobile for each Deputy President pro
tempore, and (b) to employ and fix the compensation of a
driver-messenger for each Deputy President pro tempore at
not to exceed $18,584\1\ per annum.
---------------------------------------------------------------------------
\1\Superseded by 2 U.S.C. 6597, Pub.L. 97-51, Oct. 1,
1981, Sec. 116, 95 Stat. 963. See Senate Manual section
1058.
---------------------------------------------------------------------------
Sec. 5. [Superseded.]
Sec. 6. [Superseded.]
Sec. 7. Until otherwise provided by law, the Secretary
of the Senate is authorized to pay from the contingent fund
of the Senate such amounts as may be necessary, for salaries
and expenses, to carry out the provisions of this
resolution. Expenses incurred under section 4(a) of this
resolution shall be paid upon vouchers approved by the
Sergeant at Arms and Doorkeeper. Vouchers shall not be
required for the disbursement of salaries of employees paid
under authority of this resolution.
[S. Res. 17, 95-1, Jan. 10, 1977.]
Resolved, That (a) In addition to Senators who hold the
office of Deputy President pro tempore under authority of S.
Res. 17 of the 95th Congress (agreed to January 10, 1977),
any other Member of the Senate who is designated as such by
the Senate in a Senate resolution shall be the Deputy
President pro tempore of the Senate, and shall hold office
at the pleasure of the Senate during the 100th Congress.
(b) The Deputy President pro tempore who is designated
as such pursuant to the authority contained in this
resolution 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 $90,000 for any fiscal year.
(c) The following provisions shall not be applicable to
the Deputy President pro tempore who is designated as such
pursuant to the authority contained in this resolution:
(1) the provisions of S. Res. 17 of the 95th Congress
(agreed to January 10, 1977);
(2) the provisions relating to compensation of a Deputy
President pro tempore which appear in chapter VIII of Title
I of the Supplemental Appropriations Act, 1977, and which
are carried in section 32a of Title 2, United States Code;
and
(3) the provisions relating to staff of a Deputy
President pro tempore which appear in chapter VIII of Title
I of the Supplemental Appropriations Act, 1977, and which
are carried in section 611 of Title 2, United States Code.
(d) Salaries under authority of this section shall be
paid from any funds available in the Senate appropriation
account for Salaries, Officers and Employees.
Sec. 2. (a) The Sergeant at Arms and Doorkeeper is
authorized to provide, by lease or purchase, and maintain an
automobile for the former President pro tempore.
(b) The Secretary of the Senate is authorized to pay
from the contingent fund of the Senate such amounts as may
be necessary for expenses to carry out the provisions of
this section. Such expenses shall be paid upon vouchers
approved by the Sergeant at Arms and Doorkeeper.
[S. Res. 90, 100-1, Jan. 28, 1987.]
92 SENATE PARLIAMENTARIAN EMERITUS
Whereas the Senate has been advised of the retirement of its
Parliamentarian, Floyd M. Riddick, at the end of this
session: Therefore be it
Resolved, That, effective at the sine die adjournment of
this session, as a token of the appreciation of the Senate
for his long and faithful service, Floyd M. Riddick is
hereby designated as Parliamentarian Emeritus of the United
States Senate.
[S. Jour. 1519, 93-2, Dec. 5, 1974.]
Resolved, That Murray Zweben be, and he is hereby,
designated as a Parliamentarian Emeritus of the United
States Senate.
[S. Res. 297, 98-1, Nov. 18, 1983.]
Resolved, That Robert B. Dove be, and he is hereby,
designated as a Parliamentarian Emeritus of the United
States Senate.
[S. Res. 32, 100-1, Jan. 6, 1987.]
Resolved, That Alan Scott Frumin be, and he is hereby
designated as a Parliamentarian Emeritus of the United
States Senate.
[S. Res. 23, 105-1, Jan. 23, 1997.]
93 PERSONS NOT FULL-TIME EMPLOYEES OF SENATE\1\
Resolved, That hereafter, standing or select committees
employing the services of persons who are not full-time
employees of the Senate or any committee thereof shall
submit monthly reports to the Senate (or to the Secretary
during a recess or adjournment) showing (1) the name and
address of any such person; (2) the name and address of the
department or organization by whom his salary is paid; and
(3) the annual rate of compensation in each case.
---------------------------------------------------------------------------
\1\See also paragraphs 4 and 6 of rule XLI of the
Standing Rules of the Senate, Senate Manual sections 41.4,
41.6.
---------------------------------------------------------------------------
[S. Jour. 407, 78-2, Aug. 23, 1944.]
94 SENATE PAGES
Resolved, That it shall be the duty of the Sergeant at
Arms to classify the pages of the Senate, so that at the
close of the present and each succeeding Congress, one-half
the number shall be removed * * *.
[S. Jour. 514, 33-1, July 17, 1854.]
Resolved, That until otherwise hereafter provided for by
law, there shall be paid out of the contingent fund of the
Senate such amounts as may be necessary to enable the
Secretary of the Senate to furnish educational services and
related items for Senate Pages in accordance with this
resolution.
Sec. 2. The Senate Page program shall be administered by
the Sergeant at Arms and Doorkeeper of the Senate and the
Secretaries for the majority and minority of the Senate. All
policy decisions regarding the operation of the Senate Page
program shall be made by the Senate management board, with
the concurrence of the majority and minority leaders of the
Senate.
Sec. 3. In order to provide educational services and
related items for Senate Pages, the Secretary of the Senate
is authorized to enter into a contract, agreement, or other
arrangement with the Board of Education of the District of
Columbia, or to provide such educational services and items
in such other manner as he may deem appropriate.
Sec. 4. The educational services under the Senate Page
program shall consist of an academic year comprising two
terms, and a Page serving in such program shall be in the
eleventh grade.
Sec. 5. The resolution shall take effect as of the date
of its approval.
[S. Res. 184, 98-1, July 29, 1983.]
Resolved, That the Secretary of the Senate is authorized
to withhold from the salary of each Senate page who resides
in the page residence hall an amount equal to the charge
imposed for lodging, meals, and related services, furnished
to such page in such hall. The amounts so withheld shall be
transferred by the Secretary of the Senate to the Clerk of
the House of Representatives for deposit by such Clerk in
the revolving fund, within the contingent fund of the House
of Representatives, for the page residence hall and page
meal plan, as established by H. Res. 64, 98th Congress.
[S. Res. 78, 98-1, Mar. 2, 1983.]
95 CLOSING THE OFFICE OF A SENATOR OR SENATE LEADER WHO DIES OR
RESIGNS
Resolved, That (a)(1) In the case of the death or
resignation of a Senator during his term of office, the
employees in the office of such Senator who are on the
Senate payroll on the date of such death or resignation
shall be continued on such payroll at their respective
salaries, unless adjusted by the Secretary of the Senate
with the approval of the Senate Committee on Rules and
Administration, for a period not to exceed sixty days, or
such greater number of days as may, in any particular case,
be established by the Senate Committee on Rules and
Administration as being required to complete the closing of
the office of such Senator. Such employees so continued on
the payroll of the Senate shall, while so continued, perform
their duties under the direction of the Secretary of the
Senate, and such Secretary shall remove from such payroll
any such employees who are not attending to the duties for
which their services are continued.
(2) If an employee of a Senator continued on the Senate
payroll pursuant to paragraph (1) resigns or is terminated
during the period required to complete the closing of the
office of such Senator, the Secretary of the Senate may
replace such employee by appointing another individual. Any
individual appointed as a replacement under the authority of
the preceding sentence shall be subject to the same terms of
employment, except for salary, as the employee such
individual replaces.
(b) In the case of the death or resignation of a Senator
while holding the office of President pro tempore, Deputy
President pro tempore, President pro tempore emeritus,
Majority Leader, Minority Leader, Majority Whip, Minority
Whip, Secretary of the Conference of the Majority, Secretary
of the Conference of the Minority, of the Senate, the
Chairman of the Conference of the Majority, the Chairman of
the Conference of the Minority, the Chairman of the Majority
Policy Committee, or the Chairman of the Minority Policy
Committee, the employees of such office who are on the
payroll of the Senate on the date of such death or
resignation shall be continued on the Senate payroll in like
manner and under the same conditions as are employees in the
office of such Senator under subsection (a) of this section.
(c) No employee of the Senate who is continued on the
payroll of the Senate under the preceding provisions of this
section on account of the death or resignation of a Senator
shall be continued on such payroll after the date of the
expiration of the term of office of such Senator as a
Senator, or, such later date as may, in any particular case,
be established by the Senate Committee on Rules and
Administration as being required to complete the closing of
the office of such Senator.
(d) Payment of salaries of employees who are continued
on the Senate payroll under authority of this section, and
payment of agency contributions with respect to such
salaries, shall be made from the account for Miscellaneous
Items within the contingent fund of the Senate.
(e) During any period for which the employees of the
office of a Senator, who has died or resigned, are continued
on the Senate payroll under the first section of this
resolution, official office expenses which are necessary in
closing such Senator's office (or offices in case of a
Senator who dies or resigns while holding an office referred
to in subsection (b) of this section) shall be made from the
account for Miscellaneous Items within the contingent fund
of the Senate upon vouchers approved by the Secretary of the
Senate; except that the aggregate of such expenses shall not
exceed an amount equal to one-tenth of such Senator's
official office expense account for the year in which he
died or resigned.
(f) Duties to be performed by the Secretary of the
Senate under this section and under section 2 of this
resolution shall be performed under the direction of the
Senate Committee on Rules and Administration.
Sec. 2. In the case of the death of any Senator, the
Secretary of the Senate may, with respect to any item of
expense for which payment had been authorized to be made
from such Senator's official office expense account, certify
for such deceased Senator for any sum already obligated but
not certified to at the time of such Senator's death for
payment to the person or persons designated as entitled to
such payment by such Secretary.
Sec. 3. (a) The Sergeant at Arms and Doorkeeper of the
Senate shall make such arrangements as may be necessary, in
accordance with such regulations as the Senate Committee on
Rules and Administration may prescribe, for:
(1) the funeral of a deceased Senator; and
(2) any committee appointed to attend the
funeral of a deceased Senator.
(b) Expenses incurred in carrying out the provisions of
subsection (a) of this section shall be paid from the
account for Miscellaneous Items within the contingent fund
of the Senate, on vouchers approved by the Sergeant at Arms
and Doorkeeper of the Senate.
Sec. 4. The following Senate resolutions are repealed:
S. Res. 5, 82d Congress (agreed to April 11, 1951), and S.
Res. 354, 95th Congress (agreed to January 20, 1978).
Sec. 5. (a) Except as provided in subsection (b) of this
section, the provisions of this resolution shall take effect
upon the date it is agreed to by the Senate.
(b) The first section of this resolution shall take
effect on the date that there is hereafter enacted a
provision of law which (1) makes inapplicable to any
employee of the Senate the provisions of the third paragraph
under the heading ``Clerical assistance to Senators'' of the
first section of the Legislative Appropriation Act for the
fiscal year ending June 30, 1928 (2 U.S.C. 92a), and (2)
repeals (A) the last paragraph under the heading ``Clerical
assistance to Senators'' of the first section of the
Legislative Branch Appropriation Act, 1944 (2 U.S.C. 92e),
(B) the last paragraph under the heading ``Clerical
assistance to Senators'' of the first section of the
Legislative Branch Appropriation Act, 1945 (2 U.S.C. 92e),
(C) the next-to-last paragraph under the heading ``Clerical
assistance to Senators'' of the first section of the
Legislative Branch Appropriation Act, 1946 (2 U.S.C. 92e),
and (D) the next-to-last paragraph under the heading
``Clerical assistance to Senators'' of the first section of
the Legislative Branch Appropriation Act, 1947 (2 U.S.C.
92e).
(c) After the date this resolution is agreed to, the
Chairman of the Senate Committee on Rules and Administration
shall make no further certifications under authority of
section 506(g) of the Supplemental Appropriations Act, 1973
(2 U.S.C. 58(g)).
[S. Res. 458, 98-2, Oct. 4, 1984; S. Res. 173, 100-1, Mar.
4, 1987, S. Res. 478, 108-2, Nov. 19, 2004; S. Res. 238,
110-1, June 18, 2007.]
96 PAY OF COMMITTEE STAFF DISPLACED BY CHANGE OF CHAIRMAN OR
RANKING MINORITY MEMBER\1\
---------------------------------------------------------------------------
\1\S. Res. 9 established these provisions by amendment
to S. Res. 458 (Sec. 95 above).
---------------------------------------------------------------------------
Sec. 6. (a) For purposes of this section:
(1) The term ``committee'' means a standing,
select or special committee, or commission of the
Senate, or a joint committee of the Congress whose
funds are disbursed by the Secretary of the Senate.
(2) The terms ``Chairman'' and ``Ranking
Minority Member'' mean the Chairman, Vice Chairman,
Cochairman and Ranking Minority Member of a
committee.
(3) The term ``eligible staff member'' means an
individual--
(A) who was an employee--
(i) of a committee or subcommittee
thereof or a Senate leadership office
described in subsection (b) of the first
section of this resolution, or
(ii) in an office of a Senator on the
expiration of the term of office of such
Senator as a Senator, but only if the
Senator is not serving as a Senator for the
next term of office and was a candidate in
the general election for such next term,
(B) whose employment described in
subparagraph (A) was at least 183 days
(whether or not service was continuous)
before the date of termination of employment
described in paragraph (4), and
(C) whose pay is disbursed by the
Secretary of the Senate.
The term ``eligible staff member'' shall not
include an employee to whom the first section of
this resolution applies.
(4) The term ``displaced staff member'' means an
eligible staff member--
(A) whose service as an employee of the
Senate is terminated solely and directly as
a result of--
(i) in the case of employment
described in paragraph (3)(A)(i), a change
in the individual occupying the position of
Chairman or Ranking Minority Member of a
committee or in the individual occupying the
Senate leadership office, and
(ii) in the case of employment
described in paragraph (3)(A)(ii), the
expiration of the term of office of the
Senator, and
(B) who is certified, not later than 60
days after the date of the change or
expiration of term of office, whichever is
applicable, as a displaced staff member by
the Chairman or Ranking Minority Member of
the committee, the Senator occupying the
Senate leadership office, or the Senator
whose term is expiring, whichever is
applicable, to the Secretary of the Senate.
(b) The Secretary of the Senate shall notify the
Committee on Rules and Administration of the name of each
displaced staff member.
(c)(1) Under regulations prescribed by the Committee on
Rules and Administration each displaced staff member shall,
upon application to the Secretary of the Senate and approval
by the Committee on Rules and Administration, continue to be
paid at their respective salaries for a period not to exceed
60 days following the staff member's date of termination or
until the staff member becomes otherwise gainfully employed,
whichever is earlier.
(2) A statement in writing by any such employee that he
was not gainfully employed during such period or the portion
thereof for which payment is claimed shall be accepted as
prima facie evidence that he was not so employed.
(d) Funds necessary to carry out the provisions of this
section shall be available as set forth in section 1(d).
[S. Res. 9, 103-1, Jan. 7, 1993; S. Res. 478, 108-2, Nov.
19, 2004.]
97 PAY OF CLERICAL AND OTHER ASSISTANTS AS AFFECTED BY
TERMINATION OF SERVICE OF APPOINTED SENATORS
Resolved, That in any case in which (1) a Senator is
appointed to fill any portion of an unexpired term, (2) an
election is thereafter held to fill the remainder of such
unexpired term, and (3) the Senator so appointed is not a
candidate or if a candidate is not elected at such election,
his clerical and other assistants on the payroll of the
Senate on the date of termination of his service shall be
continued on such roll at their respective salaries until
the expiration of thirty days following such date or until
they become otherwise gainfully employed, whichever is
earlier, such sums to be paid from the contingent fund of
the Senate. A statement in writing by any such employee that
he was not gainfully employed during such period or the
portion thereof for which payment is claimed shall be
accepted as prima facie evidence that he was not so
employed. The provisions of this resolution shall not apply
to an employee of any such Senator if on or before the date
of termination of his service he notifies the Disbursing
Office of the Senate in writing that he does not wish the
provisions of this resolution to apply to such employee.
[S. Jour. 421, 86-2, June 28, 1960.]
98 LEAVE WITHOUT PAY STATUS FOR CERTAIN SENATE EMPLOYEES
PERFORMING SERVICE IN THE UNIFORMED SERVICES
Sec. 1. Leave without pay status for certain Senate
employees performing service in the uniformed services.
(a) Definitions.--In this section--
(1) the terms ``employee'' and ``Federal
executive agency'' have the meanings given those
terms under section 4303 (3) and (5) of title 38,
United States Code, respectively; and
(2) the term ``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.
(b) Leave without pay status--An employee of the Senate
who is deemed to be on furlough or leave of absence under
section 4316(b)(1)(A) of title 38, United States Code, by
reason of service in the uniformed services--
(1) may be placed in a leave without pay status
while so on furlough or leave of absence; and
(2) while placed in that status, shall be
treated--
(A) subject to subparagraph (B), as an
employee of a Federal executive agency in a
leave without pay status for purposes of
chapters 83, 84, 87, and 89 of title 5,
United States Code; and
(B) as a Congressional employee for
purposes of those chapters.
(c) Effective Date.--This section shall take effect on
October 1, 2001, and apply to fiscal year 2002 and each
fiscal year thereafter.
[S. Res. 193, 107-1, Dec. 18, 2001.]
99 LOYALTY CHECKS ON SENATE EMPLOYEES\1\
Resolved, That hereafter when any person is appointed as
an employee of any committee of the Senate, of any Senator,
or of any office of the Senate the committee, Senator, or
officer having authority to make such appointment shall
transmit the name of such person to the Federal Bureau of
Investigation, together with a request that such committee,
Senator, or officer be informed as to any derogatory and
rebutting information in the possession of such agency
concerning the loyalty and reliability for security purposes
of such person, and in any case in which such derogatory
information is revealed such committee, Senator, or officer
shall make or cause to be made such further investigation as
shall have been considered necessary to determine the
loyalty and reliability for security purposes of such
person.
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\1\This resolution has not been generally implemented
since the Federal Bureau of Investigation took the position
that it was not authorized to divulge the information
referred to in the resolution. However, the Bureau and the
Department of Defense cooperate with Senate committees and
offices which request security checks of specific employees
when it is considered necessary by a committee chairman or
officer of the Senate.
---------------------------------------------------------------------------
Every such committee, Senator, and officer shall
promptly transmit to the Federal Bureau of Investigation a
list of the names of the incumbent employees of such
committee, Senator, or officer together with a request that
such committee, Senator, or officer be informed of any
derogatory and rebutting information contained in the files
of such agency concerning the loyalty and reliability for
security purposes of such employee.
[S. Jour. 144, 83-1, Mar. 6, 1953.]
100 EQUAL EMPLOYMENT OPPORTUNITIES\2\
Whereas the Senate supports the principle that each
individual is entitled to the equal protection of the
laws guaranteed by the Fourteenth Article of Amendment
to the Constitution of the United States; and
---------------------------------------------------------------------------
\2\See also rule XLII of the Standing Rules of the
Senate.
---------------------------------------------------------------------------
Whereas the Senate as an employer is not compelled by law to
provide to its employees the protections against
discrimination established in the Equal Pay Act of 1963
or Title VII of the Civil Rights Act of 1964: Now,
therefore, be it
Resolved, That (a) no Member, officer, or employee of
the Senate shall, with respect to employment by the Senate
or any office thereof--
(1) fail or refuse to hire an individual,
(2) discharge an individual, or
(3) otherwise discriminate against an individual
with respect to promotion, compensation, or terms,
conditions, or privileges of employment,
on the basis of such individual's race, color, religion,
sex, national origin or state of handicap.
(b) Each Member, officer, and employee of the Senate
shall encourage the hiring of women and members of minority
groups at all levels of employment on the staffs of Members,
officers, and committees of the Senate.
[S. Res. 534, 94-2, Sept. 8, 1976.]
101 SENATE YOUTH PROGRAM
Whereas the continued vitality of our Republic depends, in
part, on the intelligent understanding of our political
processes and the functioning of our National Government
by the citizens of the United States; and
Whereas the durability of a constitutional democracy is
dependent upon alert, talented, vigorous competition for
political leadership; and
Whereas individual Senators have cooperated with various
private and university undergraduate and graduate
fellowship and internship programs relating to the work
of Congress; and
Whereas, in the high schools of the United States, there
exists among students who have been elected to student-
body offices in their sophomore, junior, or senior year
a potential reservoir of young citizens who are
experiencing their first responsibilities of service to
a constituency and who should be encouraged to deepen
their interest in and understanding of their country's
political processes: Now, therefore, be it
Resolved, That the Senate hereby expresses its
willingness to cooperate in a nationwide competitive high
school Senate youth program which would give several
representative high school students from each State a short
indoctrination into the operation of the United States
Senate and the Federal Government generally, if such a
program can be satisfactorily arranged and completely
supported by private funds with no expense to the Federal
Government.
Sec. 2. The Senate Committee on Rules and Administration
shall investigate the possibility of establishing such a
program and, if the committee determines such a program is
possible and advisable, it shall make the necessary
arrangements to establish the program.
Sec. 3. For the purpose of this resolution, the term
``State'' includes the Department of Defense education
system for dependents in overseas areas.
[S. Res. 324, 87-2, May 17, 1962; S. Res. 146, 97-1, July
30, 1981.]
Whereas by S. Res. 324 of the Eighty-seventh Congress,
agreed to May 17, 1962, the Senate expressed its
willingness to cooperate in a nationwide competitive
Senate youth program supported by private funds, which
would give representative high school students from each
State a short indoctrination into the operation of the
United States Senate and the Federal Government
generally, and authorized the Senate Committee on Rules
and Administration, if it should find such a program
possible and advisable, to make the necessary
arrangements therefor; and
Whereas the Committee on Rules and Administration, after
appropriate investigation, having determined such a
program to be not only possible but highly desirable,
authorized its establishment and with the support of the
leaders and other Members of the Senate and the
cooperation of certain private institutions made the
necessary arrangements therefor; and
Whereas, pursuant to such arrangements, and with the
cooperation of and participation by the offices of every
Member of the Senate and the Vice President, one hundred
and two student leaders representing all States of the
Union and the District of Columbia were privileged to
spend the period from January 28, 1963, through February
2, 1963, in the Nation's Capitol, thereby broadening
their knowledge and understanding of Congress and the
legislative process and stimulating their appreciation
of the importance of a freely elected legislature in the
perpetuation of our democratic system of government; and
Whereas by S. Res. 147 of the Eighty-eighth Congress, agreed
to May 27, 1963, another group of student leaders from
throughout the United States spent approximately one
week in the Nation's Capitol, during January 1964; and
Whereas it is the consensus of all who participated that the
above two programs were unqualifiedly successful, and in
all respects worthy and deserving of continuance; and
Whereas the private foundation which financed the initial
programs has graciously offered to support a similar
program during the year ahead: Now, therefore, be it
Resolved, That, until otherwise directed by the Senate
the Senate youth program authorized by S. Res. 324 of the
Eighty-seventh Congress, agreed to May 17, 1962, and
extended by S. Res. 147, agreed to May 27, 1963, may be
continued at the discretion of and under such conditions as
may be determined by the Committee on Rules and
Administration.
[S. Jour. 196, 88-2, Apr. 16, 1964.]
102 SENIOR CITIZEN INTERNSHIP PROGRAM
Resolved, That (a) each Senator is authorized to employ
for not more than fourteen consecutive days each year during
the month of May a senior citizen intern or interns to serve
in his office in Washington, District of Columbia.
(b) To be eligible to serve as a senior citizen intern
an individual shall certify to the Secretary of the Senate
that he has attained the age of sixty years, is a bona fide
resident of the State of his employing Senator, and is a
citizen of the United States.
(c)(1) Except as provided in paragraph (2), for purposes
of payment of compensation and travel expenses, senior
citizen interns employed pursuant to this resolution shall
be subject to the same limitations and restrictions
applicable to Senators and Senate employees.
(2) An outside vendor may provide for the travel and per
diem expenses only of senior citizen interns in the Senior
Citizen Intern Program subject to approval by the Committee
on Rules and Administration. Documentation provided by such
vendor may be accepted as official travel expense
documentation for the purpose of reimbursing interns in the
program for travel expenses.
Sec. 2. Compensation and payment under this resolution
shall be paid from and charged against the clerk-hire and
travel allowances of the Senator employing such senior
citizen intern.
Sec. 3. The Committee on Rules and Administration is
authorized to prescribe such rules and regulations as it
determines necessary to carry out this resolution.
[S. Res. 219, 95-2, May 5, 1978; S. Res. 96, 102-1, Apr. 24,
1991.]
105
transportation costs and travel expenses incurred by members
and employees of the senate when engaged in authorized
foreign travel
Resolved, That until otherwise provided by law or
resolution of the Senate, the contingent fund of the Senate
is made available, as provided in this resolution, to defray
the costs of transportation and the ordinary and necessary
travel expenses of Members and employees of the Senate when
engaged in authorized foreign travel. The Secretary of the
Senate is authorized to advance funds, under authority of
this resolution, in the same manner provided for committees
of the Senate under the authority of Public Law 118, Eighty-
first Congress, approved June 22, 1949.
Sec. 2. (a) Transportation costs and ordinary and
necessary travel expenses incurred by a Member or employee
engaged in authorized foreign travel shall be paid upon
certification of such Member or employee, and upon vouchers
approved by the Senator who authorized such foreign travel.
(b) Transportation costs and ordinary and necessary
travel expenses which are incurred for a group of Members or
employees engaged in authorized foreign travel shall be paid
upon certification of the Member who is chairman of such
group (or, if no chairman has been designated, upon
certification of the ranking Member of such group) or, if
the group does not include a Member, upon certification of
the senior employee in such group, and upon vouchers
approved by the Senator who authorized such foreign travel.
(c) The reports of the Secretary of the Senate setting
forth amounts paid from the contingent fund under authority
of this resolution shall, at the request of the chairman of
the Select Committee on Intelligence, omit any matter which
would identify the foreign countries in which Members and
employees of the Select Committee traveled on behalf of the
Select Committee.
Sec. 3. Payment of transportation costs and ordinary and
necessary travel expenses may not be paid under this
resolution to the extent that appropriated funds or foreign
currencies under section 502(b) of the Mutual Security Act
of 1954 are utilized to defray such costs and expenses. Such
funds and currencies shall be used to the maximum extent
possible.
Sec. 4. For purposes of this resolution--
(1) The term ``foreign travel'' means travel
outside the United States and includes travel within
the United States which is the beginning or end of
travel outside the United States.
(2) The term ``authorized foreign travel'' means
foreign travel on official business on behalf of the
Senate or a committee of the Senate which is
authorized--
(A) in the case of foreign travel on
behalf of the Senate, by the President pro
tempore, Majority Leader, or Minority Leader
of the Senate; and
(B) in the case of foreign travel on
behalf of a committee of the Senate, by the
chairman of that committee.
(3) The term ``committee of the Senate''
includes all standing, select, and special
committees of the Senate and all joint committees of
the Congress whose funds are disbursed by the
Secretary of the Senate.
(4) The term ``employee of the Senate'' includes
an individual (other than a Member) whose salary is
disbursed by the Secretary of the Senate or who is
treated as an employee of the Senate for purposes of
the Senate Code of Official Conduct.
(5) The term ``ordinary and necessary travel
expenses'' includes, in the case of a group of
Members engaged in authorized foreign travel, such
special expenses as the chairman (or, if there is no
chairman, the ranking Member) deems appropriate,
including, to the extent not otherwise provided,
reimbursements to any agency of the Government for
(A) expenses incurred on behalf of the group, (B)
compensation (including overtime) of employees of
such agency officially detailed to the group, and
(C) expenses incurred in connection with providing
appropriate hospitality.
[S. Res. 179, 95-1, May 25, 1977.]
106 DOCUMENTATION REQUIRED FOR REIMBURSEMENTS OUT OF SENATORS'
OFFICIAL OFFICE EXPENSE ACCOUNTS
Resolved, That (a) no payments or reimbursements for
expenses shall be made from the contingent fund of the
Senate, unless the vouchers presented for such expenses are
accompanied by supporting documentation.
(b) The Committee on Rules and Administration is
authorized to promulgate regulations to carry out the
purpose of this resolution and to except specific vouchers
from the requirements of subsection (a) of this resolution.
(c) This resolution shall apply with respect to vouchers
submitted for payment or reimbursement on and after October
1, 1987, or upon the adoption of this resolution if such
adoption occurs at a later date.
(d) Senate Resolution 170, 96th Congress (agreed to
August 2, 1979), is repealed as of October 1, 1987, or upon
adoption of this resolution if such adoption occurs at a
later date. Any regulations adopted by the Committee on
Rules and Administration to implement Senate Resolution 170
shall remain in effect, after the repeal of Senate
Resolution 170, until modified or repealed by such
committee, and shall be held and considered to be
regulations adopted to implement this resolution.
[S. Res. 258, 100-1, Oct. 1, 1987.]
107
restrictions on certain expenses payable or reimbursable
from a senator's official office expense account
Resolved, That except for section 3, this resolution
applies only to payments and reimbursements from the
contingent fund of the Senate under paragraphs (5) and (9)
of section 506(a) of the Supplemental Appropriations Act,
1973 (2 U.S.C. 58(a)). For purposes of such paragraphs, the
terms ``official office expenses'' and ``other official
expenses'' mean ordinary and necessary business expenses
incurred by a Senator and his staff in the discharge of
their official duties.
Sec. 2. Reimbursements and payments from the contingent
fund of the Senate under paragraphs (5) and (9) of section
506(a) of the Supplemental Appropriations Act, 1973 (2
U.S.C. 58(a)) shall not be made for:
(1) commuting expenses, including parking fees
incurred in commuting;
(2) expenses incurred for the purchase of
holiday greeting cards, flowers, trophies, awards,
and certificates;
(3) donations or gifts of any type, except gifts
of flags which have been flown over the United
States Capitol, copies of the book ``We, the
People'', and copies of the calendar ``We The
People'' published by the United States Capitol
Historical Society.
(4) dues or assessments;
(5) expenses incurred for the purchases of radio
or television time, or for space in newspaper or
other print media (except classified advertising for
personnel to be employed in a Senator's office);
(6) expenses incurred by an individual who is
not an employee (except as specifically authorized
by subsections (e) and (h) of such section 506);
(7) travel expenses incurred by an employee
which are not reimbursable under subsection (e) of
such section 506;
(8) relocation expenses incurred by an employee
in connection with the commencement or termination
of employment or a change of duty station; and
(9) compensation paid to an individual for
personal services performed in a normal employer-
employee relationship.
Sec. 3. Payment of or reimbursement for the following
expenses is specifically prohibited by law and
reimbursements and payments from the contingent fund of the
Senate shall not be made therefor:
(1) expenses incurred for entertainment or meals
(2 U.S.C. 58(a));
(2) payment of additional salary or compensation
to an employee (2 U.S.C. 68); and
(3) expenses incurred for maintenance or care of
private vehicles (Legislative Branch Appropriation
Acts).
Sec. 4. This resolution shall apply with respect to
expenses incurred on or after the date on which this
resolution is agreed to.
[S. Res. 294, 96-2, Apr. 29, 1980; S. Res. 176, 104-1, Sept.
28, 1995.]
108 DEBT COLLECTION
Resolved, That, for purposes of subchapters I and II of
chapter 37 of Title 31, United States Code (relating to
claims of or against the United States Government), the
United States Senate shall be considered to be a legislative
agency (as defined in section 3701(a)(4) of such title), and
the Secretary of the Senate shall be deemed to be the head
of such legislative agency.
Sec. 2. Regulations prescribed by the Secretary pursuant
to section 3716 of Title 31, United States Code, shall not
become effective until they are approved by the Senate
Committee on Rules and Administration.
[S. Res. 147, 101-1, June 20, 1989.]
109 TORT CLAIMS PROCEDURES
Resolved, That the Sergeant at Arms of the Senate, in
accordance with regulations prescribed by the Attorney
General and such regulations as the Committee on Rules and
Administration may prescribe, may consider and ascertain
and, with the approval of the Committee on Rules and
Administration, determine, compromise, adjust, and settle,
in accordance with the provisions of chapter 171 of Title
28, United States Code, any claim for money damages against
the United States for injury of loss of property or personal
injury or death caused by the negligent or wrongful act or
omission of any Member, officer, or employee of the Senate
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. The
Committee on Rules and Administration may, from time to
time, delegate any or all of its authority under this
resolution to the chairman. Any compromise, adjustment, or
settlement of any such claim not exceeding $2,500 shall be
paid from the contingent fund of the Senate on a voucher
approved by the chairman of the Committee on Rules and
Administration.
Sec. 2. The Committee on Rules and Administration is
authorized to issue such regulations as it may determine
necessary to carry out the provisions of this resolution.
[S. Res. 492, 97-2, Dec. 10, 1982.]
110 REIMBURSEMENT OF WITNESS EXPENSES\1\
Resolved, That witnesses appearing before the Senate or
any of its committees may be authorized reimbursement for
per diem expenses incurred for each day while traveling to
and from the place of examination and for each day in
attendance. Such reimbursement shall be made on an actual
expense basis which shall not exceed the daily rate
prescribed by the Committee on Rules and Administration,
unless such limitation is specifically waived by such
committee. A witness may also be authorized reimbursement of
the actual and necessary transportation expenses incurred by
the witness in traveling to and from the place of
examination.
---------------------------------------------------------------------------
\1\The Legislative Branch Appropriation Act, 1961 (July
12, 1960, Public Law 86-628, 74 Stat. 449), contained the
following restriction on advances of witness fees:
``No part of any appropriation disbursed by the
Secretary of the Senate shall be available 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.''
---------------------------------------------------------------------------
Sec. 2. (a) The provisions of this resolution shall be
effective with respect to all witness expenses incurred on
or after October 1, 1987.
(b) Senate Resolution 538, agreed to December 8, 1980,
is repealed effective on October 1, 1987.
[S. Res. 259, 100-1, Aug. 5, 1987.]
111 AUTHORIZING THE SENATE TO PARTICIPATE IN GOVERNMENT TRANSIT
PROGRAMS
Resolved, That (a) the Senate shall participate in State
and local government transit programs to encourage employees
of the Senate to use public transportation pursuant to
section 629 of the Treasury, Postal Service and General
Government Appropriations Act, 1991.
(b) The Committee on Rules and Administration is authorized
to issue regulations pertaining to Senate participation in
State and local government transit programs through, and at
the discretion of, its Members, committees, officers, and
officials.
[S. Res. 318, 102-2, June 23, 1992]
115 RELATIVE TO CONTRIBUTIONS FOR COSTS OF CIVIL, CRIMINAL, OR
OTHER LEGAL INVESTIGATIONS OF MEMBERS, OFFICERS, OR
EMPLOYEES OF THE SENATE
Resolved, That nothing in the provisions of the Standing
Rules of the Senate shall be construed to limit
contributions to defray investigative, civil, criminal, or
other legal expenses of Members, officers, or employees of
the Senate relating to their service in the United States
Senate, subject to limitations, regulations, procedures, and
reporting requirements which shall be promulgated by the
Select Committee on Ethics. Nothing in the provisions of the
Standing Rules of the Senate shall be construed to limit
contributions to defray the legal expenses of the spouses or
dependents of Members, officers, or employees of the Senate.
[S. Res. 508, 96-2, Sept. 4, 1980.]
116 CLARIFYING RULES REGARDING ACCEPTANCE OF PRO BONO LEGAL
SERVICES BY SENATORS
Resolved, That (a) notwithstanding the provisions of the
Standing Rules of the Senate or Senate Resolution 508,
adopted by the Senate on September 4, 1980, or Senate
Resolution 321, adopted by the Senate on October 3, 1996,
pro bono legal services provided to a Member of the Senate
with respect to any civil action challenging the
constitutionality of a Federal statute that expressly
authorizes a Member either to file an action or to intervene
in an action--
(1) shall not be deemed a gift to the Member;
(2) shall not be deemed to be a contribution to
the office account of the Member;
(3) shall not require the establishment of a
legal expense trust fund; and
(4) shall be governed by the Select Committee on
Ethics Regulations Regarding Disclosure of Pro Bono
Legal Services, adopted February 13, 1997, or any
revision thereto.
(b) This resolution shall supersede Senate Resolution
321, adopted by the Senate on October 3, 1996.
[S. Res. 227, 107-2, Mar. 20, 2002.]
117 STANDARDS OF CONDUCT FOR MEMBERS OF THE SENATE AND OFFICERS
AND EMPLOYEES OF THE SENATE
Resolved, It is declared to be the policy of the Senate
that--
(a) The ideal concept of public office, expressed by the
words, ``A public office is a public trust'', signifies that
the officer has been entrusted with public power by the
people; that the officer holds this power in trust to be
used only for their benefit and never for the benefit of
himself or of a few; and that the officer must never conduct
his own affairs so as to infringe on the public interest.
All official conduct of Members of the Senate should be
guided by this paramount concept of public office.
(b) These rules, as the written expression of certain
standards of conduct, complement the body of unwritten but
generally accepted standards that continue to apply to the
Senate.
* * * * * *
[S. Jour. 247, 90-2, Mar. 22, 1968.]
120 SEAL OF THE SENATE
Resolved, That the Secretary shall have the custody of
the seal, and shall use the same for the authentication of
process transcripts, copies, and certificates whenever
directed by the Senate; and may use the same to authenticate
copies of such papers and documents in his office as he may
lawfully give copies of.
[S. Jour. 194, 49-1, Jan. 20, 1886.]
121 OFFICIAL SENATE FLAG
Resolved, That the Secretary of the Senate is authorized
and directed to design an official Senate flag utilizing the
seal of the Senate as the principal symbol on such flag.
Expenses incident to the designing and procurement of such
flag shall be paid from the contingent fund of the Senate
upon vouchers signed by the Secretary of the Senate.
Sec. 2. The Senate flag shall be available for purchase
and use by Senators, or former Senators, only subject to the
following conditions--
(1) purchase of the flag shall be limited to--
(A) two flags for each Senator, or
former Senator, subject to replacement for
loss, destruction, or wear and tear;
(B) two flags for each Senate committee,
as determined by the chairman and ranking
member, subject to replacement for loss,
destruction, or wear and tear; and
(C) two flags for each officer of the
Senate, subject to replacement for loss,
destruction, or wear and tear; and
(2) the flag shall not be utilized or displayed
for commercial purposes.
Senators who leave the Senate may retain their flags subject
to the preceding restrictions.
[S. Res. 369, 98-2, Sept. 7, 1984; S. Res. 135, 101-1, June
2, 1989.]
122 SEAL OF THE PRESIDENT PRO TEMPORE
Resolved, That the President pro tempore of the Senate
is authorized to adopt and use an official seal of his
office.
Sec. 2. Expenses incident to the designing and
procurement of such seal shall be paid from the contingent
fund of the Senate upon vouchers signed by the President pro
tempore of the Senate.
Sec. 3. A description and illustration of the seal
adopted pursuant to this resolution shall be transmitted to
the General Services Administration for publication in the
Federal Register.
[S. Jour. 686, 83-2, Aug. 14, 1954.]
123 MARBLE BUSTS OF VICE PRESIDENTS
Resolved, That marble busts of those who have been Vice
Presidents of the United States shall be placed in the
Senate wing of the Capitol from time to time, that the
Architect of the Capitol is authorized, subject to the
advice and approval of the Senate committee on Rules and
Administration, to carry into the execution the object of
this resolution, and the expenses incurred in doing so shall
be paid out of the contingent fund of the Senate.
[S. Jour. 40, 55-2, Jan. 6, 1898; S. Jour. 173, 80-1, Mar.
28, 1947.]
124 AWARD OF SERVICE PINS OR EMBLEMS
Resolved, That the Committee on Rules and Administration
is hereby authorized to provide for the awarding of service
pins or emblems to Members, officers, and employees of the
Senate, and to promulgate regulations governing the awarding
of such pins or emblems. Such pins or emblems shall be of a
type appropriate to be attached to the lapel of the wearer,
shall be of such appropriate material and design, and shall
contain such characters, symbols, or other matter, as the
committee shall select.
Sec. 2. The Secretary of the Senate, under direction of
the committee and in accordance with regulations promulgated
by the committee, shall procure such pins or emblems and
award them to Members, officers, and employees of the Senate
who are entitled thereto.
Sec. 3. The expenses incurred in procuring such pins or
emblems shall be paid from the contingent fund of the Senate
on vouchers signed by the chairman of the committee.
[S. Jour. 45, 89-1, Sept. 10, 1965.]
125
designating the old senate office building and the new
senate office building as the ``richard brevard russell
senate office building'' and the ``everett
mckinleydirksen senate office building'',
respectively
Resolved, That insofar as concerns the Senate--
(1) the Senate Office building referred to as
the Old Senate Office Building and constructed under
authority of the Act of April 28, 1904 (33 Stat.
452, 481), is designated, and shall be known as, the
``Richard Brevard Russell Senate Office Building'';
and
(2) the additional office building for the
Senate referred to as the New Senate Office Building
and constructed under the provisions of the Second
Deficiency Appropriation Act of 1948 (62 Stat.
1928), is designated, and shall be known as, the
``Everett McKinley Dirksen Senate Office Building''.
Sec. 2. Any rule, regulation, document, or record of the
Senate, in which reference is made to either building
referred to in the first section of this resolution, shall
be held and considered to be a reference to such building by
the name designated for such building by the first section
of this resolution.
Sec. 3. The Committee on Rules and Administration shall
place appropriate markers or inscriptions at suitable
locations within the buildings referred to in the first
section of this resolution to commemorate and designate such
buildings as provided in this resolution. Expenses incurred
under this resolution shall be paid from the contingent fund
of the Senate upon vouchers approved by the chairman of the
committee.
[S. Jour. 1197, 92-2, Oct. 11, 1972; S. Res. 295, 96-1, Dec.
3, 1979.]
126
designating the extension to the dirksen senate office
building as the ``philip a. hart senate office
building''
Resolved, That insofar as concerns the Senate, the
extension of the Senate Office Building presently under
construction pursuant to the Supplemental Appropriations
Act, 1973 (86 Stat. 1510), is designated and shall be known
as the ``Philip A. Hart Senate Office Building'', when
completed.
Sec. 2. Any rule, regulation, document, or record of the
Senate, in which reference is made to the building referred
to in the first section of this resolution, shall be held
and considered to be a reference to such building by the
name designated for such building by the first section of
this resolution.
Sec. 3. The Committee on Rules and Administration shall
place appropriate markers or inscriptions at suitable
locations within the building referred to in the first
section of this resolution to commemorate and designate such
building as provided in this resolution. Expenses incurred
under this resolution shall be paid from the contingent fund
of the Senate upon vouchers approved by the chairman of the
committee.
[S. Res. 525, 94-2, Aug. 30, 1976; S. Res. 295, 96-1, Dec.
3, 1979.]
127 PROHIBITION ON THE REMOVAL OF ART AND HISTORIC OBJECTS FROM
THE SENATE WING OF THE CAPITOL AND SENATE OFFICE BUILDINGS
FOR PERSONAL USE
Resolved, That (a) a Member of the Senate or any other
person may not remove a work of art, historical object, or
an exhibit from the Senate wing of the Capitol or any Senate
office building for personal use.
(b) For purposes of this resolution, the term ``work of
art, historical object, or an exhibit'' means an item,
including furniture, identified on the list (and any
supplement to the list) required by section 4 of Senate
Resolution 382, 90th Congress, as enacted into law by
section 901(a) of Public Law 100-696 (2 U.S.C. 2104).
(c) For purposes of this resolution, the Senate
Commission on Art shall update the list required by section
4 of Senate Resolution 382, 90th Congress (2 U.S.C. 2104)
every 6 months after the date of adoption of this resolution
and shall provide a copy of the updated list to the
Committee on Rules and Administration.
[S. Res. 178, 108-1, June 27, 2003.]
128 COMMISSION ON ART AND ANTIQUITIES OF THE UNITED STATES
SENATE\1\
---------------------------------------------------------------------------
\1\Became Senate Commission on Art, and enacted into
permanent law by Pub.L. 100-696, Nov. 18, 1988. See 2 U.S.C.
Sec. Sec. 2101-2108; Senate Manual sections 738-745.
---------------------------------------------------------------------------
[Pub. L. 100-696, Nov. 18, 1988.]
129 INTERPARLIAMENTARY ACTIVITIES AND RECEPTION OF CERTAIN
FOREIGN OFFICIALS
Resolved, That the Committee on Foreign Relations is
authorized from March 1, 1981, until otherwise provided by
law, to expend not to exceed $25,000 each fiscal year to
assist the Senate properly to discharge and coordinate its
activities and responsibilities in connection with
participation in various interparliamentary institutions and
to facilitate the interchange and reception in the United
States of members of foreign legislative bodies and
prominent officials of foreign governments and
intergovernmental organizations.
Sec. 2. The Secretary of the Senate is authorized and
directed to pay from the contingent fund of the Senate the
actual and necessary expenses incurred in connection with
activities authorized by this resolution and approved in
advance by the chairman of the Committee on Foreign
Relations upon vouchers certified by the Senator incurring
such expenses and approved by the chairman.
[S. Res. 247, 87-2, Feb. 7, 1962; S. Res. 91, 94-1, Mar. 18,
1975; S. Res. 281, 96-2, Mar. 11, 1980.]
130 AUTHORIZING THE DISPLAY OF THE SENATE LEADERSHIP PORTRAIT
COLLECTION IN THE SENATE LOBBY
Resolved, That (a) portraits in the Senate Leadership
Portrait Collection may be displayed in the Senate Lobby at
the direction of the Senate Commission on Art in accordance
with guidelines prescribed pursuant to subsection (d).
(b) The Senate Leadership Portrait Collection shall
consist of portraits selected by the Senate Commission on
Art of Majority or Minority Leaders and Presidents pro
tempore of the Senate.
(c) Any portrait for the Senate Leadership Portrait
Collection that is acquired on or after the date of adoption
of this resolution shall be of an appropriate size for
display in the Senate Lobby, as determined by the Senate
Commission on Art.
(d) The Senate Commission on Art shall prescribe such
guidelines as it deems necessary, subject to the approval of
the Committee on Rules and Administration, to carry out this
resolution.
[S. Res. 148, 109-1, May 18, 2005.]
131 ESTABLISHING A PROCEDURE FOR AFFIXING AND REMOVING PERMANENT
ARTWORK AND SEMI-PERMANENT ARTWORK IN THE SENATE WING OF THE
CAPITOL AND IN THE SENATE OFFICE BUILDINGS
Resolved, No permanent artwork or semi-permanent
artwork may be affixed to or removed from the walls, floors,
or ceilings of the public spaces and committee rooms of the
Senate wing of the Capitol and the Senate office buildings
unless--
(1) the Senate Commission on Art--
(A) has recommended the affixation or
removal; and
(B) in the case of an affixation of
permanent artwork or semi-permanent
artwork--
(i) has recommended an appropriate
location for the affixation; and
(ii) has determined that--
(I) not less than 25 years have
passed since the death of any subject in a
portrait included in the permanent artwork
or semi-permanent artwork; and
(II) not less than 25 years have
passed since the commemorative event that is
to be portrayed in the permanent artwork or
semi-permanent artwork; and
(2) the Senate has passed a Senate resolution
approving the recommendation of the Senate
Commission on Art.
Sec. 2. Sense of the Senate.
It is the sense of the Senate that prior to making a
recommendation to affix any permanent artwork or semi-
permanent artwork to the walls, floors, or ceilings of the
public spaces and committee rooms of the Senate wing of the
Capitol and the Senate office buildings, the Senate
Commission on Art should consider, at a minimum, the
following:
(1) The significance of the original, intended,
or existing permanent artwork or semi-permanent
artwork in the installation space proposed for the
additional permanent artwork or semi-permanent
artwork.
(2) The existing conditions of the surface of
the proposed installation space.
(3) The last time fixed art was added to the
proposed installation space.
(4) The amount of area available for the
installation of permanent artwork or semi-permanent
artwork in the proposed installation space.
(5) The opinion of the Curatorial Advisory Board
on such affixation.
Sec. 3. Creation of artwork.
If a request to affix permanent artwork or semi-
permanent artwork to the walls, floors, or ceilings of the
public spaces and committee rooms of the Senate wing of the
Capitol and the Senate office buildings meets the
requirements of section 1, the Senate Commission on Art
shall select the artist and shall supervise and direct the
creation of the artwork and the application of the artwork
to the selected surface.
Sec. 4. Definitions.
In this resolution--
(1) permanent artwork.--The term ``permanent artwork''
means artwork that when applied directly to a wall, ceiling,
or floor has become part of the fabric of the building,
based on a consideration of relevant factors including--
(A) the original intent when the artwork was
applied;
(B) the method of application;
(C) the adaptation or essentialness of the
artwork to the building; and
(D) whether the removal of the artwork would
cause damage to either the artwork or the surface
that contains it.
(2) semi-permanent artwork.--The term ``semi-permanent
artwork'' means artwork that when applied directly to the
surface of a wall, ceiling, or floor can be removed without
damaging the artwork or the surface to which the artwork is
applied.
[S. Res. 629, 109-2, Dec. 7, 2006.]
135 PUBLIC ACCESS TO SENATE RECORDS AT THE NATIONAL ARCHIVES
Resolved, That any records of the Senate or any
committee of the Senate which are transferred to the General
Services Administration under rule XI of the Standing Rules
of the Senate and section 2114 of Title 44, United States
Code, and which have been made public prior to their
transfer may be made available for public use.
Sec. 2. (a) Subject to such rules or regulations as the
Secretary of the Senate may prescribe, any other records of
the Senate or any committee of the Senate which are so
transferred may be made available for public use--
(1) in the case of investigative files relating
to individuals and containing personal data,
personnel records, and records of executive
nominations, when such files and records have been
in existence for fifty years; and
(2) in the case of all other such records, when
such records have been in existence for twenty
years.
(b) Notwithstanding the provisions of subsection (a),
any committee of the Senate may, by action of the full
committee, prescribe a different time when any of its
records may be made available for public use, under specific
conditions to be fixed by such committee, by giving notice
thereof to the Secretary of the Senate and the Administrator
of General Services.
Sec. 3. (a) This resolution shall not be construed to
authorize the public disclosure of any record pursuant to
section 2 if such disclosure is prohibited by law or
Executive order of the President.
(b) Notwithstanding the provisions of section 2, the
Secretary of the Senate may prohibit or restrict the public
disclosure of any record so transferred, other than any
record of a Senate committee, if he determines that public
disclosure of such record would not be in the public
interest and so notifies the Administrator of General
Services.
Sec. 4. The Secretary of the Senate shall transmit a
copy of this resolution to the Administrator of General
Services.
[S. Res. 474, 96-2, Dec. 1, 1980.]
136 PRINTING IN THE CONGRESSIONAL RECORD
Resolved, That hereafter no written or printed matter
shall be received for printing in the body of the
Congressional Record as a part of the remarks of any Senator
unless such matter (1) shall have been read orally by such
Senator on the floor of the Senate, or (2) shall have been
offered and received for printing in such manner as to
indicate clearly that the contents thereof were not read
orally by such Senator on the floor of the Senate. All such
matter shall be printed in the Record in accordance with the
rules prescribed by the Joint Committee on Printing. No
request shall be entertained by the Presiding Officer to
suspend by unanimous consent the requirements of this
resolution.
[S. Jour. 510, 80-1, July 23, 1947.]
137 PRINTING OF THE EXECUTIVE JOURNAL
Resolved, That, beginning with the first session,
Ninetieth Congress, the Secretary of the Senate is
authorized to have printed not more than one hundred and
fifty copies of the Executive Journal for a session of the
Congress.
[S. Jour. 167, 90-1, Feb. 17, 1967.]
138 PRINTING OF MEMORIAL TRIBUTES TO DECEASED FORMER MEMBERS OF
THE SENATE
Resolved, That when the Senate orders the printing as a
Senate document of the legislative proceedings in the United
States Congress relating to the death of a former United
States Senator, such document shall be prepared, printed,
bound, and distributed, except to the extent otherwise
provided by the Joint Committee on Printing under chapter 1
of Title 44, United States Code, in the same manner and
under the same conditions as memorial addresses on behalf of
Members of Congress dying in office are printed under
sections 723 and 724 of such Title.
[S. Jour. 293, 93-1, Apr. 6, 1973.]
139 OFFICE OF SENATE SECURITY
Resolved, That (a) there is established, within the
Office of the Secretary of the Senate (hereinafter referred
to as the ``Secretary''), the Office of Senate Security
(hereinafter referred to as the ``Office''), which shall be
headed by a Director of Senate Security (hereinafter
referred to as the ``Director''). The Office shall be under
the policy direction of the Majority and Minority Leaders of
the Senate, and shall be under the administrative direction
and supervision of the Secretary.
(b)(1) The Director shall be appointed by the Secretary
after consultation with the Majority and Minority Leaders.
The Secretary shall fix the compensation of the Director.
Any appointment under this subsection shall be made solely
on the basis of fitness to perform the duties of the
position and without regard to political affiliation.
(2) The Director, with the approval of the Secretary,
and after consultation with the Chairman and Ranking Member
of the Committee on Rules and Administration of the Senate,
may establish such policies and procedures as may be
necessary to carry out the provisions of this resolution.
Commencing one year from the effective date of this
resolution, the Director shall submit an annual report to
the Majority and Minority Leaders and the Chairman and
Ranking Member of the Committee on Rules and Administration
on the status of security matters and the handling of
classified information in the Senate, and the progress of
the Office in achieving the mandates of this resolution.
Sec. 2. (a) The Secretary shall appoint and fix the
compensation of such personnel as may be necessary to carry
out the provisions of this resolution. The Director, with
the approval of the Secretary, shall prescribe the duties
and responsibilities of such personnel. If a Director is not
appointed, the Office shall be headed by an Acting Director.
The Secretary shall appoint and fix the compensation of the
Acting Director.
(b) The Majority and Minority Leaders of the Senate may
each designate a Majority staff assistant and a Minority
staff assistant to serve as their liaisons to the Office.
Upon such designation, the Secretary shall appoint and fix
the compensation of the Majority and Minority liaison
assistants.
Sec. 3. (a) The Office is authorized, and shall have the
responsibility, to develop, establish, and carry out
policies and procedures with respect to such matters as:
(1) the receipt, control, transmission, storage,
destruction or other handling of classified
information addressed to the United States Senate,
the President of the Senate, or Members and
employees of the Senate;
(2) the processing of security clearance
requests and renewals for officers and employees of
the Senate;
(3) establishing and maintaining a current and
centralized record of security clearances held by
officers and employees of the Senate, and developing
recommendations for reducing the number of
clearances held by such employees;
(4) consulting and presenting briefings on
security matters and the handling of classified
information for the benefit of Members and employees
of the Senate;
(5) maintaining an active liaison on behalf of
the Senate, or any committee thereof, with all
departments and agencies of the United States on
security matters; and
(6) conducting periodic review of the practices
and procedures employed by all offices of the Senate
for the handling of classified information.
(b) Within 180 days after the Director takes office, he
shall develop, after consultation with the Secretary, a
Senate Security Manual, to be printed and distributed to all
Senate offices. The Senate Security Manual will prescribe
the policies and procedures of the Office, and set forth
regulations for all other Senate offices for the handling of
classified information. [Executed.]
(c) Within 90 days after taking office, the Director
shall conduct a survey to determine the number of officers
and employees of the Senate that have security clearances
and report the findings of the survey to the Majority and
Minority Leaders and Secretary of the Senate together with
recommendations regarding the feasibility of reducing the
number of employees with such clearances.
(d) The Office shall have authority--
(1) to provide appropriate facilities in the
United States Capitol for hearings of committees of
the Senate at which restricted data or other
classified information is to be presented or
discussed;
(2) to establish and operate a central
repository in the United States Capitol for the
safeguarding of classified information for which the
Office is responsible; which shall include the
classified records, transcripts, and materials of
all closed sessions of the Senate; and
(3) to administer and maintain oaths of secrecy
under paragraph (2) of rule XXIX of the Standing
Rules of the Senate and to establish such procedures
as may be necessary to implement the provisions of
such paragraph.
Sec. 4. Funds appropriated for the fiscal year 1987
which would be available to carry out the purposes of the
Interim Office of Senate Security but for the termination of
such Office shall be available for the Office of Senate
Security.
Sec. 5. (a) All records, documents, data, materials,
rooms, and facilities in the custody of the Interim Office
of Senate Security at the time of its termination on July
10, 1987, are transferred to the Office established by
subsection (a) of the first section of this resolution.
(b) This resolution shall take effect on July 11, 1987.
[S. Res. 243, 100-1, July 1, 1987.]
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RULES FOR REGULATION OF THE SENATE WING OF THE UNITED STATES
CAPITOL AND SENATE OFFICE BUILDINGS\1\
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[Adopted by the Committee on Rules and Administration
pursuant to rule XXXIII of the Standing Rules of the Senate]
150 RULE I
SERGEANT AT ARMS
The Sergeant at Arms of the Senate, under the direction
of the Presiding Officer, shall be the Executive Officer of
the body for the enforcement of all rules made by the
Committee on Rules and Administration for the regulation of
the Senate wing of the Capitol and the Senate Office
Buildings. The Senate floor shall be at all times under his
immediate supervision, and he shall see that the various
subordinate officers of his department perform the duties to
which they are especially assigned.
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\1\Title changed effective June 22, 1998.
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The Sergeant at Arms shall see that the messengers
assigned to the doors upon the Senate floor are at their
posts and that the floor, cloakrooms, and lobby are cleared
at least five minutes before the opening of daily sessions
of all persons not entitled to remain there. In the absence
of the Sergeant at Arms the duties of his office, so far as
they pertain to the enforcement of the rules, shall devolve
upon the Deputy Sergeant at Arms.
151 RULE II
MAJORITY AND MINORITY SECRETARIES
The secretary for the majority and the secretary for the
minority shall be assigned, during the daily sessions of the
Senate, to duty upon the Senate floor.
152 RULE III
USE OF THE SENATE CHAMBER
In order to secure and protect the Senate Chamber and
its furniture and furnishings, the language contained in
paragraph numbered one of rule XXXIII of the Standing Rules
of the Senate, which reads ``The Senate Chamber shall not be
granted for any other purpose than for the use of the
Senate,'' shall be interpreted to mean that when the Senate
is not sitting in session or otherwise using the Chamber for
some function of the Senate, no Senator shall seat any
person or persons in chairs of Senators others than the
chair assigned to him (other persons shall not seat anyone
in a chair of a Senator); and lectures, talks, or speeches
shall not be given at such times to groups on the floor by
Senators or others except for the purpose of explaining the
Chamber.
153 RULE IV
TAKING OF PICTURES PROHIBITED;\1\ USE OF MECHANICAL
EQUIPMENT IN CHAMBER
153.1 1. The taking of pictures of any kind is prohibited in
the Senate Chamber, the Senate Reading Rooms (Marble Room
and Lobby), the Senate Cloakrooms, and the Private Dining
Room of the Senate.
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\1\Paragraph 1 of rule IV has been temporarily suspended
on numerous occasions for the taking of official photographs
of the Senate in session, and on Dec. 19, 1974, for
telecasting the inauguration of Vice President Nelson A.
Rockefeller. Senate authorization for the telecasting of the
New Hampshire contested senatorial election debate was not
utilized.
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153.2 2. The Sergeant at Arms shall be authorized to admit
into the Senate Chamber such mechanical equipment and/or
devices which, in the judgment of the Sergeant at Arms, are
necessary and proper in the conduct of official Senate
business and which by their presence shall not in any way
distract, interrupt, or inconvenience the business or
Members of the Senate.
154 RULE V
MESSENGERS ACTING AS ASSISTANT DOORKEEPERS
The messengers acting as Assistant Doorkeepers shall be
assigned to their duties by the Sergeant at Arms.
155 RULE VI
GALLERIES
The Sergeant at Arms shall keep the aisles of the
galleries clear, and shall not allow admittance into the
galleries of more than their seating capacity, nor shall he
allow admittance of children under the age of six into the
galleries. He shall not permit any person to enter a gallery
with or carrying any firearms or dangerous weapons except
for law enforcement and other personnel performing duties
under the direction of the Senate, or any package, bundle,
suitcase, briefcase, or camera; he shall not permit any
person in any gallery to smoke, applaud, or commit any other
type of demonstration either by sound or sign; except in the
press, radio, television, and correspondents' galleries he
shall not permit any person to read (except the Senate
seating diagram) or to write or take notes (except bona fide
employees of the Senate when sitting in the Staff Gallery
and making notes in the course of their employment); he
shall not permit any person to take any picture or
photograph or to sketch or draw; he shall not permit any
person to place any object whatsoever--including hats,
coats, or other personal apparel--or portion of a person on
any railing, or any male to wear a hat, except that where a
man's religious beliefs require that he wear a head-cover in
such public places as the Senate Gallery, then such head-
cover shall be permitted;\1\ and he shall not allow any
person to lean forward over the railings or to place his or
her hands thereon.
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\1\Adopted Apr. 1, 1987.
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The galleries of the Senate shall be set apart and
occupied as follows:
155.1 press gallery
The gallery in the rear of the Vice President's chair
shall be set apart for reporters of daily newspapers.
The administration of the Press Gallery shall be vested
in a Standing Committee of Correspondents elected by
accredited members of the gallery. The committee shall
consist of five persons elected to serve for terms of two
years: Provided, however, That at the election in January
1951, the three candidates receiving the highest number of
votes shall serve for two years and the remaining two for
one year. Thereafter, three members shall be elected in odd-
numbered years and two in even-numbered years. Elections
shall be held in January. The committee shall elect its own
chairman and secretary. Vacancies on the committee shall be
filled by special election to be called by the Standing
Committee.
Persons desiring admission to the Press Gallery in the
Senate wing shall make application in accordance with rule
XXXIII for the regulation of the Senate wing of the Capitol,
which rule shall be interpreted and administered by the
Standing Committee of Correspondents, subject to the review
and approval by the Senate Committee on Rules and
Administration.
The Standing Committee of Correspondents shall limit
membership in the Press Gallery to bona fide correspondents
of repute in their profession, under such rules as the
Standing Committee of Correspondents shall prescribe:
Provided, however, That the Standing Committee of
Correspondents shall admit to the Press Gallery no person
who does not establish to the satisfaction of the Standing
Committee all of the following:
a. That his or her principal income is obtained from
news correspondence intended for publication in newspapers
entitled to second-class mailing privileges.
b. That he or she is not engaged in paid publicity or
promotion work or in prosecuting any claim before Congress
or before any department of the Government, and will not
become so engaged while a member of the Press Gallery.
c. That he or she is not engaged in any lobbying
activity and will not become so engaged while a member of
the Press Gallery.
Members of the families of correspondents are not
entitled to the privileges of the Press Gallery.
The Standing Committee of Correspondents shall propose
no change or changes in these rules except upon petition in
writing signed by not less than 100 accredited members of
the Press Gallery.
155.2 radio and television correspondents gallery
The front row in the northeast public gallery shall be
set apart for the use of the radio-television
correspondents.
Persons desiring admission to the Radio and Television
Correspondents Gallery of the Senate shall make application
to the Committee on Rules and Administration of the Senate,
as required by rule XXXIII for the regulation of the Senate
wing of the Capitol; and shall also state, in writing, the
names of all radio stations, television stations, systems,
or news-gathering organizations by which they are employed;
and what other occupation or employment they may have, if
any; and shall further declare that they are not engaged in
the prosecution of claims or promotion of legislation
pending before Congress, the departments, or the independent
agencies, and that they will not become so employed without
resigning from the gallery. They shall further declare that
they are not employed in any legislative or executive
department or independent agency of the Government, or by
any foreign government or representative thereof; that they
are not engaged in any lobbying activities; that they do not
and will not, directly or indirectly, furnish special
information to any organization, individual, or group of
individuals, for the influencing of prices on any commodity
or stock exchange; that they will not do so during the time
they retain membership in the gallery. Holders of visitors'
cards who may be allowed temporary admission to the gallery
must conform to all the restrictions of this paragraph.
It shall be prerequisite to membership that the radio
station, television station, system, or news-gathering
agencies which the applicants represent shall certify, in
writing, to the Radio and Television Correspondents Gallery
that the applicants conform to the foregoing regulations.
The applications required by the above rule shall be
authenticated in a manner that shall be satisfactory to the
Executive Committee of the Radio and Television
Correspondents Gallery, which shall see that the occupation
of the gallery is confined to bona fide news gatherers and/
or reporters of reputable standing in their business who
represent radio stations, television stations, systems, or
news-gathering agencies engaged primarily in serving radio
stations, television stations, or systems. It shall be the
duty of the Executive Committee of the Radio and Television
Correspondents Gallery to report, at its discretion,
violation of privileges of the gallery to the Senate
Committee on Rules and Administration, and, pending action
thereon, the offending individual may be suspended.
Persons engaged in other occupations, whose chief
attention is not given to--or more than one-half of their
earned income is not derived from--the gathering or
reporting of news for radio stations, television stations,
systems, or news-gathering agencies primarily serving radio
stations, television stations, or systems, shall not be
entitled to admission to the Radio and Television
Correspondents Gallery. The Radio and Television
Correspondents list in the Congressional Directory shall be
a list only of persons whose chief attention is given to the
gathering and reporting of news for radio stations,
television stations, and systems engaged in the daily
dissemination of news, and of representatives of news-
gathering agencies engaged in the daily service of news to
such radio stations, television stations, or systems.
Members of the families of correspondents are not
entitled to the privileges of the gallery.
The Radio and Television Correspondents Gallery shall be
under the control of the Executive Committee of the Radio
and Television Correspondents Gallery, subject to the
approval and supervision of the Senate Committee on Rules
and Administration.
155.3 periodical press gallery
The front row in the northwest public gallery shall be
set aside for the use of the periodical press.
1. Persons eligible for admission to the Periodical
Press Gallery of the Senate must be bona fide resident
correspondents of reputable standing, giving their chief
attention to the gathering and reporting of news. They shall
state in writing the names of their employers and their
additional sources of earned income; and they shall declare
that, while a member of the Gallery, they will not act as an
agent in the prosecution of claims, and will not become
engaged or assist, directly or indirectly, in any lobbying,
promotion, advertising, or publicity activity intended to
influence legislation or any other action of the Congress,
nor any matter before any independent agency, or any
department or other instrumentality of the Executive Branch;
and that they will not act as an agent for, or be employed
by the federal, or any state, local or foreign government or
representatives thereof; and that they will not, directly or
indirectly, furnish special or ``insider'' information
intended to influence prices or for the purpose of trading
on any commodity or stock exchange; and that they will not
become employed, directly or indirectly, by any stock
exchange, board of trade or other organization or member
thereof, or brokerage house or broker engaged in the buying
and selling of any security or commodity. Applications shall
be submitted to the Executive Committee of the Periodical
Correspondents' Association and shall be authenticated in a
manner satisfactory to the Executive Committee.
2. Applicants must be employed by periodicals that
regularly publish a substantial volume of news material of
either general, economic, industrial, technical, cultural or
trade character. The periodical must require such Washington
coverage on a continuing basis and must be owned and
operated independently of any government, industry,
institution, association, or lobbying organization.
Applicants must also be employed by a periodical that is
published for profit and is supported chiefly by advertising
or by subscription, or by a periodical meeting the
conditions in this paragraph but published by a non-profit
organization that, first, operates independently of any
government, industry, or institution and, second, does not
engage, directly or indirectly, in any lobbying or other
activity intended to influence any matter before Congress or
before any independent agency or any department or other
instrumentality of the Executive Branch. House organs are
not eligible.
3. Members of the families of correspondents are not
entitled to the privileges of the gallery.
4. The Executive Committee may issue temporary
credentials permitting the privileges of the Gallery to
individuals who meet the rules of eligibility but who may be
on short term assignment or temporarily resident in
Washington.
5. Under the authority of Rule XXXIII of the Senate, the
Periodical Press Gallery of the Senate shall be under the
control of the Executive Committee, subject to the approval
and supervision of the Senate Committee on Rules and
Administration. It shall be the duty of the Executive
Committee, at its discretion, to report violations of the
privileges of the Gallery to the Senate Committee on Rules
and Administration, and pending action thereon, the
offending correspondent may be suspended. The Committee
shall be elected at the start of each Congress by members of
the Periodical Correspondents' Association, and shall
consist of seven members with no more than one member from
any one publishing organization. The Committee shall elect
its own officers, and a majority of the Committee may fill
vacancies on the Committee. The list in the Congressional
Directory shall be a list only of members of the Periodical
Correspondents' Association.
155.4 press photographers' gallery
1. (a) Administration of the Press Photographers'
Gallery is vested in a Standing Committee of Press
Photographers consisting of six persons elected by
accredited members of the gallery. The Committee shall be
composed of one member each from Associated Press Photos,
United Press International Newspictures, magazine media, and
local newspapers and two ``at large'' members. ``At large''
members may be, but need not be, selected from a media
otherwise represented on the Committee.
(b) The term of office of a member of the Committee
elected as the Associated Press Photos member, the local
newspapers member, or one of the ``at large'' members shall
expire on the day of the election held in the first odd-
numbered year following the year in which he was elected,
and the term of office of a member of the Committee elected
as the United Press International Newspictures member, the
magazine media member, or the remaining ``at large'' member
shall expire on the day of the election held in the first
even-numbered year following the year in which he was
elected, except that a member elected to fill a vacancy
occurring prior to the expiration of a term shall serve only
for the unexpired portion of such term.
(c) Elections shall be held as early as practicable in
each year, and in no case later than March 31. A vacancy in
the membership of the Committee occurring prior to the
expiration of a term shall be filled by special election
called for that purpose by the Committee.
(d) The Standing Committee of the Press Photographers'
Gallery shall propose no change or changes in these rules
except upon petition in writing signed by not less than 25
accredited members of the gallery.
2. Persons desiring admission to the Press
Photographers' Gallery of the Senate shall make application
in accordance with Rule XXXIII of the Senate, which rule
shall be interpreted and administered by the Standing
Committee of Press Photographers subject to the review and
approval of the Senate Committee on Rules and
Administration.
3. The Standing Committee of Press Photographers shall
limit membership in the photographers' gallery to bona fide
news photographers of repute in their profession and to
heads of Photographic Bureaus under such rules as the
Standing Committee of Press Photographers shall prescribe.
4. Provided, however, That the Standing Committee of
Press Photographers shall admit to the gallery no person who
does not establish to the satisfaction of the Committee all
of the following:
(a) That any member is not engaged in paid
publicity or promotion work or in prosecuting any
claim before Congress or before any department of
the Government, and will not become so engaged while
a member of the gallery.
(b) That he or she is not engaged in any
lobbying activity and will not become so engaged
while a member of the gallery.
155.5 presidential and diplomatic gallery
The southern gallery over the main entrance to the
Senate Chamber, except the first three rows on the eastern
side of the aisle, shall be set apart for the use of the
Diplomatic Corps, and no person shall be admitted to it
excepting the Secretary of State, foreign ministers, their
families and suites, and Senators.
The cards of admission to said gallery shall be issued
by the Secretary of State, or the chairman of the Committee
on Rules and Administration, to such persons as are entitled
to its privileges.
The first row on the eastern side of this gallery shall
be set apart for the use of the President; the second row on
the eastern side of this gallery shall be set apart for the
use of the Vice President; and the third row on the eastern
side of this gallery shall be set apart for the use of the
President pro tempore of the Senate.
155.6 senate gallery
The first two rows of the gallery over the east entrance
to the Senate shall be set apart for the exclusive use of
the wives and other members of the immediate families of
Senators.
The remainder of the gallery shall be set apart for the
exclusive use of the families of Senators and guests
visiting their families who shall be designated by some
member of the Senator's family, and for the families of ex-
Presidents of the United States, as well as families of
incumbent Secretary and Sergeant at Arms of the Senate.
Employees of the Senate, except those on duty at the
gallery door, shall be excluded.
155.7 visitors' galleries
The visitors' galleries shall be governed by the
following rule:
The galleries over the western entrance to the Senate
Chamber and over the southeastern, northwestern, and
northeastern corners of said Chamber shall be set apart for
the use of persons holding a card issued by a Senator. The
period to which such card of admission shall be limited
rests entirely in the discretion of the Senator issuing it,
except that such cards shall expire at the end of each
session and cards of a different color shall be furnished by
the Sergeant at Arms for the following session. The Sergeant
at Arms shall in his discretion limit occupancy of the
visitors' galleries to such periods as may be required to
accommodate with reasonable expediency all card bearers who
are seeking admission.
155.8 special gallery
The gallery adjoining and west of the Diplomatic Gallery
shall be reserved for guided tours and other special
parties.
156 RULE VII
MARBLE ROOM
The anteroom known as the Marble Room is a part of the
floor of the Senate.
157 RULE VIII
CLOAKROOMS
No persons shall be admitted to the cloakrooms adjoining
the Senate Chamber excepting those entitled to the
privileges of the Senate floor under Standing Rule XXIII.
158 RULE IX
HEATING AND VENTILATING DEPARTMENT
No person shall be admitted to the heating and
ventilating department of the Senate wing of the Capitol,
except upon a pass from the Sergeant at Arms, or unless
accompanied by an officer of the Senate.
159 RULE X
SMOKING POLICY\1\
Smoking is prohibited in all public places and
unassigned space within the Senate Wing of the Capitol, the
Senate Office Buildings, and within twenty five feet from
the entrances thereto. Smoking is also prohibited under the
carriage entrance and the East Portico connected to the
Senate Wing of the Capitol. Each Senator, Chairman of a
Committee (after consultation with the Ranking Member), the
Secretary of the Senate, the Sergeant at Arms, the Architect
of the Capitol, the Chaplain, and heads of support
organizations assigned space in the Senate Wing of the
Capitol or the Senate Office Buildings may establish
individual smoking policies for office space assigned to
them.
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\1\Adopted March 27, 2009; amended June 12, 2012.
160 RULE XI
SENATE RESTAURANTS
The management of the Senate Restaurants and all matters
connected therewith are under the jurisdiction, control, and
direction of the Committee on Rules and Administration.\2\
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\2\Rule XXV (n)(1) 12 of the Standing Rules of the
Senate.
Note.--Pursuant to Public Law 87-82 (75 Stat. 199, July
6, 1961) the management of the Senate Restaurants was
transferred to the Architect of the Capitol, subject to
approval by the Committee on Rules and Administration as to
matters of general policy. See Senate Manual Section 722.
161 RULE XII
CORRIDORS, ETC.
The corridors and passageways of the Senate wing of the
Capitol shall be kept open and free from obstructions and
free from any person or persons loitering or loafing in or
around such places without any visible or lawful business
and not giving a good account of themselves; and no stands,
booths, or counters for the exhibition or sale of any
article shall be placed therein.
162 RULE XIII
PEDDLING, BEGGING, ETC.
Peddling, begging, and the solicitation of book or other
subscriptions are strictly forbidden in the Senate wing of
the Capitol, and no portion of said wing shall be occupied
by signs or other devices for advertising any article
whatsoever excepting timetables in the Post Office and such
signs as may be necessary to designate the entrances to the
Senate Restaurant.
163 RULE XIV
SWEEPING, CLEANING
All sweeping, cleaning, and dusting of the Senate wing
of the Capitol shall be done, as far as practicable,
immediately after the adjournment of each day's session of
the Senate, and must, in any event, be completed before 8
o'clock a.m.
164 RULE XV
LEGISLATIVE BUZZERS AND SIGNAL LIGHTS
Effective May 15, 1981, the system of legislative
buzzers and signal lights shall be as follows:
Pre-session signals: One long ring at hour of convening.
One red light to remain lighted at
all times while Senate is in
actual session.
Session signals: One ring--Yeas and nays.
Two rings--quorum call.
Three rings--Call of absentees.
Four rings--Adjournment or recess.
(End of daily session.)
Five rings--Seven and a half minutes
remaining on yea and nay vote.
Six rings--Morning business
concluded. (Six rings with
corresponding lights. Lights cut
off immediately.)
Recess during daily session. (Six
rings with corresponding lights.
Lights stay on during period of
recess.)
Effective July 13, 1967, the legislative call system
shall be used for alerting Members of Congress,
Congressional employees, and visitors of enemy attack or
other major disaster conditions. There will be two signals:
1. Attack warning.--Notification to all
occupants that the United States is under attack and
that there is real danger of loss of life. This
warning would be given by a sequence of two-second
sounds of the legislative bells separated by two-
second silent intervals. This signal would be
repeated for 3 to 5 minutes.
2. Attention signal.--Notification of peacetime
disasters, such as accidental presence of
radioactive materials or severe weather or natural
disaster conditions. This signal would be given by a
series of 16-second bell sounds separately by 16-
second silent intervals, repeated for 3 to 5
minutes.
(Where lights exist they will correspond
with rings.)
165 RULE XVI
SENATE OFFICE BUILDING\1\ AND OTHER SENATE BUILDINGS
All provisions of the foregoing rules so far as
practicable are made applicable to the Senate Office
Buildings,\1\ the buildings used for the storage of Senate
documents, and the Senate garage.
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\1\See Senate Manual Secs. 125, 126.
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166 RULE XVII
USE OF DISPLAY MATERIALS IN THE SENATE CHAMBER\2\
Graphic displays in the Senate Chamber are limited to
the following:
\2\Effective July 25, 1986; amended Nov. 4, 1993.
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Charts, photographs, or renderings:
Size--No larger than 36 inches by 48 inches.
Where--On an easel stand next to the Senator's desk or
at the rear of the Chamber.
When--Only at the time the Senator is engaged in debate.
Number--No more than two may be displayed at a time.
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RULES OF PROCEDURE AND PRACTICE IN THE SENATE WHEN SITTING
ON IMPEACHMENT TRIALS
------------------------------------------------------------
[Revised pursuant to S. Res. 479, 99-2, Aug. 16, 1986]
170 I. Whensoever the Senate shall receive notice from the
House of Representatives that managers are appointed on
their part to conduct an impeachment against any person and
are directed to carry articles of impeachment to the Senate,
the Secretary of the Senate shall immediately inform the
House of Representatives that the Senate is ready to receive
the managers for the purpose of exhibiting such articles of
impeachment, agreeably to such notice.
171 II. When the managers of an impeachment shall be
introduced at the bar of the Senate and shall signify that
they are ready to exhibit articles of impeachment against
any person, the Presiding Officer of the Senate shall direct
the Sergeant at Arms to make proclamation, who shall, after
making proclamation, repeat the following words, viz: ``All
persons are commanded to keep silence, on pain of
imprisonment, while the House of Representatives is
exhibiting to the Senate of the United States articles of
impeachment against ------ ------''; after which the
articles shall be exhibited, and then the Presiding Officer
of the Senate shall inform the managers that the Senate will
take proper order on the subject of the impeachment, of
which due notice shall be given to the House of
Representatives.
172 III. Upon such articles being presented to the Senate,
the Senate shall, at 1 o'clock afternoon of the day (Sunday
excepted) following such presentation, or sooner if ordered
by the Senate, proceed to the consideration of such articles
and shall continue in session from day to day (Sundays
excepted) after the trial shall commence (unless otherwise
ordered by the Senate) until final judgment shall be
rendered, and so much longer as may, in its judgment, be
needful. Before proceeding to the consideration of the
articles of impeachment, the Presiding Officer shall
administer the oath hereinafter provided to the members of
the Senate then present and to the other members of the
Senate as they shall appear, whose duty it shall be to take
the same.
173 IV. When the President of the United States or the Vice
President of the United States, upon whom the powers and
duties of the Office of President shall have devolved, shall
be impeached, the Chief Justice of the United States shall
preside; and in a case requiring the said Chief Justice to
preside notice shall be given to him by the Presiding
Officer of the Senate of the time and place fixed for the
consideration of the articles of impeachment, as aforesaid,
with a request to attend; and the said Chief Justice shall
be administered the oath by the Presiding Officer of the
Senate and shall presideover the Senate during the
consideration of said articles and upon the trial of the
person impeached therein.
174 V. The Presiding Officer shall have power to make and
issue, by himself or by the Secretary of the Senate, all
orders, mandates, writs, and precepts authorized by these
rules or by the Senate, and to make and enforce such other
regulations and orders in the premises as the Senate may
authorize or provide.
175 VI. The Senate shall have power to compel the attendance
of witnesses, to enforce obedience to its orders, mandates,
writs, precepts, and judgments, to preserve order, and to
punish in a summary way contempts of, and disobedience to,
its authority, orders, mandates, writs, precepts, or
judgments, and to make all lawful orders, rules, and
regulations which it may deem essential or conducive to the
ends of justice. And the Sergeant at Arms, under the
direction of the Senate, may employ such aid and assistance
as may be necessary to enforce, execute, and carry into
effect the lawful orders, mandates, writs, and precepts of
the Senate.
176 VII. The Presiding Officer of the Senate shall direct
all necessary preparations in the Senate Chamber, and the
Presiding Officer on the trial shall direct all the forms of
proceedings while the Senate is sitting for the purpose of
trying an impeachment, and all forms during the trial not
otherwise specially provided for. And the Presiding Officer
on the trial may rule on all questions of evidence
including, but not limited to, questions of relevancy,
materiality, and redundancy of evidence and incidental
questions, which ruling shall stand as the judgment of the
Senate, unless some Member of the Senate shall ask that a
formal vote be taken thereon, in which case it shall be
submitted to the Senate for decision without debate; or he
may at his option, in the first instance, submit any such
question to a vote of the Members of the Senate. Upon all
such questions the vote shall be taken in accordance with
the Standing Rules of the Senate.
177 VIII. Upon the presentation of articles of impeachment
and the organization of the Senate as hereinbefore provided,
a writ of summons shall issue to the person impeached,
reciting said articles, and notifying him to appear before
the Senate upon a day and at a place to be fixed by the
Senate and named in such writ, and file his answer to said
articles of impeachment, and to stand to and abide the
orders and judgments of the Senate thereon; which writ shall
be served by such officer or person as shall be named in the
precept thereof, such number of days prior to the day fixed
for such appearance as shall be named in such precept,
either by the delivery of an attested copy thereof to the
person impeached, or if that can not conveniently be done,
by leaving such copy at the last known place of abode of
such person, or at his usual place of business in some
conspicuous place therein; or if such service shall be, in
the judgment of the Senate, impracticable, notice to the
person impeached to appear shall be given in such other
manner, by publication or otherwise, as shall be deemed
just; and if the writ aforesaid shall fail of service in the
manner aforesaid, the proceedings shall not thereby abate,
but further service may be made in such manner as the Senate
shall direct. If the person impeached, after service, shall
fail to appear, either in person or by attorney, on the day
so fixed therefor as aforesaid, or, appearing, shall fail to
file his answer to such articles of impeachment, the trial
shall proceed, nevertheless, as upon a plea of not guilty.
If a plea of guilty shall be entered, judgment may be
entered thereon without further proceedings.
178 IX. At 12:30 o'clock afternoon of the day appointed for
the return of the summons against the person impeached, the
legislative and executive business of the Senate shall be
suspended, and the Secretary of the Senate shall administer
an oath to the returning officer in the form following, viz:
``I, ------ ------, do solemnly swear that the return made
by me upon the process issued on the ---- day of ------, by
the Senate of the United States, against ------ ------, is
truly made, and that I have performed such service as
therein described: So help me God.'' Which oath shall be
entered at large on the records.
179 X. The person impeached shall then be called to appear
and answer the articles of impeachment against him. If he
appears, or any person for him, the appearance shall be
recorded, stating particularly if by himself, or by agent or
attorney, naming the person appearing and the capacity in
which he appears. If he does not appear, either personally
or by agent or attorney, the same shall be recorded.
180 XI. That in the trial of any impeachment the Presiding
Officer of the Senate, if the Senate so orders, shall
appoint a committee of Senators to receive evidence and take
testimony at such times and places as the committee may
determine, and for such purpose the committee so appointed
and the chairman thereof, to be elected by the committee,
shall (unless otherwise ordered by the Senate) exercise all
the powers and functions conferred upon the Senate and the
Presiding Officer of the Senate, respectively, under the
rules of procedure and practice in the Senate when sitting
on impeachment trials.
Unless otherwise ordered by the Senate, the rules of
procedure and practice in the Senate when sitting on
impeachment trials shall govern the procedure and practice
of the committee so appointed. The committee so appointed
shall report to the Senate in writing a certified copy of
the transcript of the proceedings and testimony had and
given before such committee, and such report shall be
received by the Senate and the evidence so received and the
testimony so taken shall be considered to all intents and
purposes, subject to the right of the Senate to determine
competency, relevancy, and materiality, as having been
received and taken before the Senate, but nothing herein
shall prevent the Senate from sending for any witness and
hearing his testimony in open Senate, or by order of the
Senate having the entire trial in open Senate.
181 XII. At 12:30 o'clock afternoon, or at such other hour
as the Senate may order, of the day appointed for the trial
of an impeachment, the legislative and executive business of
the Senate shall be suspended, and the Secretary shall give
notice to the House of Representatives that the Senate is
ready to proceed upon the impeachment of ------ ------, in
the Senate Chamber.
182 XIII. The hour of the day at which the Senate shall sit
upon the trial of an impeachment shall be (unless otherwise
ordered) 12 o'clock m.; and when the hour shall arrive, the
Presiding Officer upon such trial shall cause proclamation
to be made, and the business of the trial shall proceed. The
adjournment of the Senate sitting in said trial shall not
operate as an adjournment of the Senate; but on such
adjournment the Senate shall resume the consideration of its
legislative and executive business.
183 XIV. The Secretary of the Senate shall record the
proceedings in cases of impeachment as in the case of
legislative proceedings, and the same shall be reported in
the same manner as the legislative proceedings of the
Senate.
184 XV. Counsel for the parties shall be admitted to appear
and be heard upon an impeachment.
185 XVI. All motions, objections, requests, or applications
whether relating to the procedure of the Senate or relating
immediately to the trial (including questions with respect
to admission of evidence or other questions arising during
the trial) made by the parties or their counsel shall be
addressed to the Presiding Officer only, and if he, or any
Senator, shall require it, they shall be committed to
writing, and read at the Secretary's table.
186 XVII. Witnesses shall be examined by one person on
behalf of the party producing them, and then cross-examined
by one person on the other side.
187 XVIII. If a Senator is called as a witness, he shall be
sworn, and give his testimony standing in his place.
188 XIX. If a Senator wishes a question to be put to a
witness, or to a manager, or to counsel of the person
impeached, or to offer a motion or order (except a motion to
adjourn), it shall be reduced to writing, and put by the
Presiding Officer. The parties or their counsel may
interpose objections to witnesses answering questions
propounded at the request of any Senator and the merits of
any such objection may be argued by the parties or their
counsel. Ruling on any such objection shall be made as
provided in Rule VII. It shall not be in order for any
Senator to engage in colloquy.
189 XX. At all times while the Senate is sitting upon the
trial of an impeachment the doors of the Senate shall be
kept open, unless the Senate shall direct the doors to be
closed while deliberating upon its decisions. A motion to
close the doors may be acted upon without objection, or, if
objection is heard, the motion shall be voted on without
debate by the yeas and nays, which shall be entered on the
record.
190 XXI. All preliminary or interlocutory questions, and all
motions, shall be argued for not exceeding one hour (unless
the Senate otherwise orders) on each side.
191 XXII. The case, on each side, shall be opened by one
person. The final argument on the merits may be made by two
persons on each side (unless otherwise ordered by the Senate
upon application for that purpose), and the argument shall
be opened and closed on the part of the House of
Representatives.
192 XXIII. An article of impeachment shall not be divisible
for the purpose of voting thereon at any time during the
trial. Once voting has commenced on an article of
impeachment, voting shall be continued until voting has been
completed on all articles of impeachment unless the Senate
adjourns for a period not to exceed one day or adjourns sine
die. On the final question whether the impeachment is
sustained, the yeas and nays shall be taken on each article
of impeachment separately; and if the impeachment shall not,
upon any of the articles presented, be sustained by the
votes of two-thirds of the Members present, a judgment of
acquittal shall be entered; but if the person impeached
shall be convicted upon any such article by the votes of
two-thirds of the Members present, the Senate shall proceed
to the consideration of such other matters as may be
determined to be appropriate prior to pronouncing judgment.
Upon pronouncing judgment, a certified copy of such judgment
shall be deposited in the office of the Secretary of State.
A motion to reconsider the vote by which any article of
impeachment is sustained or rejected shall not be in order.
192.1 Form of putting the question on each article of impeachment.
The Presiding Officer shall first state the question;
thereafter each Senator, as his name is called, shall rise
in his place and answer: guilty or not guilty.
193 XXIV. All the orders and decisions may be acted upon
without objection, or, if objection is heard, the orders and
decisions shall be voted on without debate by yeas and nays,
which shall be entered on the record, subject, however, to
the operation of Rule VII, except when the doors shall be
closed for deliberation, and in that case no member shall
speak more than once on one question, and for not more than
ten minutes on an interlocutory question, and for not more
than fifteen minutes on the final question, unless by
consent of the Senate, to be had without debate; but a
motion to adjourn may be decided without the yeas and nays,
unless they be demanded by one-fifth of the members present.
The fifteen minutes herein allowed shall be for the whole
deliberation on the final question, and not on the final
question on each article of impeachment.
194 XXV. Witnesses shall be sworn in the following form,
viz: ``You, ------ ------, do swear (or affirm, as the case
may be) that the evidence you shall give in the case now
pending between the United States and ------ ------, shall
be the truth, the whole truth, and nothing but the truth: So
help you God.'' Which oath shall be administered by the
Secretary, or any other duly authorized person.
194.1 Form of a subpoena be issued on the application of the
managers of the impeachment, or of the party impeached,
or of his counsel.
To ------ ------, greeting:
You and each of you are hereby commanded to appear
before the Senate of the United States, on the ---- day of
------, at the Senate Chamber in the city of Washington,
then and there to testify your knowledge in the cause which
is before the Senate in which the House of Representatives
have impeached ------ ------.
Fail not.
Witness ------ ------, and Presiding Officer of the
Senate, at the city of Washington, this ---- day of ------,
in the year of our Lord --------, and of the Independence of
the United States the ------.
------ ------,
Presiding Officer of the Senate.
194.2 FORM OF DIRECTION FOR THE SERVICE OF SAID SUBPOENA
The Senate of the United States to ------ ------, greeting:
You are hereby commanded to serve and return the within
subpoena according to law.
Dated at Washington, this ---- day of ------, in the
year of our Lord ----, and of the Independence of the United
States the ------.
------ ------,
Secretary of the Senate.
194.3 FORM OF OATH TO BE ADMINISTERED TO THE MEMBERS OF THE SENATE
AND THE PRESIDING OFFICER SITTING IN THE TRIAL OF
IMPEACHMENTS
``I solemnly swear (or affirm, as the case may be) that
in all things appertaining to the trial of the impeachment
of ------ ------, now pending, I will do impartial justice
according to the Constitution and laws: So help me God.''
194.4 FORM OF SUMMONS TO BE ISSUED AND SERVED UPON THE PERSON
IMPEACHED
The United States of America, ss:
The Senate of the United States to ------ ------, greeting:
Whereas the House of Representatives of the United
States of America did, on the ---- day of ------, exhibit to
the Senate articles of impeachment against you, the said --
---- ------, in the words following:
[Here insert the articles]
And demand that you, the said ------ ------, should be put
to answer the accusations as set forth in said articles, and
that such proceedings, examinations, trials, and judgments
might be thereupon had as are agreeable to law and justice.
You, the said ------ ------, are therefore hereby
summoned to be and appear before the Senate of the United
States of America, at their Chamber in the city of
Washington, on the ---- day of ------, at ---- o'clock ----,
then and there to answer to the said articles of
impeachment, and then and there to abide by, obey, and
perform such orders, directions, and judgments as the Senate
of the United States shall make in the premises according to
the Constitution and laws of the United States.
Hereof you are not to fail.
Witness ------ ------, and Presiding Officer of the said
Senate, at the city of Washington, this ---- day of ------,
in the year of our Lord ------, and of the Independence of
the United States the ------.
------ ------,
Presiding Officer of the Senate.
194.5 FORM OF PRECEPT TO BE INDORSED ON SAID WRIT OF SUMMONS
The United States of America, ss:
The Senate of the United States to ------ ------, greeting:
You are hereby commanded to deliver to and leave with --
---- ------, if conveniently to be found, or if not, to
leave at his usual place of abode, or at his usual place of
business in some conspicuous place, a true and attested copy
of the within writ of summons, together with a like copy of
this precept; and in whichsoever way you perform the
service, let it be done at least ------ days before the
appearance day mentioned in the said writ of summons.
Fail not, and make return of this writ of summons and
precept, with your proceedings thereon indorsed, on or
before the appearance day mentioned in the said writ of
summons.
Witness ------ ------, and Presiding Officer of the
Senate, at the city of Washington, this ---- day of ------,
in the year of our Lord ------, and of the Independence of
the United States the ------.
------ ------,
Presiding Officer of the Senate.
All process shall be served by the Sergeant at Arms of
the Senate, unless otherwise ordered by the Senate.
195 XXVI. If the Senate shall at any time fail to sit for
the consideration of articles of impeachment on the day or
hour fixed therefor, the Senate may, by an order to be
adopted without debate, fix a day and hour for resuming such
consideration.
------------------------------------------------------------
CLEAVES' MANUAL OF THE LAW AND PRACTICE IN REGARD TO
CONFERENCES AND CONFERENCE REPORTS\1\
------------------------------------------------------------
[Note.--The figures in parentheses at the end of rules
refer to sections of Hinds' Parliamentary Precedents (H.R.
Doc. 576, 55-2), where decisions and proceedings may be
found. The notes and references inserted are additional to
those in the work, and not found therein.]
---------------------------------------------------------------------------
\1\Collated and prepared by Thomas P. Cleaves, Clerk to
the Committee on Appropriations, United States Senate, and
reported to the Senate by Mr. Allison, First Session, Fifty-
seventh Congress, under the following resolution of June 6,
1900:
``Resolved, That the Committee on Appropriations cause
to be prepared for the use of the Senate a manual of the law
and practice in regard to conferences and conference
reports.''
This manual is included for historical purposes and has
not been updated to reflect current law and practice in
regard to conferences. For current practice, see the
``Conferences and Conference Reports'' section of Riddick
and Frumin, Riddick's Senate Procedure: Precedents and
Practices.
---------------------------------------------------------------------------
CONFERENCES
200 1. Parliamentary law relating to conferences as stated
in Jefferson's Manual, Section XLVI:
200.1 It is on the occasion of amendments between the Houses
that conferences are usually asked; but they may be asked in
all cases of difference of opinion between the two Houses on
matters depending between them. The request of a conference,
however, must always be by the House which is possessed of
the papers. (3 Hats., 31; 1 Grey, 425.)
200.2 Conferences may either be simple or free. At a
conference simply,\2\ written reasons are prepared by the
House asking it, and they are read and delivered without
debate, to the managers of the other House at the
conference, but are not then to be answered. (4 Grey, 144.)
The other House then, if satisfied, vote the reasons
satisfactory, or say nothing; if not satisfied, they resolve
them not satisfactory and ask a conference on the subject of
the last conference, where they read and deliver, in like
manner, written answers to those reasons. (3 Grey, 183.)
They are meant chiefly to record the justification of each
House to the nation at large and to posterity, and in proof
that the miscarriage of a necessary measure is not imputable
to them. (3 Grey, 225.) At free conferences the managers
discuss, vivi voce
---------------------------------------------------------------------------
\2\So in original.
---------------------------------------------------------------------------
and freely, and interchange propositions for such
modifications as may be made in a parliamentary way, and may
bring the sense of the two Houses together. And each party
reports in writing to their respective Houses the substance
of what is said on both sides, and it is entered in their
journals. (9 Grey, 220; 3 Hats., 280.) This report can not
be amended or altered, as that of a committee may be.
(Journal Senate, May 24, 1796.)
200.3 A conference may be asked before the House asking if it
has come to a resolution of disagreement, insisting or
adhering. (3 Hats., 269, 341.) In which case the papers are
not left with the other conferees, but are brought back to
be the foundation of the vote to be given. And this is the
most reasonable and respectful proceeding; for, as was urged
by the Lords on a particular occasion, ``it is held vain,
and below the wisdom of Parliament, to reason or argue
against fixed resolutions and upon terms of impossibility to
persuade.'' (3 Hats., 226.) So the Commons say, ``an
adherence is never delivered at a free conference, which
implies debate.'' (10 Grey, 137.) And on another occasion
the Lords made it an objection that the Commons had asked a
free conference after they had made resolutions of adhering.
It was then affirmed, however, on the part of the Commons,
that nothing was more parliamentary than to proceed with
free conferences after adhering (3 Hats., 369), and we do in
fact see instances of conference, or of free conference,
asked after the resolution of disagreeing (3 Hats., 251,
253, 260, 286, 291, 316, 349); of insisting (ib., 280, 296,
299, 319, 322, 355); of adhering (269, 270, 283, 300), and
even of a second or final adherence. (3 Hats., 270.) And in
all cases of conference asked after a vote of disagreement,
etc., the conferees of the House asking it are to leave the
papers with the conferees of the other; and in one case
where they refused to receive them they were left on the
table in the conference chamber. (Ib., 271, 317, 323, 354;
10 Grey, 146.)
200.4 After a free conference the usage is to proceed with
free conferences, and not to return again to a conference.
(3 Hats., 270; 9 Grey, 229.)
200.5 After a conference denied a free conference may be asked
(1 Grey, 45.)
200.6 When a conference is asked the subject of it must be
expressed or the conference not agreed to. (Ord. H. Com.,
89; 1 Grey, 425; 7 Grey, 31.) They are sometimes asked to
inquire concerning an offense or default of a member of the
other House. (6 Grey, 181; 1 Chand., 204.) Or the failure of
the other House to present to the King a bill passed by both
Houses. (8 Grey, 302.) Or on information received and
relating to the safety of the nation. (10 Grey, 171.) Or
when the methods of Parliament are thought by the one House
to have been departed from by the other a conference is
asked to come to a right understanding thereon. (10 Grey,
148.) So when an unparliamentary message has been sent,
instead of answering it, they ask a conference. (3 Grey,
155.) Formerly an address or articles of impeachment, or a
bill with amendments, or a vote of the House, or concurrence
in a vote, or a message from the King, were sometimes
communicated by way of conference. But this is not the
modern practice. (1366.)
[Senate Manual, 1902, p. 137; House Manual, 56th Cong., 2d
sess., p. 207.]
CHARACTER OF CONFERENCES
201 2. Conferences may either be simple or free.
[Jefferson's Manual, Sec. XLVI.]
Note.--This rule and the definition and description of
the two kinds of conferences are found in the foregoing
section. Vice President Hamlin, in ruling upon a question of
order in the Senate in the Thirty-eighth Congress, stated
the rule and the distinction between free and simple
conferences as follows:
``Conferences are of two characters, free and simple. A
free conference is that which leaves the committee of
conference entirely free to pass upon any subject where the
two branches have disagreed in their vote, not, however,
including any action upon any subject where there has been a
concurrent vote of both branches. A simple conference--
perhaps it should more properly be termed a strict or a
specific conference, though the parliamentary term is
simple--is that which confines the committee of conference
to the specific instructions of the body appointing it.''
(38th Cong., 1st sess., Congressional Globe, pt. I, p. 900.)
Speaker Reed, in his Manual of General Parliamentary
Law, chapter XV, section 242, states that ``A free
conference is one where the conferees meet and present not
only the reasons of each House, but such arguments and
reasons and persuasions as seem suitable to each member of
the committee. Instead of being confined to reasons adopted
by either House, each member may present his own. A
conference may therefore be a free conference though each
House may have instructed its members and limited them to
the terms of the agreement. This method of conference is the
only one known to our parliamentary law; at least, it is the
only one now in practice. When two legislative bodies in
this country have a conference, it is a free conference * *
*''
REQUEST FOR CONFERENCE
202 3. The request for a conference must always be made by
the House in possession of the papers. (1366.)
[Jefferson's Manual, Sec. XLVI.]
203 4. The motion to ask for a conference comes properly
after the motion to disagree, insist, or adhere. (1367.)
204 5. A conference may be asked before there has been a
disagreement. (1366.)
[48th Cong., 1st sess., S. Jour., pp. 628, 642-643;
Jefferson's Manual, Sec. XLVI.]
205 6. After one House has adhered the other may recede or
ask a conference, which may be granted by the other House.
(1358-1361.)
[23d Cong., 1st sess., S. Jour., p. 112; S. Jour., vol. 2,
pp. 70, 71; S. Jour., vol. 5, pp. 657, 661; Jefferson's
Manual, Sec. XLVI.]
206 7. The House may agree to a conference without
reconsidering its vote to adhere. (1362.)
207 8. Instances have occurred where one House has adhered
at once and has even refused a conference. (1363.)
Note.--In section XLV, Jefferson's Manual, it is stated
that ``Either House is free to pass over the term of
insisting, and to adhere in the first instance, but it is
not respectful to the other. In the ordinary parliamentary
course there are two free conferences, at least, before an
adherence.''
208 9. Where one House has voted at once to adhere, the
other may insist and ask a conference; but the motion to
recede has precedence. (1364.)
209 10. One House may disagree to the amendment of the
other, leaving it for the latter House to ask for the
conference as soon as the vote of disagreement is passed.
(1368.)
210 11. The amending House may insist at once upon its
amendments, and ask for a conference. (1370-1371.)
[48th Cong., 1st sess., S. Jour., pp. 628, 642, 643;
Congressional Record, pp. 3974-4098.]
211 12. The request of the other House for a conference may
be referred to a committee.
[19th Cong., 1st sess., S. Jour., p. 302; 49th Cong., 1st
sess., H. Jour., pp. 2292, 2293; Congressional Record, p.
7332.]
212 13. Where a conference committee is unable to agree, or
where a report is disagreed to, another conference is
usually asked for and agreed to. (1384-1388.)
213 14. Before the stage of disagreement has been reached,
the request of the other House for a conference gives the
bill no privilege over the other business of the House.
(1374, 1375.)
214 15. The conference on a disagreement as to Senate
amendments to a House bill having failed, the Senate
reconsidered its action in amending and passing the bill,
passed it with a new amendment, and asked a new conference.
[55th Cong., 3d sess., Congressional Record, pp. 317, 439,
628, 631, 2303, 2360, 2362, 2770.]
215 16. The motion to insist and ask a conference has
precedence of the motion to instruct conferees. (1376-
1379.)
CONFEREES
APPOINTMENT OF CONFEREES
216 17. Statement of principles governing the selection of
conferees on the part of the House (1383), namely:
Note.--These principles and provisions are also
applicable to the Senate and in harmony with its practice.
216.1 The House members of conference committees, called the
managers on the part of the House, are appointed by the
Speaker.
Note.--The Senate members of conference committees,
called the managers on the part of the Senate, are appointed
by the Presiding Officer, by unanimous consent, under the
custom of the Senate. Rule XXIV provides that chairman and
other members of committees of the Senate shall be appointed
by resolution unless otherwise ordered.
216.2 They are usually three in number, but on important
measures the number is sometimes increased. In the selection
of the managers the two large political parties are usually
represented, and, also, care is taken that there shall be a
representation of the two opinions which almost always exist
on subjects of importance. Of course the majority party and
the prevailing opinion have the majority of the managers. *
* *
216.3 It is also almost the invariable practice to select
managers from the members of the committee which considered
the bill. * * * But sometimes in order to give
representation to a strong or prevailing sentiment in the
House the Speaker goes outside the ranks of the committee. *
* *
216.4 The managers of the two Houses while in conference vote
separately, the majority determining the attitude to be
taken toward the propositions of the other House. When the
report is made the signatures of a majority of each board of
managers are sufficient. The minority managers frequently
refrain from signing the report, and it is not unprecedented
for a minority manager to indorse his protest on the report.
217 18. When conferees have disagreed or a conference report
has been rejected, the usual practice is to reappoint the
managers, although it seems to have been otherwise in former
years. (1383.)
218 19. Conferees having been appointed, it is too late to
reconsider the vote whereby the House has disagreed to a
Senate amendment. (1205.)
DISCHARGE OF CONFEREES
219 20. While a conference asked by the House was in
progress on the House's disagreement to Senate amendments,
by a special order the House discharged its conferees,
receded from its disagreement, and agreed to the amendments.
(1373.)
Note.--Similar action was taken by the Senate under like
circumstances in the Forty-second Congress (42d Cong., 2d
sess., S. Jour., p. 1028).
INSTRUCTIONS TO CONFEREES
220 21. It is in order to instruct conferees, and the
resolution of instruction should be offered after the House
has voted to insist and ask a conference and before the
conferees have been appointed. (1376-1379.)
[38th Cong., 2d sess., S. Jour., p. 268; 39th Cong., 1st
sess., S. Jour., p. 782, 784; 40th Cong., 2d sess., S.
Jour., p. 119.]
221 22. It is not the practice to instruct conferees before
they have met and disagreed. (1380.)
222 23. It is not in order to give such instructions to
conferees as would require changes in the text to which both
Houses have agreed. (1380.)
223 24. The House having asked for a free conference, it is
not in order to instruct the conferees. (1381.)
224 25. The motion to instruct conferees is amendable.
(1390.)
[40th Cong., 2d sess., S. Jour., p. 119.]
225 26. A conference report may be received although it may
be in violation of instructions given to the conferees.
(1382.)
CONFERENCE COMMITTEES AND REPORTS
AUTHORITY OF CONFERENCE COMMITTEES
226 27. A conference committee is practically two distinct
committees, each of which acts by a majority. (1401.)
227 28. Conference reports must be signed by a majority of
the managers on the part of each House. They are made in
duplicate for the managers to present to their respective
Houses, the signatures of the managers of each House
appearing first on the report that is to be presented to the
House they represent.
Note.--See form of conference report appended.
228 29. Conferees may not include in their report matters
not committed to them by either House. (1414-1417.)
[50th Cong., 1st sess., S. Jour., pp. 1064, 1065; 54th
Cong., 2d sess., S. Jour., pp. 90, 91, 96.]
228.1 In the House, in case such matter is included, the
conference report may be ruled out on a point of order.
(See Rule 50, below.)
228.2 In the Senate, in case such matter is included, the
custom is to submit the question of order to the Senate.
Note.--In the Fifty-fifth Congress, first session, Vice-
President Hobart, in overruling a point of order made on
this ground against a conference report during its reading
in the Senate, stated that the report having been adopted by
one House and being now submitted for discussion and
decision in the form of concurrence or disagreement, it is
not in the province of the Chair during the progress of its
presentation to decide that matter has been inserted which
is new or not relevant, but that such questions should go
before the Senate when it comes to vote on the adoption or
rejection of the report. (55th Cong., 1st sess., S. Jour.,
pp. 171, 172; Congressional Record, pp. 2780-2787.) See also
Congressional Record, p. 2827, 56th Cong., 2d sess., when
the Presiding Officer (Mr. Lodge in the Chair) referred with
approval to the foregoing decision of Vice-President Hobart,
and stated that when a point of order is made on a
conference report on the ground that new matter has been
inserted, the Chair should submit the question to the Senate
instead of deciding it himself, as has been the custom in
the House. No formal ruling was made in this case, however,
as the conference report, after debate, was, by unanimous
consent, rejected. (56th Cong., 2d sess., Congressional
Record, pp. 2826-2883.)
229 30. Conferees may not strike out in conference anything
in a bill agreed to and passed by both Houses. (1321.)
[Jefferson's Manual, Sec. XLV.]
230 31. Conferees may include in their report matters which
are germane modifications of subjects in disagreement
between the Houses and committed to the conference. (1418-
1419.)
231 32. A disagreement to an amendment in the nature of a
substitute having been referred to conferees, it was held to
be in order for them to report a new bill on the same
subject. (1420.)
232 33. A conference committee may report agreement as to
some of the matters of difference, but inability to agree as
to others. (1392.)
[29th Cong., 1st sess., S. Jour., pp. 523-524.]
233 34. In drafting a conference report care should be taken
in stating the action of the conferees on amendments to
observe the parliamentary rule that neither House can recede
from or insist on its own amendment with an amendment; and
in case pages and lines of the bill or amendments are
referred to in the report, the engrossed bill and amendments
only should be used.
PRESENTATION AND PRIVILEGE OF CONFERENCE REPORTS
234 35. A conference report is made first to the House
agreeing to the conference.
Note.--This rule seems to follow from the principle laid
down by Jefferson (Manual, Sec. XLVI), that ``in all cases
of conference asked after a vote of disagreement, etc., the
conferees of the House asking it are to leave the papers
with the conferees of the other,'' thus putting the agreeing
House in possession of the papers, and has been the usual
practice in Congress.
235 36. Conference reports are in order in the Senate under
Rule XXVIII, as follows:
The presentation of reports of committees of conference
shall always be in order, except when the Journal is being
read or a question of order or motion to adjourn is pending,
or while the Senate is dividing; and when received, the
question of proceeding to the consideration of the report,
if raised, shall be immediately put, and shall be determined
without debate.
Note.--It has been held in the Senate that the
presentation of a conference report includes its reading,
unless by unanimous consent the reading is dispensed with
(54th Cong., 1st sess., S. Jour., p. 334; Congressional
Record, p. 5511).
236 37. Conference reports are in order in the House under
Rule XXVIII, as follows:
The presentation of reports of committees of conference
shall always be in order except when the journal is being
read, while the roll is being called, or the House is
dividing on any proposition. And there shall accompany any
such report a detailed statement sufficiently explicit to
inform the House what effect such amendments or propositions
shall have upon the measures to which they relate.
Note.--Paragraph 4 of rule XXVIII of the Standing Rules
of the Senate requires a conference report to be accompanied
by an explanatory statement prepared jointly by the
conferees on the part of the House and the Senate. (See
Senate Manual Section 28.4.)
237 38. A conference report may not be received by the House
if no statement accompanies it. (1404-1405.)
238 39. Whether or not the detailed statement accompanying a
conference report is sufficient to comply with the rule
(XXVIII) is a question for the House, and not for the
Speaker, to determine. (1402-1403.)
239 40. A conference report may be presented after a motion
to adjourn has been made or when a Member is occupying the
floor for debate, but the report need not be disposed of
before the motion to adjourn is put. (1393-1395.)
240 41. A conference report is in order pending a demand for
the previous question.
[55th Cong., 3d sess., Congressional Record, p. 867.]
Note.--In the Senate the previous question is not in
use.
241 42. A conference report has been given precedence over a
question of privilege. (1397.)
242 43. A conference report may be presented during the time
set apart for a special order for the consideration of
another measure. (1400.)
243 44. A conference report may be presented after a vote by
tellers and pending the question on ordering the yeas and
nays. (1399.)
244 45. A conference report has precedence of the question
on the reference of a bill, even though the yeas and nays
have been ordered. (1398.)
245 46. The consideration of a conference report may be
interrupted by the arrival of the hour previously fixed for
a recess. (1396.)
246 47. The question on the adoption of a final conference
report has precedence of a motion to recede and concur in
amendments of the other House.
[55th Cong., 3d sess., Congressional Record, p. 2927.]
REJECTION OF CONFERENCE REPORTS, EFFECTS OF, ETC.
247 48. A bill and amendments having been once sent to
conference, do not, upon the rejection of the conference
report, return to their former state so that the amendments
may be sent to the Committee of the Whole. (1389.)
248 49. The rejection of a conference report leaves the
matter in the position it occupied before the conference was
asked. (1390.)
249 50. When a conference report is ruled out on a point of
order in the House it is equivalent to a negative vote on
the report, and the Senate is informed by message that the
House has ``disagreed'' to the report. (1417.)
AMENDMENT OF CONFERENCE REPORTS
250 51. It is not in order to amend a conference report, and
it must be accepted or rejected as an entirety. (1366.)
[Jefferson's Manual, Sec. XLVI; 4th Cong., 1st sess., S.
Jour., p. 270.]
Note.--Various instances are found where conference
reports agreed to by both Houses were amended and corrected
by concurrent resolution or order. (43d Cong., 2d sess., S.
Jour., pp. 372, 373, H. Jour., p. 610; Congressional Record,
p. 1990; 44th Cong., 1st sess., S. Jour., pp. 581, 708, H.
Jour., pp. 1087, 1252; 48th Cong., 1st sess., S. Jour., p.
859.)
REFERENCE AND RECOMMITMENT OF CONFERENCE REPORTS
251 52. A conference report may not be referred to a
standing committee. (1413.)
252 53. A conference report may not be referred to the
Committee of the Whole, although in the earlier history of
the House this was sometimes done. (1410, 1411.)
253 54. It is not in order in the House to recommit a
conference report to the committee of conference. (1412.)
Note.--This rule is founded upon the decision of Speaker
Carlisle (49th Cong., 2d sess., Congressional Record, p.
880), which has been affirmed by subsequent Speakers, but
prior to that time many instances had occurred of
recommitting conference reports to the committee of
conference.
254 55. It is in order in the Senate to recommit a
conference report to the committee of conference, but not
with instructions, according to the later decisions.
[42d Cong., 3d sess., S. Jour., pp. 313, 554-557; 43d Cong.,
1st sess., S. Jour., p. 865; 44th Cong., 1st sess., S.
Jour., p. 211; 49th Cong., 2d sess., S. Jour., p. 151; 55th
Cong., 3d sess., Congressional Record, pp. 2823, 2842-3.]
Note.--Inasmuch as concurrent action is necessary for
the recommittal of a conference report, the foregoing rule
of the House has necessitated a change in the practice, and
no effort has been made by the Senate in late years to
recommit a conference report. The purpose of a recommittal
can be attained, however, by a rejection of the report, when
another conference would be ordered, and in accordance with
usage the same conferees would be appointed.
TABLING OF CONFERENCE REPORTS
255 56. The House has formally discarded the old practice of
allowing conference reports to be laid on the table. (1407-
1409.)
Note.--The effect of the motion to lay on the table in
the House defeats the proposition. It is never taken up
again. Hence a conference report can not be laid on the
table; otherwise a conference report might be put beyond the
reach of either House. (Reed's Parliamentary Rules, Chap.
VIII, sec. 115.)
256 57. The Senate practice allows conference reports to be
laid on the table.
[43d Cong., 2d sess., S. Jour., p. 433; Congressional
Record, pp. 2205-2206.]
Note.--The effect of the motion to lay on the table in
the Senate, unlike that in the House, is simply to suspend
the consideration of a question during the pleasure of the
Senate, which can be again taken up on motion.
257 58. A motion to reconsider the vote on agreeing to a
conference report may be laid on the table in the Senate
without carrying the report.
[44th Cong., 1st sess., S. Jour., p. 234; Congressional
Record, pp. 1253, 1254; Senate Manual (1901), Rule XIII,
clause 1, p. 13.]
WITHDRAWAL OF CONFERENCE REPORTS
258 59. A conference report may be withdrawn in the Senate
on leave, and in the House by unanimous consent.
Note.--In the 32d Congress, a conference report having
been agreed to in the Senate, the vote was reconsidered, the
bill returned from the House on request of the Senate, and
the committee of conference had leave to withdraw its
report. (32d Cong., 2d sess., S. Jour., p. 420.)
FORM OF CONFERENCE REPORT
259
------ Congress, ------ Session. H.R. [or S., as may be]
No. ------
CONFERENCE REPORT
The committee of conference on the disagreeing votes of
the two Houses on the amendments of the Senate [or House, as
may be] to the Bill [or Resolution, as may be] (H.R. [or S.,
as may be] ------), [title here] having met, after full and
free conference have agreed to recommend and do recommend to
their respective Houses as follows:
That the Senate [or House, as may be] recede from its
amendments numbered * * *.
That the House [or Senate, as may be] recede from its
disagreements to the amendments of the Senate [or House, as
may be] numbered * * * and agree to the same.
Amendment numbered ------:
That the House [or Senate, as may be] recede from its
disagreement to the amendment of the Senate [or House, as
may be] numbered ------, and agree to the same with an
amendment, as follows: * * *; and the Senate [or House, as
may be] agree to the same.
Amendment numbered ------:
That the Senate [or House, as may be] recede from its
disagreement to the amendment of the House [or Senate, as
may be] to the amendment of the Senate [or House, as may be]
numbered ------, and agree to the same.
Amendment numbered ------:
That the Senate [or House, as may be] recede from its
disagreement to the amendment of the House [or Senate, as
may be] to the amendment of the Senate [or House, as may be]
numbered ------, and agree to the same, with an amendment,
as follows: * * *; and the House [or Senate, as may be]
agree to the same.
Amendments numbered ------:
On the amendments of the Senate [or House, as may be]
numbered ------, the committee of conference have been
unable to agree.
(Signatures here) (Signatures here)
-------- --------, -------- --------,
-------- --------, -------- --------,
-------- --------, -------- --------,
Managers on the Managers on the
part of the ------. part of the ------.
260 JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF
CONFERENCE\1\
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment/amendments of the House/Senate to the bill/
joint resolution ( ) submit the following joint
statement to the House and the Senate in explanation of the
effect of the action agreed upon by the managers and
recommended in the accompanying conference report:
---------------------------------------------------------------------------
\1\This statement form replaces that formerly carried in
Cleaves' Manual. Rule XXVIII of the Standing Rules of the
Senate and Rule XXVIII of the Rules of the House of
Representatives provide that ``an explanatory statement
prepared jointly by the conferees on the part of the House
and the conferees on the part of the Senate'' shall
accompany each conference report.
---------------------------------------------------------------------------
* * * * * * *
(Signatures here) (Signatures here)
-------- --------, -------- --------,
-------- --------, -------- --------,
-------- --------, -------- --------,
Managers on the Managers on the
part of the ------. part of the ------.
[261]_______________________________________________________
index to conferences and conference reports
Senate Manual Section
[261]
____________________________________________________________
INDEX TO CLEAVES' MANUAL OF THE LAW AND PRACTICE IN REGARD
TO CONFERENCES AND CONFERENCE REPORTS
____________________________________________________________
Senate Manual Section
After a conference denied....................... 200.5
Amendment of conference reports................. 250
Appointment of conferees........................ 216
Asked, when a conference is..................... 200.6
Authority of conference committees.............. 226
Character of conferences........................ 201
Committees and reports, conference.............. 226
Conferees:
Appointment of.............................. 216
Discharge of................................ 219
Instructions to............................. 220-225
Conference after, after a free.............. 200.4
Conference:
Free
Simple
Requests for................................ 202
Conference committees, authority of............. 226
Conference committees and reports............... 226
Conference reports:
Amendment of................................ 250
Effects of, rejection of.................... 247
Form of..................................... 259
Joint explanatory statement of conferees,
form of......................................... 260
Reference and recommitment of............... 251-254
Tabling of.................................. 255
Withdrawal of............................... 258
Presentation and privilege of............... 234-246
Conferences, character of....................... 201
Conferences, either simple or free.............. 201
Conferences and conference reports, the law and
practice in regard to........................... 200
Conferences as stated in Jefferson's Manual,
parliamentary law relating to................... 200
Conferences may be asked........................ 200.3
Denied, after a conference...................... 200.5
Discharge of conferees.......................... 219
Form of conference report....................... 259
Form of statement to accompany a conference
report required by House rule XXVIII and Senate
rule XXVIII..................................... 260
Free conference................................. 201
House, conferences must always be asked for by
House having the papers......................... 202
House rule XXVIII, form of statement to
accompany a conference report required by....... 260
Instructions to conferees....................... 200-225
Law and practice in regard to conferences and
conference reports, the......................... 200
Parliamentary law relating to conferences....... 200
Presentation and privilege of conference reports 234-246
Privilege of conference reports, presentation
and............................................. 234-246
Practice in regard to conferees and conference
reports, the law and............................ 200
Recommitment of conference reports, reference
and............................................. 251-254
Reference and recommitment of conference reports 251-254
Rejection of conference reports, effect of, etc. 247-249
Report can not be amended, conference........... 250
Report, form of conference...................... 259
Reports:
Amendment of conference..................... 250
Conference committees and................... 226
Effects of, etc., rejection of conference... 247-249
Presentation and privilege of conference.... 234-246
Reference and recommitment of conference.... 251-254
Tabling of conference....................... 255
The law and practice in regard to conference
and conference reports.......................... 200
Withdrawal of conference.................... 258
Requests for conferences........................ 202
Senate rule XXVIII, form of statement to
accompany a conference report required by....... 260
Simple conference............................... 201
Statement to accompany a conference report
required by House rule XXVIII, and Senate rule
XXVIII, form of................................. 260
Tabling of conference reports................... 255
The request for a conference must always be
asked by the House having the papers............ 202
When a conference is asked...................... 200.6
Withdrawal of conference reports................ 258
[270]
------------------------------------------------------------
GENERAL AND PERMANENT LAWS RELATING TO THE UNITED STATES
SENATE
[Data collected through 113th Congress, 1st Session]
Extracts from the United States Code
------------------------------------------------------------
SECTIONS INCLUDED
TITLE 1.--GENERAL PROVISIONS
Chapter 2.--Acts and Resolutions; Formalities of Enactment;
Repeals; Sealing of Instruments
Senate
U.S. Code Manual
Section Section
101. Enacting clause....................... 275
102. Resolving clause...................... 276
103. Enacting or resolving words after
first section..................... 277
104. Numbering of sections; single
proposition....................... 278
105. Title of appropriation Acts........... 279
106. Printing bills and joint resolutions.. 280
106a. Promulgation of laws.................. 281
106b. Amendments to Constitution............ 282
107. Parchment or paper for printing
enrolled bills or resolutions..... 283
108. Repeal of repealing act............... 284
109. Repeal of statutes as affecting
existing liabilities.............. 285
110. Saving clause of Revised Statutes..... 286
111. Repeals as evidence of prior
effectiveness..................... 287
112. Statutes at large; contents;
admissibility in evidence......... 288
112b. United States international
agreements, transmission to
Congress.......................... 289
Chapter 3.--Code of Laws of United States and Supplements;
District of Columbia Code and Supplements
211. Copies [of Code of Laws] to Members of
Congress.......................... 290
212. Additional distribution at each new
Congress.......................... 291
TITLE 2.--THE CONGRESS
Chapter 1.--Election of Senators and Representatives
1. Time for election of Senators......... 295
1a. Election to be certified by governor.. 296
1b. Same; countersignature by secretary of
state............................. 297
Chapter 2.--Organization of Congress
21. Oath of Senators...................... 298
22. Oath of President of Senate........... 299
23. Presiding officer of Senate may
administer oaths.................. 300
24. Secretary of Senate or Assistant
Secretary may administer oaths.... 301
27. Change of place of meeting............ 302
30. Term of service of Members of Congress
as trustees or directors of
corporations or institutions
appropriated for.................. 303
30a. Jury duty exemption of elected
officials of the legislative
branch............................ 304
30b. Notice of objecting to the proceeding. 305
Chapter 5.--Library of Congress
131. Collections composing Library;
location.......................... 306
132. Departments of Library................ 307
132a. Appropriations for increase of general
library........................... 308
132b. Joint Committee on the Library........ 309
133. Joint Committee during recess of
Congress.......................... 310
135a. Books and sound-reproduction records
for blind and other physically
handicapped residents; annual
appropriations; purchases......... 311
136. Librarian of Congress; appointment;
rules and regulations............. 312
136a-
2. Librarian of Congress and Deputy
Librarian of Congress;
compensation...................... 313
138. Law library; hours kept open.......... 314
141a. Design, installation and maintenance
of security systems; transfer of
responsibility.................... 315
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.... 316
145. Copies of journals and documents...... 317
145a. Periodical binding of printed hearings
of committee testimony............ 318
146. Deposit of Journals of Senate and
House............................. 319
154. Library of Congress Trust Fund Board;
members; quorum; seal; rules and
regulations....................... 320
156. Gifts, etc., to Library of Congress
Trust Fund Board.................. 321
157. Funds of Library of Congress Trust
Fund Board; management of......... 322
158. Deposits by Library of Congress Trust
Fund Board with Treasurer of
United States..................... 323
158a. Temporary possession of gifts of money
or securities to Library of
Congress; investment.............. 324
159. Perpetual succession and suits by or
against Library of Congress Trust
Fund Board........................ 325
160. Disbursement of gifts, etc., to
Library........................... 326
161. Tax exemption of gifts, etc., to
Library of Congress............... 327
166. Congressional Research Service........ 328
181. Program for exchange of information
among legislative branch agencies. 329
Chapter 6.--Congressional and Committee Procedure:
Investigations
190l. Private claims pending before
Congress; taking of testimony..... 330
190m. Subpoena for taking testimony;
compensation of officers and
witnesses; return of depositions.. 331
191. Oaths to witnesses.................... 332
192. Refusal of witness to testify or
produce papers.................... 333
193. Privilege of witnesses................ 334
194. Certification of failure to testify or
produce; grand jury action........ 335
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.. 336
195a. Restriction on payment of witness fees
or travel and subsistence expenses
to persons subpoenaed by
Congressional committees.......... 338
195b. Fees for witnesses requested to appear
before Majority Policy Committee
or Minority Policy Committee...... 339
196. Senate resolutions for investigations;
limit of cost..................... 340
198. Adjournment........................... 341
199. Member of commission, boards, etc.
appointed by President protempore
of Senate; recommendation process;
applicability..................... 342
Chapter 9.--Office of Legislative Counsel
271. Establishment......................... 345
272. Legislative Counsel................... 346
273. Compensation.......................... 347
274. Staff; office equipment and supplies.. 348
275. Functions............................. 349
276. Disbursement of appropriations........ 350
276a. Expenditures.......................... 351
276b. Travel and related expenses........... 352
Chapter 9D.--Office of Senate Legal Counsel
288. Office of Senate Legal Counsel........ 353
288a. Senate Joint Leadership Group......... 354
288b. Requirements for authorizing
representation activity........... 355
288c. Defending the Senate, committee,
subcommittee, member, officer, or
employee of Senate................ 356
288d. Enforcement of Senate subpoena or
order............................. 357
288e. Intervention or appearance............ 358
288f. Immunity proceedings.................. 359
288g. Advisory and other functions.......... 360
288h. Defense of certain constitutional
powers............................ 361
288i. Representation conflict or
inconsistency..................... 362
288j. Consideration of resolutions to direct
counsel........................... 363
288k. Attorney General relieved of
responsibility.................... 364
288l. Procedural provisions................. 365
288m. Contingent fund....................... 366
288n. Travel and related expenses........... 367
Chapter 11.--Citizens' Commission on Public Service and
Compensation
351. Establishment......................... 368
352. Membership............................ 369
353. Executive Director; additional
personnel; detail of personnel of
other agencies.................... 370
354. Use of United States mails............ 371
355. Administrative support services....... 372
356. Functions............................. 373
357. Report by Commission to President with
respect to pay.................... 374
358. Recommendations of President with
respect to pay.................... 375
359. Effective date of recommendations of
President......................... 376
360. Effect of recommendations on existing
law and prior recommendations..... 377
361. Publication of recommendations........ 378
362. Requirements applicable to
recommendations................... 379
363. Additional function................... 380
364. Provision relating to certain other
pay adjustments................... 381
Chapter 14.--Federal Election Campaigns
subchapter i.--disclosure of federal campaign funds
431. Definitions........................... 383
432. Organization of political committees.. 384
433. Registration of political committees.. 385
434. Reporting requirements................ 386
437. Reports on convention financing....... 389
437c. Federal Election Commission........... 392
437d. Powers of Commission.................. 393
437f. Advisory opinions..................... 395
437g. Enforcement........................... 396
437h. Judicial review....................... 397
438. Administrative provisions............. 398
439. Statements filed with State officers;
``appropriate State'' defined;
duties of State officers; waiver
of duplicate filing requirement
for States with electronic access. 399
439a. Use of contributed amounts for certain
purposes.......................... 400
441a. Limitations on contributions and
expenditures...................... 402
441b. Contributions or expenditures by
national banks, corporations, or
labor organizations............... 403
441c. Contributions by government
contractors....................... 404
441d. Publication and distribution of
statements and solicitations;
charge for newspaper or magazine
space............................. 405
441e. Contributions and donations by foreign
nationals......................... 406
441f. Contributions in name of another
prohibited........................ 407
441g. Limitation on contribution of currency 408
441h. Fraudulent misrepresentation of
campaign authority................ 409
441i. Soft money of political parties....... 410
441k. Prohibition of contribution by minors. 412
442. Authority to procure technical support
and other services and incur
travel expenses; payment of such
expenses.......................... 413
subchapter ii.--general provisions
451. Extension of credit by regulated
industries; regulations........... 414
452. Prohibition against use of certain
Federal funds for election
activities........................ 415
453. State laws affected................... 416
454. Partial invalidity.................... 417
455. Period of limitations................. 418
Chapter 15.--Office of Technology Assessment
471. Congressional findings and declaration
of purpose........................ 420
472. Office of Technology Assessment....... 421
473. Technology Assessment Board........... 422
474. Director of Office of Technology
Assessment........................ 423
475. Powers of Office of Technology
Assessment........................ 424
476. Technology Assessment Advisory Council 425
477. Utilization of services of Library of
Congress.......................... 426
478. Utilization of services of Government
Accountability Office............. 427
479. Coordination of activities with
National Science Foundation....... 428
481. Authorization of appropriations;
availability of appropriations.... 430
Chapter 16.--Congressional Mailing Standards
502. Select Committee on Standards and
Conduct of the Senate............. 431
503. Official mail of persons entitled to
use the congressional frank....... 432
504. Mass mailings by Senate offices;
quarterly statements; publication
of summary tabulations............ 433
505. Mass mailing of information under
frank; quarterly registration with
Secretary of Senate............... 434
Chapter 17.--Congressional Budget Office
601. Establishment......................... 435
602. Duties and functions.................. 436
603. Public access to budget data.......... 437
605. Sale or lease of property, supplies,
or services....................... 439
606. Disposition of surplus or obsolete
personal property................. 440
607. Lump-sum payments to separated
employees for unused annual leave. 441
608. Lump-sum payments to enhance staff
recruitment and to reward
exceptional performance........... 442
610. Repayment of student loan on behalf of
employee.......................... 443
Chapter 17A.--Congressional Budget and Fiscal Operations
621. Congressional declaration of purpose.. 444
622. Definitions........................... 445
623. Continuing study of additional budget
reform proposals.................. 446
subchapter i.--congressional budget process
631. Timetable............................. 447
632. Annual adoption of concurrent
resolution on the budget.......... 448
633. Committee allocations................. 449
634. Concurrent resolution on the budget
must be adopted before budget-
related legislation is considered. 450
635. Permissible revisions of concurrent
resolutions on the budget......... 451
636. Provisions relating to consideration
of concurrent resolutions on the
budget............................ 452
637. Legislation dealing with Congressional
budget must be handled by Budget
Committees........................ 453
638. House committee action on all
appropriation bills to be
completed by June 10.............. 454
639. Reports, summaries, and projections of
Congressional budget actions...... 455
640. House approval of regular
appropriation bills............... 456
641. Reconciliation........................ 457
642. Budget-related legislation must be
within appropriate levels......... 458
643. Determinations and points of order.... 459
644. Extraneous matter in reconciliation
legislation....................... 460
645. Adjustments........................... 461
645a. Effect of adoption of a special order
of business in the House of
Representatives................... 462
subchapter ii.--fiscal procedures
Part A.--General Provisions
651. Budget-related legislation not subject
to appropriations................. 463
653. Analysis by Congressional Budget
Office............................ 464
654. Study by Government Accountability
Office of forms of Federal
financial commitment not reviewed
annually by Congress.............. 465
655. Off-budget agencies, programs, and
activities........................ 466
656. Member User Group..................... 467
Part B.--Federal Mandates
658. Definitions........................... 468
658a. Exclusions............................ 469
658b. Duties of congressional committees.... 470
658c. Duties of the Director; statements on
bills and joint resolutions other
than appropriations bills and
joint resolutions................. 471
658d. Legislation subject to point of order. 472
658e. Provisions relating to the House of
Representatives................... 473
658f. Requests to the Congressional Budget
Office from Senators.............. 474
658g. Clarification of application.......... 475
subchapter iii.--credit reform
661. Purposes.............................. 476
661a. Definitions........................... 477
661b. OMB and CBO analysis, coordination,
and review........................ 478
661c. Budgetary treatment................... 479
661d. Authorizations........................ 480
661e. Treatment of deposit insurance and
agencies and other insurance
programs.......................... 481
661f. Effect on other laws.................. 482
Chapter 17B.--Impoundment Control and Line Item Veto
subchapter i.--general provisions
681. Disclaimer............................ 489
subchapter ii.--congressional consideration of proposed
rescissions, reservations, and deferrals of budget authority
682. Definitions........................... 490
683. Rescission of budget authority........ 491
684. Proposed deferrals of budget authority 492
685. Transmission of messages; publication. 493
686. Reports by Comptroller General........ 494
687. Suits by Comptroller General.......... 495
688. Procedure in House of Representatives
and Senate........................ 496
subchapter iii.--line item veto [omitted]
Chapter 19.--Congressional Award Program
subchapter i.--congressional award program
801. Establishment, etc., of Congressional
Award Board....................... 498
802. Program............................... 499
803. Board organization.................... 500
804. Administration........................ 501
805. Regional award directors of program;
appointment criteria.............. 502
806. Powers, functions, and limitations.... 503
807. Audits and evaluation................. 504
808. Termination........................... 505
subchapter ii.--congressional recognition for excellence in
arts education
811. Findings.............................. 506
812. Definitions........................... 507
813. Establishment of Board................ 508
814. Board duties.......................... 509
815. Composition of board; advisory board.. 510
816. Administration........................ 511
817. Limitations........................... 512
817a. Audits................................ 513
817b. Termination........................... 514
817c. Trust fund............................ 515
Chapter 19A.--John Heinz Competitive Excellence Award
831. John Heinz Competitive Excellence
Award............................. 516
Chapter 20.--Emergency Powers to Eliminate Budget Deficits
subchapter i.--elimination of deficits in excess of maximum
deficit amount
900. Statement of budget enforcement
through sequestration; definitions 517
901. Enforcing discretionary spending
limits............................ 518
901a. Enforcement of budget goal............ 519
902. Enforcing pay-as-you-go............... 520
903. Enforcing deficit targets............. 521
904. Reports and orders.................... 522
905. Exempt programs and activities........ 523
906. General and special sequestration
rules............................. 524
907. The baseline.......................... 525
907a. Suspension in event of war or low
growth............................ 526
907b. Modification of Presidential order.... 527
907c. Flexibility among defense programs,
projects, and activities.......... 528
907d. Special reconciliation process........ 529
subchapter ii.--operation and review
922. Judicial review....................... 531
933. PAYGO estimates and PAYGO scorecards.. 532
939. Limitation on changes to the Social
Security Act...................... 533
Chapter 22.--John C. Stennis Center for Public Service
Training and Development
1101. Congressional findings................ 534
1102. Definitions........................... 535
1103. Establishment of the John C. Stennis
Center for Public Service Training
and Development................... 536
1104. Purposes and authority of the Center.. 537
1105. John C. Stennis Center for Public
Service Development Trust Fund.... 538
1106. Expenditures and audit of Trust Fund.. 539
1107. Executive Director of Center.......... 540
1108. Administrative provisions............. 541
1109. Authorization for appropriations...... 542
1110. Appropriations........................ 543
Chapter 22A.--Center for Russian Leadership Development
1151. Open World Leadership Center.......... 544
Chapter 22B.--Hunger Fellowship Program
1161. Hunger Fellowship Program............. 545
Chapter 24.--Congressional Accountability
subchapter i.--general
1301. Definitions........................... 546
1302. Application of laws................... 547
subchapter ii.--extension of rights and protections
Part A.--Employment Discrimination, Family and Medical
Leave, Fair Labor Standards, Employee Polygraph Protection,
Worker Adjustment and Retraining, Employment and
Reemployment of Veterans, and Intimidation
1311. Rights and protections under Title VII
of the Civil Rights Act of 1964,
the Age Discrimination in
Employment Act of 1967, the
Rehabilitation Act of 1973, and
Title I of the Americans with
Disabilities Act of 1990.......... 548
1312. Rights and protections under the
Family and Medical Leave Act of
1993.............................. 549
1313. Rights and protections under the Fair
Labor Standards Act of 1938....... 550
1314. Rights and protections under the
Employee Polygraph Protection Act
of 1988........................... 551
1315. Rights and protections under the
Worker Adjustment and Retraining
Notification Act.................. 552
1316. Rights and protections relating to
veterans' employment and
reemployment...................... 553
1316a. Legislative branch appointments....... 554
1317. Prohibition of intimidation or
reprisal.......................... 555
Part B.--Public Services and Accommodations Under the
Americans With Disabilities Act of 1990
1331. Rights and protections under the
Americans with Disabilities Act of
1990 relating to public services
and accommodations; procedures for
remedy of violations.............. 556
Part C.--Occupational Safety and Health Act of 1970
1341. Rights and protections under the
Occupational Safety and Health Act
of 1970; procedures for remedy of
violations........................ 557
Part D.--Labor-Management Relations
1351. Application of chapter 71 of Title 5,
relating to Federal service labor-
management relations; procedures
for remedy of violations.......... 558
Part E.--General
1361. Generally applicable remedies and
limitations....................... 559
Part F.--Study
1371. Study and recommendations regarding
Government Accountability Office,
Government Printing Office, and
Library of Congress............... 560
subchapter iii.--office of compliance
1381. Establishment of Office of Compliance. 561
1382. Officers, staff, and other personnel.. 562
1383. Procedural rules...................... 563
1384. Substantive regulations............... 564
1385. Expenses.............................. 565
1386. Disposition of surplus or obsolete
personal property................. 566
subchapter iv.--administrative and judicial dispute-
resolution procedures
1401. Procedure for consideration of alleged
violations........................ 567
1402. Counseling............................ 568
1403. Mediation............................. 569
1404. Election of proceeding................ 570
1405. Complaint and hearing................. 571
1406. Appeal to the Board................... 572
1407. Judicial review of Board decisions and
enforcement....................... 573
1408. Civil action.......................... 574
1409. Judicial review of regulations........ 575
1410. Other judicial review prohibited...... 576
1411. Effect of failure to issue regulations 577
1412. Expedited review of certain appeals... 578
1413. Privileges and immunities............. 579
1414. Settlement of complaints.............. 580
1415. Payments.............................. 581
1416. Confidentiality....................... 582
subchapter v.--miscellaneous provisions
1431. Exercise of rulemaking powers......... 583
1432. Political affiliation and place of
residence......................... 584
1433. Nondiscrimination rules of the House
and Senate........................ 585
1434. Judicial branch coverage study........ 586
1435. Savings provisions.................... 587
1437. Sense of Senate regarding adoption of
simplified and streamlined
acquisition procedures for Senate
acquisitions...................... 588
1438. Severability.......................... 589
Chapter 25.--Unfunded Mandates Reform
1501. Purposes.............................. 590
1502. Definitions........................... 591
1503. Exclusions............................ 592
1504. Agency assistance..................... 593
subchapter i.--legislative accountability and reform
1511. Cost of regulations................... 594
1512. Consideration for Federal funding..... 595
1513. Impact on local governments........... 596
1514. Enforcement in the House of
Representatives................... 597
1515. Exercise of rulemaking powers......... 598
1516. Authorization of appropriations....... 599
subchapter ii.--regulatory accountability and reform
1531. Regulatory process.................... 600
1532. Statements to accompany significant
regulatory actions................ 601
1533. Small government agency plan.......... 602
1534. State, local, and tribal government
input............................. 603
1535. Least burdensome option or explanation
required.......................... 604
1536. Assistance to the Congressional Budget
Office............................ 605
1537. Pilot program on small government
flexibility....................... 606
1538. Annual statements to Congress on
agency compliance................. 607
subchapter iii.--review of federal mandates
1551. Baseline study of costs and benefits.. 608
1552. Report on Federal mandates by Advisory
Commission on Intergovernmental
Relations......................... 609
1553. Special authorities of Advisory
Commission........................ 610
1554. Annual report to Congress regarding
Federal court rulings............. 611
1555. Definition............................ 612
1556. Authorization of appropriations....... 613
subchapter iv.--judicial review
1571. Judicial review....................... 614
Chapter 26.--Disclosure of Lobbying Activities
1601. Findings.............................. 615
1602. Definitions........................... 616
1603. Registration of lobbyists............. 617
1604. Reports by registered lobbyists....... 618
1605. Disclosure and enforcement............ 619
1606. Penalties............................. 620
1607. Rules of construction................. 621
1608. Severability.......................... 622
1609. Identification of clients and covered
officials......................... 623
1610. Estimates based on tax reporting
system............................ 624
1611. Exempt organizations.................. 625
1612. Sense of the Senate that lobbying
expenses should remain
nondeductible..................... 626
1613. Prohibition on provision of gifts or
travel by registered lobbyists to
Members of Congress and to
congressional employees........... 627
1614. Annual audits and reports by
Comptroller General............... 628
Chapter 28.--Architect of the Capitol
subchapter i.--general
1801. Appointment of Architect of the
Capitol........................... 629
1802. Compensation of Architect of the
Capitol........................... 630
1803. Delegation of authority by Architect
of the Capitol.................... 631
1804. Deputy Architect of the Capitol to act
in case of absence, disability, or
vacancy........................... 632
1805. Deputy Architect of the Capitol/Chief
Operating Officer................. 633
1806. Chief Executive Officer for Visitor
Services.......................... 634
1807. Assistant to the Chief Executive
Officer for Visitor Services...... 635
1808. Inspector General of the Architect of
the Capitol....................... 636
subchapter ii.--powers and duties
1811. Powers and duties..................... 637
1812. Care and superintendence of Capitol... 638
1813. Exterior of Capitol................... 639
1814. Repairs of Capitol.................... 640
1816. Construction contracts................ 641
1816a. Design-build contracts................ 642
1817. Transfer of discontinued apparatus to
other branches.................... 643
1817a. Disposition of surplus or obsolete
personal property................. 644
1818. Rental or lease of storage space...... 645
1819. Computer backup facilities for
legislative offices............... 646
1820. Acquisition of real property for
Capitol Police.................... 647
1821. Small purchase contracting authority.. 648
1822. Leasing of space...................... 649
1823. Acquisition of real property for
Sergeant at Arms and Doorkeeper of
Senate............................ 650
1823a. Acquisition of real property by lease
for use of Library of Congress.... 651
1824. Energy and environmental measures in
Capitol Complex Master Plan....... 652
1825. CVC maintenance....................... 653
1826. Easements for rights-of-way........... 654
1827. Support and maintenance during
emergencies....................... 655
subchapter iii.--personnel
Part A.--General
1831. Human resources program............... 656
1832. Assignment and reassignment of
personnel by Architect of the
Capitol for personal services..... 657
1834. Heating and ventilating Senate wing... 658
Part B.--Compensation
1841. Single per annum gross rates of pay... 659
1846. Exemptions............................ 660
1847. Authorization to fix basic rate of
compensation for certain positions 661
1848. Compensation of certain positions in
Office of Architect of the Capitol 662
1849. Compensation of certain positions
under jurisdiction of Architect of
Capitol........................... 663
1850. Compensation of registered nurses..... 664
subchapter iv.--appropriations and expenditures
1861. Appropriations under control of
Architect of the Capitol.......... 665
1862. Transfer of funds..................... 666
1865. Capitol Police Buildings and Grounds
account........................... 667
1866. Certification of vouchers............. 668
1868. Semiannual compilation and report of
expenditures...................... 669
1869. Advance payments...................... 670
Chapter 29.--Capitol Police
subchapter i.--organization and administration
Part A.--General
1901. Establishment; officer appointments... 671
1903. Chief Administrative Officer.......... 672
1905a. Reimbursement for Capitol Police
salaries paid by Senate for
service at Federal Law Enforcement
Training Center................... 673
1906. Disposal of surplus property.......... 674
1908. Legal representation authority........ 675
1909. Inspector General for the United
States Capitol Police............. 676
1910. Report of disbursements............... 677
Part B.--Compensation and Other Personnel Matters
1922. Unified payroll administration........ 679
1926. Educational assistance program for
employees......................... 681
1927. Bonuses, retention allowances, and
additional compensation........... 682
1928. Suspension............................ 683
1929. Pay of members under suspension....... 684
1930. Applicable pay upon appointment....... 685
1931. Additional compensation for employees
with specialty assignments and
proficiencies..................... 686
1932. Application of premium pay limits on
annualized basis.................. 687
1934. Waiver by Chief of Capitol Police of
claims arising out of erroneous
payments to officers and employees 688
Part C.--Uniforms and Arms
1941. Uniform............................... 689
1943. Uniform; at whose expense............. 690
1944. Wearing uniform on duty............... 691
Part D.--United States Capitol Police Memorial Fund
1951. Establishment of United States Capitol
Police Memorial Fund.............. 692
1952. Payments from Fund for Families of
Detective Gibson and Private First
Class Chestnut.................... 693
1954. Administration by Capitol Police Board 694
subchapter ii.--powers and duties
1961. Policing of Capitol buildings and
grounds........................... 695
1962. Detail of police...................... 696
1963. Protection of grounds................. 697
1966. Protection of Members of Congress,
officers of Congress, and members
of their families................. 698
1967. Law enforcement authority............. 699
1969. Regulation of traffic by Capitol
Police Board...................... 700
1970. Assistance by Executive departments
and agencies...................... 701
1971. Contributions of meals and
refreshments during emergency duty 702
1972. Contributions of comfort and
incidental items and services
during emergency duty............. 703
1973. Support and maintenance expenditures
during emergency duty............. 704
1974. Capitol Police special officers....... 705
1975. Overseas travel....................... 706
1976. Acceptance of donations of animals.... 707
1977. Settlement and payment of tort claims. 708
1978. Deployment outside of jurisdiction.... 709
1979. Release of security information....... 710
1980. Mounted horse unit.................... 711
1981. Advance payments...................... 712
Chapter 30.--Operation and Maintenance of Capitol Complex
subchapter ii.--senate
2021. Additional Senate office building..... 713
2022. Acquisition of buildings and
facilities for use in emergency
situation......................... 714
2023. Control, care, and supervision of
Senate Office Building............ 715
2024. Assignment of space in Senate Office
Building.......................... 716
2025. Senate garage......................... 717
2026. Senate Health and Fitness Facility
revolving fund.................... 718
subchapter iii.--restaurants
2042. Senate Restaurants; management by
Architect of the Capitol.......... 719
2043. Authorization and direction to
effectuate purposes of sections
2042 to 2047 of this title........ 720
2044. Special deposit account............... 721
2045. Deposits and disbursements under
special deposit account........... 722
2046. Bond of Architect, Assistant
Architect, and other employees.... 723
2047. Supersedure of prior provisions for
maintenance and operation of
Senate Restaurants................ 724
2048. Management personnel and miscellaneous
expenses; availability of
appropriations; annual and sick
leave............................. 725
2049. Loans for Senate Restaurants.......... 726
2052. Senate restaurant deficit fund;
deposit of proceeds from surcharge
on orders......................... 727
subchapter iv.--child care
2061. Designation of play area on Capitol
Grounds for children attending day
care center....................... 728
2063. Senate Employee Child Care Center..... 729
2064. Senate Employee Child Care Center
employee benefits................. 730
2065. Reimbursement of Senate day care
center employees.................. 731
subchapter v.--historical preservation and fine arts
Part A.--United States Capitol Preservation Commission
2081. United States Capitol Preservation
Commission........................ 732
2082. Authority of Commission to accept
gifts and conduct other
transactions relating to works of
fine art and other property....... 733
2083. Capitol Preservation Fund............. 734
2084. Audits by the Comptroller General..... 735
2085. Advisory boards....................... 736
2086. Definition............................ 737
Part B.--Senate Commission on Art
2101. Senate Commission on Art.............. 738
2102. Duties of Commission.................. 739
2103. Supervision and maintenance of Old
Senate Chamber.................... 740
2104. Publication of lists of works of art,
historical objects, and exhibits.. 741
2105. Authorization of appropriations....... 742
2107. Conservation, restoration,
replication, or replacement of
items in United States Senate
collection........................ 744
2108. Provisions relating to Senate
Commission on Art................. 745
Part D.--Miscellaneous
2131. National Statuary Hall................ 746
2131a. Eligibility for placement of statues
in National Statuary Hall......... 747
2132. Replacement of Statue in Statuary Hall 748
2133. Acceptance and supervision of works of
fine arts......................... 749
2134. Art exhibits.......................... 750
2135. Private studios and works of art...... 751
subchapter vi.--botanic garden and national garden
2141. Supervision of Botanic Garden......... 752
2142. Superintendent, etc., of Botanic
Garden and greenhouses............ 753
2145. Restriction on use of appropriation
for Botanic Garden................ 754
2146. National Garden....................... 755
subchapter vii.--other entities and services
2161. John W. McCormack Residential Page
School............................ 756
2162a. Promoting maximum efficiency in
operation of Capitol Power Plant.. 757
2163. Capitol Grounds shuttle service....... 758
2165. Capitol educational and informational
center and information and
distribution stations; operation
agreements........................ 759
2166. Capitol Guide Service................. 760
2168. Memorandum of understanding for
provision of services of the
United States Capitol telephone
exchange for the House............ 761
subchapter vii.--other entities and services
2170. Battery recharging stations for
privately owned vehicles in
parking areas under the
jurisdiction of the Senate at no
net cost to the Federal government 762
2172. Office of Congressional Accessibility
Services.......................... 763
subchapter viii.--miscellaneous
2181. Assignment of space for meetings of
joint committees, conference
committees, etc................... 764
2183. Protection of buildings and property.. 765
2184. Purchase of furniture or carpets for
House or Senate................... 766
Chapter 31.--Capitol Visitors Center
subchapter i.--in general
2201. Designation of facility as Capitol
Visitor Center; purposes of
facility; treatment of the Capitol
Visitor Center.................... 767
2202. Designation and naming within the
Capitol Visitor Center............ 768
2203. Use of the Emancipation Hall of the
Capitol Visitor Center............ 769
subchapter ii.--office of the capitol visitor center
2211. Establishment......................... 770
2212. Appointment and supervision of Chief
Executive Officer for Visitor
Services.......................... 771
2213. General duties of Chief Executive
Officer........................... 772
2214. Assistant to the Chief Executive
Officer........................... 773
2215. Gift shop............................. 774
2216. Food service operations............... 775
subchapter iii.--capitol visitor center revolving fund
2231. Establishment and accounts............ 776
2232. Deposits in the Fund.................. 777
2233. Use of monies......................... 778
2234. Administration of Fund................ 779
subchapter iv.--capitol guide service and office of
congressional accessibility services
2241. Transfer of Capitol Guide Service..... 780
2242. Duties of employees of Capitol Guide
Service........................... 781
2251. Office of Congressional Accessibility
Services.......................... 782
2252. Transfer from Capitol Guide Service... 783
2261. Transfer date......................... 784
subchapter v.--miscellaneous provisions
2271. Jurisdictions unaffected.............. 785
2272. Acceptance of volunteer services...... 786
2273. Coins treated as gifts................ 787
subchapter vi.--authorization of appropriations
2281. Authorization of appropriations....... 788
Chapter 41.--Congressional Officers and Administration
4101. Authority of officers of Congress over
Congressional employees........... 794
4102. Purchase of supplies for Senate and
House............................. 795
4103. Contracts to furnish property,
supplies, or services to Congress;
terms varying from those offered
other entities of Federal
Government........................ 796
4104. American goods to be preferred in
purchases for Senate and House.... 797
4105. Purchase of paper, envelopes, etc.,
for stationery rooms of Senate and
House............................. 798
4106. Stationery rooms of House and Senate;
specifications of classes of
articles purchasable.............. 799
4107. Withdrawal of unexpended balances of
appropriations.................... 800
4108. Semiannual statements of expenditures
by Secretary of Senate and Chief
Administrative Officer of House... 801
4109. Detailed reports of receipts and
expenditures by Secretary of
Senate and Chief Administrative
Officer of House.................. 802
4110. Monuments to deceased Senators or
House Members..................... 803
4123. Authority of Attending Physician in
response to medical contingencies
or public health emergencies at
Capitol........................... 804
4131. House Recording Studio; Senate
Recording Studio and Senate
Photographic Studio............... 805
4132. Senate Recording Studio and Senate
Photographic Studio as successors
to Senate Recording and
Photographic Studios; rules,
regulations, and fees for
photographs and photographic
services.......................... 806
Chapter 43.--Congressional Committees
4301. Committee staffs...................... 820
4303. Preparation and contents of statement
of appropriations................. 822
4331. Computation of compensation for
stenographic assistance of
committees payable from Senate
contingent fund................... 831
4332. Assistance to Senators with committee
memberships by employees in office
of Senator........................ 832
4333. Expenses of committees payable from
Senate contingent fund............ 833
4334. Availability of funds for franked mail
expenses.......................... 834
4336. Committee on Appropriations;
discretionary powers.............. 835
4337. Transfer of funds from the
appropriation accounts for
salaries or expenses for the
Appropriations Committee of the
Senate............................ 836
4338. 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........................ 837
Chapter 45.--Congressional Pay and Benefits
4501. Compensation of Members of Congress... 845
4503. Jury and witness service by Senate and
House employees................... 846
4504. Nonpay status for Congressional
employees studying under
Congressional staff fellowships... 847
4505. Voluntary separation incentive
payments.......................... 848
4506. Death gratuity payments as gifts...... 849
4507. Longevity compensation................ 850
4508. Longevity compensation for telephone
operators on United States Capitol
telephone exchange and members of
Capitol Police paid by Chief
Administrative Officer of House... 851
4509. Longevity compensation not applicable
to individuals paid by Secretary
of Senate; savings provision...... 852
4521. Mode of payment....................... 855
4522. Deductions for withdrawal............. 856
4523. Deductions for delinquent indebtedness 857
4524. Withholding of charitable
contributions from salaries paid
by Secretary of Senate and from
employees of Architect of Capitol. 858
4571. Senate pay adjustments; action by
President pro tempore of Senate... 870
4572. Rates of compensation paid by
Secretary of Senate; applicability
of Senate pay adjustments by
President pro tempore of Senate... 871
4573. Senate pay adjustments; action by
President pro tempore of Senate... 872
4574. Limit on rate of compensation of
Senate officers and employees..... 873
4575. Gross rate of compensation of
employees paid by Secretary of
Senate............................ 874
4576. Availability of appropriated funds for
payment to an individual of pay
from more than one position;
conditions........................ 875
4577. 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''....................... 876
4578. Restriction on payment of dual
compensation by Secretary of
Senate............................ 877
4579. Student loan repayment program........ 878
4580. Lump sum payment for accrued annual
leave of Senate employees......... 879
4581. Aggregate gross compensation of
employee of Senator of State with
population under 5,000,000........ 880
4591. Vice President, Senators, officers and
employees paid by Secretary of
Senate; payment of salary; advance
payment........................... 885
4592. Payment of sums due deceased Senators
and Senate personnel.............. 886
4593. 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............................ 887
4594. Withholding and remittance of State
income tax by Secretary of Senate. 888
4595. Payment for unaccrued leave........... 889
Chapter 47.--Congressional Ethics
4701. Subletting duties of employees of
Senate or House................... 900
4702. Notification of post-employment
restrictions...................... 901
4721. Referral of ethics violations by the
Senate Ethics Committee to
Government Accountability Office
for investigation................. 910
4722. Mandatory Senate ethics training for
members and staff................. 911
4723. Annual report by Select Committee on
Ethics............................ 912
4724. Amendment to Senate conflict of
interest rule..................... 913
4725. Gifts and travel...................... 914
4726. Registered lobbyist participation in
travel; guidelines................ 915
4727. Senate privately paid travel public
website........................... 916
4728. Notification of post-employment
restrictions...................... 917
Chapter 49.--Congressional Pages
4901. Congressional pages................... 925
4902. John W. McCormack Residential Page
School............................ 926
4903. Education of other minors who are
Senate employees.................. 927
4914. Academic year and summer term for page
program........................... 930
4915. Service of page during academic year
and summer term; filling of
vacancies; eligibility............ 931
4916. Definitions........................... 932
4931. Daniel Webster Senate Page Residence
Revolving Fund.................... 935
Chapter 53.--House of Representatives Members
5302. Salaries payable monthly after taking
oath.............................. 938
5303. End of the month salary payment
schedule inapplicable to Senators. 939
5323. Pay of clerical assistants as affected
by death of Senator or
Representative.................... 940
Chapter 55.--House of Representatives Officers and
Administration
5503. Actions against officers for official
acts.............................. 942
5504. Officers of Senate.................... 943
Chapter 61.--Senate Leadership
6101. 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.............................. 950
6102. Expense allowance of Majority and
Minority Leaders of Senate;
expense allowance of Majority and
Minority Whips; methods of
payment; taxability............... 951
6111. Compensation of President pro tempore
of Senate......................... 955
6112. Compensation of Deputy President pro
tempore of Senate................. 956
6113. Compensation and appointment of
employees by President pro tempore
of Senate......................... 957
6114. Appointment and compensation of
Administrative Assistant,
Legislative Assistant, and
Executive Secretary for Deputy
President pro tempore of Senate... 958
6115. Expense allowance of President pro
tempore of Senate; methods of
payment; taxability............... 959
6116. Special delivery postage allowance for
President of the Senate........... 960
6117. Stationery allowance for President of
the Senate........................ 961
6118. Long-distance telephone calls for Vice
President......................... 962
6131. Appointment of employees by Senate
Majority and Minority Leaders;
compensation...................... 965
6132. Assistants to Senate Majority and
Minority Leaders for Floor
Operations; establishment of
positions; appointment;
compensation...................... 966
6133. Chiefs of Staff for Senate Majority
and Minority Leaders; appointment;
compensation...................... 967
6134. Compensation and appointment of
employees by Senate Majority and
Minority Whips.................... 968
6135. Representation Allowance Account for
Majority and Minority Leaders of
Senate............................ 969
6136. Transfer of funds from representation
allowance of Majority and Minority
Leaders of Senate to expense
allowance; availability;
definitions....................... 970
6137. Transfer of funds from appropriations
account of Majority and Minority
Leaders of Senate to
appropriations account for
``Miscellaneous Items'' within
Senate contingent fund............ 971
6138. Transfer of funds from appropriations
account of Majority and Minority
Whips of Senate to appropriations
account for ``Miscellaneous
Items'' within Senate contingent
fund.............................. 972
6153. Salaries and expenses for Senate
Majority and Minority Policy
Committees and Senate Majority and
Minority Conference Committees.... 975
6154. Offices of the Secretaries of the
Conference of the Majority and the
Conference of the Minority........ 976
6155. Payment of expenses of Conference of
Majority and Conference of
Minority from Senate contingent
fund.............................. 977
6157. Services of consultants to Majority
and Minority Conference Committee
of Senate......................... 978
6158. Utilization of funds for specialized
training of professional staff for
Majority and Minority Conference
Committee of the Senate........... 979
6159. Expense allowance for Chairmen of
Majority and Minority Conference
Committees of Senate; method of
payment; taxability............... 980
6160. Chairmen of the Majority and Minority
Policy Committees' Expense Account 981
Chapter 63.--Senate Members
6301. Senators' salaries.................... 989
6302. Salaries of Senators.................. 990
6311. Organizational expenses of Senator-
elect............................. 991
6312. Clerks to Senators-elect.............. 992
6313. Senators' Official Personnel and
Office Expense Account............ 993
6314. Mail, telegraph, telephone,
stationery, office supplies, and
home State office and travel
expenses for Senators............. 994
6315. Telecommunications services for
Senators; payment of costs out of
contingent fund................... 995
6316. United States Code Annotated or United
States Code Service; procurement
for Senators...................... 996
6317. Home State office space for Senators;
lease of office space............. 997
6318. Additional home State office space for
Senators.......................... 998
6319. Transportation of official records and
papers to a Senator's State....... 999
6320. Purchase of office equipment or
furnishings by Senators........... 1000
Chapter 65.--Senate Officers and Administration
6501. Appointment of consultants by Majority
Leader, Minority Leader, Secretary
of Senate, and Legislative Counsel
of Senate; compensation........... 1004
6502. Procurement of temporary help......... 1005
6503. Payments from Senate contingent fund.. 1006
6504. Committee on Rules and Administration;
designation of employees to
approve vouchers for payments from
Senate contingent fund............ 1007
6505. Appropriations for contingent expenses
of Senate; restrictions........... 1008
6506. Separate accounts for the ``Secretary
of the Senate'' and for ``Sergeant
at Arms and Doorkeeper of the
Senate''; establishment within
Senate contingent fund; inclusion
of funds in existing accounts..... 1009
6507. Insurance of office funds of Secretary
of Senate and Sergeant at Arms;
payment of premiums............... 1010
6508. Transfers from appropriations accounts
for expenses of Secretary of
Senate and Office of Sergeant at
Arms and Doorkeeper of Senate..... 1011
6509. Vouchering Senate office charges...... 1012
6510. Materials, supplies, and fuel payments
from Senate contingent fund....... 1013
6511. Liquidation from appropriations of any
unpaid obligations chargeable to
rescinded unexpended balances of
funds............................. 1014
6512. Expense allowance for Secretary of
Senate, Sergeant at Arms and
Doorkeeper of Senate, and
Secretaries for Senate Majority
and Minority...................... 1015
6513. Per diem and subsistence expenses from
Senate contingent fund............ 1016
6514. Orientation seminars, etc., for new
Senators, Senate officials or
members of staffs of Senators or
Senate officials; payment of
expenses.......................... 1017
6515. Payment of fees for services of
Attending Physician and for use of
Senate health and fitness
facilities........................ 1018
6516. Sale of waste paper and condemned
furniture......................... 1019
6517. Receipts from sale of used or surplus
furniture and furnishings of
Senate............................ 1020
6531. Compensation of Secretary of Senate... 1021
6532. Death, resignation, or disability of
Secretary and Assistant Secretary
of Senate; Financial Clerk deemed
successor as disbursing officer... 1022
6533. Same; Assistant Secretary of Senate to
act as Secretary; written
designation of absent status...... 1023
6535. Compensation of Parliamentarian of
Senate............................ 1024
6537. Compensation of Assistants to Majority
and Minority in Office of
Secretary of Senate............... 1025
6538. Employment of additional
administrative assistants......... 1026
6539. Abolition of statutory positions in
Office of Secretary of Senate;
Secretary's authority to establish
and fix compensation for positions 1027
6540. Adjustment of rate of compensation by
Secretary of Senate............... 1028
6541. Professional archivist; Secretary's
authority to obtain services from
General Services Administration... 1029
6542. Employees of Senate Disbursing Office;
designation by Secretary of Senate
to administer oaths and
affirmations...................... 1030
6543. Designation of reporters.............. 1031
6544. Substitute reporters of debates and
expert transcribers; temporary
reporters of debates and expert
transcribers; payments from Senate
contingent fund................... 1032
6561. Advance payments by Secretary of
Senate............................ 1034
6562. Transfer of funds by Secretary of
Senate; approval of Committee on
Appropriations.................... 1035
6563. Payment of certain expenses........... 1036
6564. Travel expenses of Secretary of
Senate; advancement of travel
funds to designated employees..... 1037
6565. Advancement by Secretary of Senate of
travel funds to employees under
his jurisdiction for Federal
Election Campaign Act travel
expenses.......................... 1038
6566. Authority to procure technical support
and other services and incur
travel expenses; payment of such
expenses.......................... 1039
6567. Funds for Secretary of Senate to
assist in proper discharge within
United States of responsibilities
to foreign parliamentary groups or
other foreign officials........... 1040
6568. Banking and financial transactions of
Secretary of Senate............... 1041
6569. Stationery for Senate; advertisements
for............................... 1042
6570. Opening bids for Senate and House
stationery; awarding contracts.... 1043
6571. Contracts for separate parts of Senate
stationery........................ 1044
6572. Purchases of stationery and materials
for folding....................... 1045
6573. Senate revolving fund for stationery
allowances; Availability of
unexpended balances; withdrawals.. 1046
6574. Senate Office of Public Records
Revolving Fund.................... 1047
6575. Fees for copies from Senate journals.. 1048
6576. Senate Gift Shop...................... 1049
6577. Senate legislative information system. 1050
6578. Senate Leader's Lecture Series........ 1051
6591. Compensation of Sergeant at Arms and
Doorkeeper of Senate.............. 1052
6592. Limitation on compensation of Sergeant
at Arms and Doorkeeper of Senate.. 1053
6593. Deputy Sergeant at Arms and Doorkeeper
to act on death, resignation,
disability, or absence of Sergeant
at Arms and Doorkeeper of Senate.. 1054
6594. Compensation of Deputy Sergeant at
Arms and Doorkeeper of Senate..... 1055
6595. Compensation of Administrative
Assistant to Sergeant at Arms and
Doorkeeper of Senate.............. 1056
6596. Employment of personnel by Sergeant at
Arms and Doorkeeper of Senate at
daily rates of compensation;
authorization; limitation on
amount of compensation............ 1057
6597. Abolition of statutory positions in
Office of Sergeant at Arms and
Doorkeeper of Senate; authority to
establish and fix compensations
for positions..................... 1058
6598. Designation by Sergeant at Arms and
Doorkeeper of Senate of persons to
approve vouchers for payment of
moneys............................ 1059
6599. Use by Sergeant at Arms and Doorkeeper
of Senate of individual
consultants or organizations, and
department and agency personnel... 1060
6611. Transfers from appropriations account
for expenses of Office of Sergeant
at Arms and Doorkeeper of Senate.. 1061
6612. Travel expenses of Sergeant at Arms
and Doorkeeper of Senate.......... 1062
6613. Advances to Sergeant at Arms of Senate
for extraordinary expenses........ 1063
6614. Funds advanced by Secretary of Senate
to Sergeant at Arms and Doorkeeper
of Senate to defray office
expenses; accountability; maximum
amount; vouchers.................. 1064
6615. Deposit of moneys for credit to
account within Senate contingent
fund for ``Sergeant at Arms and
Doorkeeper of the Senate''........ 1065
6616. Emergency situations; provisions of
facilities, equipment, supplies,
personnel, and other support
services for use of Senate........ 1066
6617. Law enforcement authority of Sergeant-
at-Arms and Doorkeeper of the
Senate............................ 1067
6618. Data processing equipment, software,
and services...................... 1068
6619. Advance payments for computer
programing services............... 1069
6620. Provision of services and equipment on
a reimbursable basis.............. 1070
6621. Payment for telecommunications
equipment and services;
definitions....................... 1071
6622. Certification of telecommunications
equipment and services as official 1072
6623. Report on telecommunications to
Committee on Rules and
Administration.................... 1073
6624. Metered charges on copiers; ``Sergeant
at Arms'' and ``user'' defined;
certification of services as
official; deposit of payments;
availability for expenditure...... 1074
6625. Receipts from sales of items by
Sergeant at Arms and Doorkeeper of
Senate, to Senators, etc. to be
credited to appropriation from
which purchased................... 1075
6626. 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....................... 1076
6628. Treatment of electronic services
provided by Sergeant at Arms...... 1077
6629. 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.................... 1078
6630. Disposal of used or surplus furniture
and equipment by Sergeant at Arms
and Doorkeeper of Senate;
procedure; deposit of receipts.... 1079
6631. Transfer of excess or surplus
educationally useful equipment to
public schools.................... 1080
6632. Disposal of used or surplus
automobiles and trucks by Sergeant
at Arms and Doorkeeper of Senate;
procedure; deposit of receipts.... 1081
6633. Media support services................ 1082
6634. Senate Hair Care Services; personnel;
Revolving Fund.................... 1083
6635. Office of Senate Health Promotion..... 1084
6636. Senate Computer Center................ 1085
6651. Compensation of Chaplain of Senate.... 1087
6652. Compensation of employees of Chaplain
of Senate......................... 1088
6653. Postage allowance for Chaplain of
Senate............................ 1089
6654. Payment of expenses of Chaplain of
Senate from Senate contingent fund 1090
TITLE 3.--THE PRESIDENT
Chapter 1.--Presidential Elections and Vacancies
1. Time of appointing electors........... 1100
2. Failure to make choice on prescribed
day............................... 1101
3. Number of electors.................... 1102
4. Vacancies in electoral college........ 1103
5. Determination of controversy as to
appointment of electors........... 1104
6. Credentials of electors; transmission
to Archivist of the United States
and to Congress; public inspection 1105
7. Meeting and vote of electors.......... 1106
8. Manner of voting...................... 1107
9. Certificates of votes for President
and Vice President................ 1108
10. Sealing and endorsing certificates.... 1109
11. Disposition of certificates........... 1110
12. Failure of certificates of electors to
reach President of Senate or
Archivist of the United States;
demand on State for certificate... 1111
13. Same; demand on district judge for
certificate....................... 1112
14. Forfeiture for messenger's neglect of
duty.............................. 1113
15. Counting electoral votes in Congress.. 1114
16. Same; seats for officers and Members
of two Houses in joint meeting.... 1115
17. Same; limit of debate in each House... 1116
18. Same; parliamentary procedure at joint
meeting........................... 1117
19. Vacancy in offices of both President
and Vice President; officers
eligible to act................... 1118
20. Resignation or refusal of office...... 1119
21. Definitions........................... 1120
Chapter 2.--Office and Compensation of President
101. Commencement of term of office........ 1121
104. Salary of the Vice President.......... 1122
111. Expense allowance of Vice President... 1123
TITLE 4.--FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
Chapter 4.--The States
113. Residence of Members of Congress for
State income tax laws............. 1130
TITLE 5.--GOVERNMENT ORGANIZATION AND EMPLOYEES
Chapter 8.--Congressional Review of Agency Rulemaking
801. Congressional review.................. 1140
802. Congressional disapproval procedure... 1141
803. Special rule on statutory, regulatory,
and judicial deadlines............ 1142
804. Definitions........................... 1143
805. Judicial review....................... 1144
806. Applicability; severability........... 1145
807. Exemption for monetary policy......... 1146
808. Effective date of certain rules....... 1147
Chapter 21.--Definitions
2106. Member of Congress.................... 1148
2107. Congressional employee................ 1149
Chapter 29.--Commissions, Oaths, Records, and Reports
subchapter i.--commissions, oaths, and records
2905. Oath; renewal......................... 1150
subchapter ii.--reports
2954. Information to committees of Congress
on request........................ 1151
Chapter 31.--Authority For Employment
3110. Employment of relatives; restrictions. 1152
Chapter 33.--Examination, Selection, and Placement
subchapter ii.--oath of office
3333. Employee affidavit; loyalty and
striking against the Government... 1153
Chapter 55.--Pay Administration
subchapter i.--general provisions
5503. Recess appointments................... 1154
5520a. Garnishment of pay.................... 1155
subchapter iv.--dual pay and dual employment
5531. Definitions........................... 1156
5533. Dual pay from more than one position;
limitations; exceptions........... 1158
Chapter 57.--Travel, Transportation, and Subsistence
subchapter i.--travel and subsistence expenses, mileage
allowances
5702. Per diem; employees traveling on
official business................. 1159
5704. Mileage and related allowances........ 1160
5706. Allowable travel expenses............. 1161
5708. Effect on other statutes.............. 1162
subchapter iii.--transportation of remains, dependents, and
effects
5742. Transportation of remains, dependents,
and effects; death occurring away
from official station or abroad... 1163
5751. Travel expenses of witnesses.......... 1164
Chapter 73.--Suitability, Security, and Conduct
subchapter ii.--employment limitations
7311. Loyalty and striking.................. 1165
subchapter iv.--foreign gifts and decorations
7342. Receipt and disposition of foreign
gifts and decorations............. 1166
Chapter 81.--Compensation for Work
Injuries.......................... 1167
(Not included. See 5 U.S.C. 8101-8152.)
Chapters 83 and 84.--Retirement....... 1168
(Not included. See 5 U.S.C. 8331-8351; 8401-8479.)
Chapter 87.--Life Insurance........... 1169
(Not included. See 5 U.S.C. 8701-8716.)
Chapter 89.--Health Insurance......... 1170
(Not included. See 5 U.S.C. 8901-8914.)
TITLE 5.--Appendix
Federal Advisory Committee Act........ 1171
TITLE 5.--Appendix
Ethics in Government Act of 1978
Title I--Financial Disclosure Requirements of Federal
Personnel
101. Persons required to file.............. 1172
102. Contents of reports................... 1173
103. Filing of reports..................... 1174
104. Failure to file or filing false
reports........................... 1175
105. Custody of and public access to
reports........................... 1176
106. Review of reports..................... 1177
107. Confidential reports and other
additional requirements........... 1178
108. Authority of Comptroller General...... 1179
109. Definitions........................... 1180
110. Notice of actions taken to comply with
ethics agreements................. 1181
111. Administration of provisions.......... 1182
Title V--Government-wide Limitations on Outside Earned
Income and Employment
501. Outside earned income limitation...... 1184
502. Limitations on outside employment..... 1185
503. Administration........................ 1186
504. Civil penalties....................... 1187
505. Definitions........................... 1188
TITLE 7.--AGRICULTURE
Chapter 1.--Commodity Exchanges
6c. Prohibited transactions............... 1195
TITLE 10.--ARMED FORCES
Chapter 2.--Department of Defense
114. Annual authorization of appropriations 1200
115. Personnel strengths: requirement for
annual authorization.............. 1201
115a. Annual manpower requirements report... 1202
116. Annual operations and maintenance
report............................ 1203
119. Special access programs: congressional
oversight......................... 1204
Chapter 9.--Defense Budget Matters
221. Future-years defense program:
submission to Congress;
consistency in budgeting.......... 1205
222. Future-years mission budget........... 1206
226. Scoring of outlays.................... 1207
Chapter 403.--United States Military Academy
4342. Cadets: appointment; numbers,
territorial distribution.......... 1208
4355. Board of Visitors..................... 1209
Chapter 443.--Disposal of Obsolete or Surplus Material
4689. Transfer of material and equipment to
Architect of the Capitol.......... 1210
Chapter 603.--United States Naval Academy
6954. Midshipmen: number.................... 1211
6956. Midshipmen: nomination and selection
to fill vacancies................. 1212
6968. Board of Visitors..................... 1213
Chapter 903.--United States Air Force Academy
9342. Cadets: appointment; numbers,
territorial distribution.......... 1214
9355. Board of Visitors..................... 1215
Chapter 1013.--Budget Information and Annual Reports to
Congress
10541. National Guard and reserve component
equipment; annual report to
Congress.......................... 1216
TITLE 12.--BANKS AND BANKING
Chapter 3.--Federal Reserve System
subchapter vii--directors of federal reserve banks; reserve
agents and assistants
303. Qualifications and disabilities....... 1220
TITLE 14.--COAST GUARD
Chapter 9.--Coast Guard Academy
194. Annual Board of Visitors.............. 1225
TITLE 15.--COMMERCE AND TRADE
Chapter 21.--National Policy on Employment
1022. Economic Report of the President;
coverage; supplementary reports;
reference to Congressional joint
committee; percentage rate of
employment; definitions........... 1230
1024. Joint Economic Committee.............. 1231
1025. Printing of monthly publication by
Joint Economic Committee entitled
``Economic Indicators'';
distribution...................... 1232
TITLE 18.--CRIMES AND CRIMINAL PROCEDURE
Chapter 11.--Bribery, Graft, and Conflicts of Interest
201. Bribery of public officials and
witnesses......................... 1240
202. Definitions........................... 1241
203. Compensation to Members of Congress,
officers, and others in matters
affecting the Government.......... 1242
204. Practice in U.S. Court of Federal
Claims or U.S. Court of Appeals
for the Federal Circuit by Members
of Congress....................... 1243
205. Activities of officers and employees
in claims against and other
matters affecting the Government.. 1244
207. Restrictions on former officers,
employees, and elected officials
of the executive and legislative
branches.......................... 1245
210. Offer to procure appointive public
office............................ 1246
211. Acceptance or solicitation to obtain
appointive public office.......... 1247
219. Officers and employees acting as
agents of foreign principals...... 1248
227. Wrongfully influencing a private
entity's employment decisions by a
Member of Congress or an officer
or employee of the legislative or
executive branch.................. 1249
Chapter 18.--Congressional, Cabinet, and Supreme Court
Assassination, Kidnapping, and Assault
351. Congressional, Cabinet, and Supreme
Court assassination, kidnapping,
and assault; penalties............ 1250
Chapter 23.--Contracts
431. Contracts by Member of Congress....... 1251
432. Officer or employee contracting with
Member of Congress................ 1252
433. Exemptions with respect to certain
contracts......................... 1253
Chapter 29.--Elections and Political Activities
594. Intimidation of voters................ 1255
595. Interference by administrative
employees of Federal, State, or
Territorial Governments........... 1256
597. Expenditures to influence voting...... 1257
598. Coercion by means of relief
appropriations.................... 1258
599. Promise of appointment by candidate... 1259
600. Promise of employment or other benefit
for political activity............ 1260
601. Deprivation of employment or other
benefit for political contribution 1261
602. Solicitation of political
contributions..................... 1262
603. Making political contributions........ 1263
604. Solicitation from persons on relief... 1264
605. Disclosure of names of persons on
relief............................ 1265
606. Intimidation to secure political
contributions..................... 1266
607. Place of solicitation................. 1267
Chapter 35.--Emblems, Insignia and Names
713. Uses of likenesses of the great seal
of the United States, the seals of
the President and Vice President,
the seal of the United States
Senate, the seal of the United
States House of Representatives,
and the seal of the United States
Congress.......................... 1268
Chapter 37.--Espionage and Censorship
798. Disclosure of classified information.. 1269
Chapter 73.--Obstruction of Justice
1505. Obstruction of proceedings before
departments, agencies, and
committees........................ 1270
Chapter 83.--Postal Service
1719. Franking privilege.................... 1271
Chapter 93.--Public Officers and Employees
1906. Disclosure of information from a bank
examination report................ 1272
1913. Lobbying with appropriated moneys..... 1273
1918. Disloyalty and asserting the right to
strike against the Government..... 1274
Part V.--Immunity of Witnesses
6001. Definitions........................... 1275
6002. Immunity generally.................... 1276
6005. Congressional proceedings............. 1277
TITLE 19.--CUSTOMS DUTIES
Chapter 12.--Trade Act of 1974
subchapter i.--negotiating and other authority
Part 5.--Congressional Procedures With Respect to
Presidential Actions
2191. Bills implementing trade agreements on
nontariff barriers and resolutions
approving commercial agreements
with Communist countries.......... 1300
2192. Resolutions disapproving certain
actions........................... 1301
2193. Resolutions relating to extension of
waiver authority under section 402
of the Trade Act of 1974.......... 1302
2194. Special rules relating to
Congressional procedures.......... 1303
Part 6.--Congressional Liaison and Reports
2211. Congressional advisers for trade
policy and negotiations........... 1304
2212. Transmission of agreements to Congress 1305
2213. Reports............................... 1306
Part 8.--Identification of Market Barriers and Certain
Unfair Trade Actions
2241. Estimates of barriers to market access 1307
Chapter 22.--Uruguay Round Trade Agreements
3534. Annual report on WTO.................. 1308
3535. Review of participation in WTO........ 1309
Chapter 24.--Bipartisan Trade Promotion Authority
3803. Trade agreements authority............ 1310
3804. Consultations and assessment.......... 1311
3805. Implementation of trade agreements.... 1312
3806. Treatment of certain trade agreements
for which negotiations have
already begun..................... 1313
3807. Congressional oversight group......... 1314
3808. Additional implementation and
enforcement requirements.......... 1315
3811. Report on impact of trade promotion
authority......................... 1316
TITLE 20.--EDUCATION
Chapter 3.--Smithsonian Institution, National Museums and
Art Galleries
42. Board of Regents; Members............. 1330
43. Appointment of regents; terms of
office; vacancies................. 1331
76h. Board of Trustees..................... 1332
TITLE 22.--FOREIGN RELATIONS AND INTERCOURSE
Chapter 7.--International Bureaus, Congresses, etc.
276c-1. Reports of expenditures by members of
American groups or delegations and
employees; consolidated reports by
Congressional committees; public
inspection........................ 1350
subchapter i.--canada-united states interparliamentary group
276d. United States group; appointment;
term; meeting..................... 1351
276e. Authorization of appropriations;
disbursements..................... 1352
subchapter ii--mexico-united states interparliamentary group
276h. United States group; appointment;
term; meeting..................... 1353
276i. Authorization of appropriations;
disbursements..................... 1354
subchapter ii-a.--british-american interparliamentary group
276l. British-American Interparliamentary
Group............................. 1355
subchapter ii-b.--united states delegation to parliamentary
assembly of conference on security and cooperation in europe
(csce)
276m. United States Delegation to
Parliamentary Assembly of
Conference on Security and
Cooperation in Europe (CSCE)...... 1356
subchapter ii-c.--united states senate-china
interparliamentary group
276n. United States Senate-China
Interparliamentary Group.......... 1357
subchapter ii-d.--united states senate-russia
interparliamentary group
276o. United States Senate-Russia
Interparliamentary Group.......... 1358
Chapter 24.--Mutual Security Program
1754. Foreign currencies.................... 1359
1928a. North Atlantic Treaty Parliamentary
Conference; participation;
appointment of United States Group 1360
1928b. Authorization of appropriations....... 1361
TITLE 26.--INTERNAL REVENUE CODE
Subtitle A.--Income Taxes
Chapter 1.--Normal Taxes and Surtaxes
subchapter b.--computation of taxable income
Part II.--Items Specifically Included in Gross Income
84. Transfer of appreciated property to
political organization............ 1375
Part VI.--Itemized Deductions for Individuals and
Corporations
162. Trade or business expenses............ 1376
subchapter f.--exempt organizations
Part VI.--Political Organizations
527. Political organizations............... 1377
subchapter n.--tax based on income from sources within or
without the united states
Part II.--Nonresident Aliens and Foreign Corporations
subpart d.--miscellaneous provisions
896. Adjustment of tax on nationals,
residents, and corporations of
certain foreign countries......... 1378
subchapter p.--capital gains and losses
Part III.--General Rules for Determining Capital Gains and
Losses
1221. Capital asset defined................. 1379
Subtitle F.--Procedure and Administration
Chapter 61.--Information and Returns
subchapter a.--returns and records
6033. Returns by exempt organizations....... 1380
subchapter b.--miscellaneous provisions
6103. Confidentiality and disclosure of
returns and return information.... 1381
6104. Publicity of information required from
certain exempt organizations and
certain trusts.................... 1382
Chapter 78.--Discovery of Liability and Enforcement of Title
subchapter a.--examination and inspection
7608. Authority of internal revenue
enforcement officers.............. 1383
Chapter 79.--Definitions
7701. Definitions........................... 1384
Chapter 80.--General Rules
subchapter a.--application of internal revenue laws
7802. Internal Revenue Service Oversight
Board............................. 1385
7803. Commissioner of Internal Revenue;
other officials................... 1386
7805. Rules and regulations................. 1387
Subtitle G.--The Joint Committee on Taxation
Chapter 91.--Organization and Membership of the Joint
Committee
8001. Authorization......................... 1388
8002. Membership............................ 1389
8003. Election of chairman and vice chairman 1390
8004. Appointment and compensation of staff. 1391
8005. Payment of expenses................... 1392
Chapter 92.--Powers and Duties of the Joint Committee
8021. Powers................................ 1393
8022. Duties................................ 1394
8023. Additional powers to obtain data...... 1395
Subtitle H.--Financing of Presidential Election Campaigns
Chapter 95.--Presidential Election Campaign Fund
9009. Reports to Congress; regulations...... 1396
Chapter 96.--Presidential Primary Matching Payment Account
9039. Reports to Congress; regulations...... 1397
Subtitle I.--Trust Fund Code
Chapter 98.--Trust Fund Code
subchapter b.--general provisions
9602. Management of Trust Funds............. 1398
TITLE 28.--JUDICIARY AND JUDICIAL PROCEDURE
Chapter 31.--The Attorney General
530D. Report on enforcement of laws......... 1425
Chapter 85.--District Courts; Jurisdiction
1365. Senate actions........................ 1426
Chapter 91.--United States Court of Federal Claims
1492. Congressional reference cases......... 1427
Chapter 115.--Evidence; Documentary
1736. Congressional Journals................ 1428
Chapter 165.--United States Court of Federal Claims
Procedure
2509. Congressional reference cases......... 1430
TITLE 31.--MONEY AND FINANCE
Chapter 7.--General Accounting Office
701. Definitions........................... 1450
712. Investigating the use of public money. 1451
717. Evaluating programs and activities of
the United States Government...... 1452
718. Availability of draft reports......... 1453
719. Comptroller General reports........... 1454
720. Agency reports........................ 1455
734. Assignments and details to Congress... 1456
Chapter 11.--The Budget and Fiscal, Budget, and Program
Information
1101. Definitions........................... 1457
1102. Fiscal year........................... 1458
1103. Budget ceiling........................ 1459
1104. Budget and appropriations authority of
the President..................... 1460
1105. Budget contents and submission to
Congress.......................... 1461
1106. Supplemental budget estimates and
changes........................... 1462
1107. Deficiency and supplemental
appropriations.................... 1463
1108. Preparation and submission of
appropriations requests to the
President......................... 1464
1109. Current programs and activities
estimates......................... 1465
1110. Year-ahead requests for authorizing
legislation....................... 1466
1111. Improving economy and efficiency...... 1467
1112. Fiscal, budget, and program
information....................... 1468
1113. Congressional information............. 1469
1535. Agency agreements..................... 1471
Chapter 33.--Depositing, Keeping, and Paying Money
subchapter 2.--payments
3332. Required direct deposit............... 1472
TITLE 39.--POSTAL SERVICE
Part IV.--Mail Matter
Chapter 32.--Penalty and Franked Mail
3201. Definitions........................... 1480
3210. Franked mail transmitted by the Vice
President, Members of Congress,
and congressional officials....... 1481
3211. Public documents...................... 1482
3212. Congressional Record under frank of
Members of Congress............... 1483
3213. Seeds and reports from Department of
Agriculture....................... 1484
3215. Lending or permitting use of frank
unlawful.......................... 1485
3216. Reimbursement for franked mailings.... 1486
3218. Franked mail for survivors of Members
of Congress....................... 1487
3219. Mailgrams............................. 1488
...... Domestic Mail Manual Provisions
Relating to the Congressional
franking privilege................ 1490
TITLE 40.--PUBLIC BUILDINGS, PROPERTY, AND WORKS
Subtitle I.--Federal Property and Administrative Services
321. Acquisition Services Fund............. 1500
Subtitle II.--Public Buildings and Works
Part B.--United States Capitol
Chapter 51.--United States Capitol Buildings and Grounds
5101. Definition............................ 1501
5102. Legal description and jurisdiction of
United States Capitol Grounds..... 1502
5103. Restrictions on public use of United
States Capitol Grounds............ 1503
5104. Unlawful activities................... 1504
5105. Assistance to authorities by Capitol
employees......................... 1505
5106. Suspension of prohibitions............ 1506
5107. Concerts on grounds................... 1507
5108. Audit of private organizations........ 1508
5109. Penalties............................. 1509
Part C.--Federal Building Complexes
Chapter 65.--Thurgood Marshall Federal Judiciary Building
6501. Definition............................ 1510
6502. Thurgood Marshall Federal Judiciary
Building.......................... 1511
6503. Commission for the Judiciary Office
Building.......................... 1512
6504. Lease of building..................... 1513
6505. Structural and mechanical care and
security.......................... 1514
6506. Allocation of space................... 1515
6507. Account in Treasury................... 1516
Chapter 89.--National Capital Memorials and Commemorative
Works
8901. Purposes.............................. 1517
8902. Definitions and nonapplication........ 1518
8903. Congressional authorization of
commemorative works............... 1519
8904. National Capital Memorial Advisory
Commission........................ 1520
8905. Site and design approval.............. 1521
8906. Criteria for issuance of construction
permit............................ 1522
8907. Temporary site designation............ 1523
8908 Areas I and II........................ 1524
8909. Administrative........................ 1525
TITLE 41.--PUBLIC CONTRACTS
Chapter 1.--General Provisions
6a-1. Architect of the Capitol, exception
from advertisement requirements... 1550
6a-2. Architect of the Capitol, authority
for personal services contracts
with legal entities............... 1551
22. Interest of Member of Congress........ 1552
TITLE 42.--THE PUBLIC HEALTH AND WELFARE
Chapter 126.--Equal Opportunity for Individuals with
Disabilities
12209. Instrumentalities of Congress......... 1575
TITLE 44.--PUBLIC PRINTING AND DOCUMENTS
Chapter 1.--Joint Committee on Printing
101. Joint Committee on Printing:
membership........................ 1600
102. Joint Committee on Printing:
succession; powers during recess.. 1601
103. Joint Committee on Printing: remedial
powers............................ 1602
Chapter 3.--Government Printing Office
301. Public Printer: appointment........... 1603
302. Deputy Public Printer: appointment;
duties............................ 1604
303. Public Printer and Deputy Public
Printer: pay...................... 1605
304. Public Printer: vacancy in office..... 1606
305. Public Printer: employees; pay........ 1607
Chapter 5.--Production and Procurement of Printing and
Binding
501. Government printing, binding, and
blank-book work to be done at
Government Printing Office........ 1608
502. Procurement of printing, binding, and
blank-book work by Public Printer. 1609
506. Time for printing documents or reports
which include illustrations or
maps.............................. 1610
507. Orders for printing to be acted upon
within one year................... 1611
508. Annual estimates of quantity of paper
required for public printing and
binding........................... 1612
Chapter 7.--Congressional Printing and Binding
701. ``Usual number'' of documents and
reports; distribution of House and
Senate documents and reports;
binding; reports on private bills;
number of copies printed;
distribution...................... 1613
702. Extra copies of documents and reports. 1614
703. Printing extra copies................. 1615
704. Reprinting bills, laws, and reports
from committees not exceeding
fifty pages....................... 1616
705. Duplicate orders to print............. 1617
706. Bills and resolutions: number and
distribution...................... 1618
707. Bills and resolutions: style and form. 1619
708. Bills and resolutions: binding sets
for Congress...................... 1620
709. Public and private laws, postal
conventions, and treaties......... 1621
711. Printing Acts, joint resolutions, and
treaties.......................... 1622
713. Journals of Houses of Congress........ 1623
714. Printing documents for Congress in two
or more editions; printing of full
number and allotment of full quota 1624
715. Senate and House documents and reports
for Department of State........... 1625
716. Printing of documents not provided for
by law............................ 1626
717. Appropriation chargeable for printing
of document or report by order of
Congress.......................... 1627
718. Lapse of authority to print........... 1628
719. Classification and numbering of
publications ordered printed by
Congress; designation of
publications of departments;
printing of committee hearings.... 1629
720. Senate and House Manuals.............. 1630
721. Congressional Directory............... 1631
722. Congressional Directory: sale......... 1632
723. Memorial addresses: preparation;
distribution...................... 1633
724. Memorial addresses: illustrations..... 1634
725. Statement of appropriations; ``usual
number''.......................... 1635
726. Printing for committees of Congress... 1636
727. Committee reports: indexing and
binding........................... 1637
728. United States Statutes at Large:
distribution...................... 1638
730. Distribution of documents to Members
of Congress....................... 1639
731. Allotments of public documents printed
after expiration of terms of
Members of Congress; rights of
retiring Members to documents..... 1640
732. Time for distribution of documents by
Members of Congress extended...... 1641
733. Documents and reports ordered by
Members of Congress; franks and
envelopes for Members of Congress. 1642
734. Stationery and blank books for
Congress.......................... 1643
735. Binding for Senators.................. 1644
736. Binding at expense of Members of
Congress.......................... 1645
737. Binding for Senate library............ 1646
738. Binding of publications for
distribution to libraries......... 1647
739. Senate and House document rooms;
superintendents................... 1648
740. Senate Service Department and House
Publications Distribution Service;
superintendents................... 1649
741. Disposition of documents stored at
Capitol........................... 1650
Chapter 9.--Congressional Record
901. Congressional Record: arrangement,
style, contents, and indexes...... 1651
902. Congressional Record: indexes......... 1652
903. Congressional Record: daily and
permanent forms................... 1653
904. Congressional Record: maps; diagrams;
illustrations..................... 1654
905. Congressional Record: additional
insertions........................ 1655
906. Congressional Record: gratuitous
copies; delivery.................. 1656
907. Congressional Record: extracts for
Members of Congress; mailing
envelopes......................... 1657
908. Congressional Record: payment for
printing extracts or other
documents......................... 1658
910. Congressional Record: subscriptions;
sale of current, individual
numbers, and bound sets; postage
rate.............................. 1659
Chapter 11.--Executive and Judiciary Printing and Binding
1104. Restrictions on use of illustrations.. 1660
Chapter 13.--Particular Reports and Documents
1301. Agriculture, Department of: report of
Secretary......................... 1661
1326. Librarian of Congress: reports........ 1662
1339. Printing of the President's message... 1663
Chapter 17.--Distribution and Sale of Public Documents
1705. Printing additional copies for sale to
public; regulations............... 1664
1706. Printing and sale of extra copies of
documents......................... 1665
1710. Index of documents: number and
distribution...................... 1666
1715. Publications for department or officer
or for congressional committees... 1667
1718. Distribution of Government
publications to the Library of
Congress.......................... 1668
1719. International exchange of Government
publications...................... 1669
Chapter 19.--Depository Library Program
1901. Definition of Government publication.. 1670
1902. Availability of Government
publications through
Superintendent of Documents; lists
of publications not ordered from
Government Printing Office........ 1671
1903. Distribution of publications to
depositories; notice to Government
components; cost of printing and
binding........................... 1672
1904. Classified list of Government
publications for selection by
depositories...................... 1673
1905. Distribution to depositories;
designation of additional
libraries; justification;
authorization for certain
designations...................... 1674
1906. Land-grant colleges constituted
depositories...................... 1675
1909. Requirements of depository libraries;
reports on conditions;
investigations; termination;
replacement....................... 1676
1910. Designations of replacement
depositories; limitations on
numbers; conditions............... 1677
1912. Regional depositories; designation;
functions; disposal of
publications...................... 1678
1914. Implementation of depository library
program by Public Printer......... 1679
1915. Highest State appellate court
libraries as depository libraries. 1680
1916. Designation of libraries of accredited
law schools as depository
libraries......................... 1681
Chapter 21.--National Archives and Records Administration
2112. Presidential archival depository...... 1682
2118. Records of Congress................... 1683
Chapter 33.--Disposal of Records
3303a. Examination by Archivist of lists and
schedules of records lacking
preservation value; disposal of
records........................... 1684
Chapter 35.--Coordination of Federal Information Policy
subchapter i.--federal information policy
3501. Purposes.............................. 1685
3503. Office of Information and Regulatory
Affairs........................... 1686
3505. Assignment of tasks and deadlines..... 1687
3514. Responsiveness to Congress............ 1688
[275]
____________________________________________________________
GENERAL AND PERMANENT LAWS RELATING TO THE UNITED STATES
SENATE
Extracts from the United States Code\1\
\1\Since some provisions of the most recently enacted
statutes may receive slightly different editorial treatment
in the codification process, and since a few stylistic
changes have been made in this Manual to achieve more
convenient adaptation to Senate needs, some pro forma
deviations from the exact format of the United States Code
may be noted.
[Data collected through 113th Congress,
1st Session]
____________________________________________________________
TITLE 1.--GENERAL PROVISIONS
Chapter 2.--ACTS AND RESOLUTIONS; FORMALITIES OF ENACTMENT;
REPEALS; SEALING OF INSTRUMENTS
275 Sec. 101. Enacting clause.
The enacting clause of all Acts of Congress shall be in
the following form: ``Be it enacted by the Senate and House
of Representatives of the United States of America in
Congress assembled.'' (July 30, 1947, c. 388, 61 Stat. 634.)
276 Sec. 102. Resolving clause.
The resolving clause of all joint resolutions shall be
in the following form: ``Resolved by the Senate and House of
Representatives of the United States of America in Congress
assembled.'' (July 30, 1947, c. 388, 61 Stat. 634.)
277 Sec. 103. Enacting or resolving words after first section.
No enacting or resolving words shall be used in any
section of an Act or resolution of Congress except in the
first. (July 30, 1947, c. 388, 61 Stat. 634.)
278 Sec. 104. Numbering of sections; single proposition.
Each section shall be numbered, and shall contain, as
nearly as may be, a single proposition of enactment. (July
30, 1947, c. 388, 61 Stat. 634.)
279 Sec. 105. Title of appropriation Acts.
The style and title of all Acts making appropriations
for the support of Government shall be as follows: ``An Act
making appropriations (here insert the object) for the year
ending September 30 (here insert the calendar year).'' (July
30, 1947, c. 388, 61 Stat. 634; July 12, 1974, Pub.L. 93-
344, Title V, Sec. 506(a), 88 Stat. 322.)
280 Sec. 106. Printing bills and joint resolutions.
Every bill or joint resolution in each House of Congress
shall, when such bill or resolution passes either House, be
printed, and such printed copy shall be called the engrossed
bill or resolution as the case may be. Said engrossed bill
or resolution shall be signed by the Clerk of the House or
the Secretary of the Senate, and shall be sent to the other
House, and in that form shall be dealt with by that House
and its officers, and, if passed, returned signed by said
Clerk or Secretary. When such bill, or joint resolution
shall have passed both Houses, it shall be printed and shall
then be called the enrolled bill, or joint resolution, as
the case may be, and shall be signed by the presiding
officers of both Houses and sent to the President of the
United States. During the last six days of a session such
engrossing and enrolling of bills and joint resolutions may
be done otherwise than as above prescribed, upon the order
of Congress by concurrent resolution. (July 30, 1947, c.
388, 61 Stat. 634.)
281 Sec. 106a. Promulgation of laws.
Whenever a bill, order, resolution, or vote of the
Senate and House of Representatives, having been approved by
the President, or not having been returned by him with his
objections, becomes a law or takes effect, it shall
forthwith be received by the Archivist of the United States
from the President; and whenever a bill, order, resolution,
or vote is returned by the President with his objections,
and, on being reconsidered, is agreed to be passed, and is
approved by two-thirds of both Houses of Congress, and
thereby becomes a law or takes effect, it shall be received
by the Archivist of the United States from the President of
the Senate, or Speaker of the House of Representatives in
whichsoever House it shall last have been so approved, and
he shall carefully preserve the originals. (Added Oct. 31,
1951, c. 655, Sec. 2(b), 65 Stat. 710, and amended Oct. 19,
1984, Pub.L. 98-497, Title I, Sec. 107(d), 98 Stat. 2291.)
282 Sec. 106b. Amendments to Constitution.
Whenever official notice is received at the National
Archives and Records Administration that any amendment
proposed to the Constitution of the United States has been
adopted, according to the provisions of the Constitution,
the Archivist of the United States shall forthwith cause the
amendment to be published, with his certificate, specifying
the States by which the same may have been adopted, and that
the same has become valid, to all intents and purposes, as a
part of the Constitution of the United States. (Added Oct.
31, 1951, c. 655, Sec. 2(b), 65 Stat. 710, and amended Oct.
19, 1984, Pub.L. 98-497, Title I, Sec. 107(d), 98 Stat.
2291.)
283 Sec. 107. Parchment or paper for printing enrolled bills or
resolutions.
Enrolled bills and resolutions of either House of
Congress shall be printed on parchment or paper of suitable
quality as shall be determined by the Joint Committee on
Printing. (July 30, 1947, c. 388, 61 Stat. 635.)
284 Sec. 108. Repeal of repealing act.
Whenever an Act is repealed, which repealed a former
Act, such former Act shall not thereby be revived, unless it
shall be expressly so provided. (July 30, 1947, c. 388, 61
Stat. 635.)
285 Sec. 109. Repeal of statutes as affecting existing
liabilities.
The repeal of any statute shall not have the effect to
release or extinguish any penalty, forfeiture, or liability
incurred under such statute, unless the repealing Act shall
so expressly provide, and such statute shall be treated as
still remaining in force for the purpose of sustaining any
proper action or prosecution for the enforcement of such
penalty, forfeiture, or liability. The expiration of a
temporary statute shall not have the effect to release or
extinguish any penalty, forfeiture, or liability incurred
under such statute, unless the temporary statute shall so
expressly provide, and, such statute shall be treated as
still remaining in force for the purpose of sustaining any
proper action or prosecution for the enforcement of such
penalty, forfeiture, or liability. (July 30, 1947, c. 388,
61 Stat. 635.)
286 Sec. 110. Saving clause of Revised Statutes.
All acts of limitation, whether applicable to civil
causes and proceedings, or to the prosecution of offenses,
or for the recovery of penalties or forfeitures, embraced in
the Revised Statutes and covered by the repeal contained
therein, shall not be affected thereby, but all suits,
proceedings, or prosecutions, whether civil or criminal, for
causes arising, or acts done or committed prior to said
repeal, may be commenced and prosecuted within the same time
as if said repeal had not been made. (July 30, 1947, c. 388,
61 Stat. 635.)
287 Sec. 111. Repeals as evidence of prior effectiveness.
No inference shall be raised by the enactment of the Act
of March 3, 1933 (ch. 202, 47 Stat. 1431), that the sections
of the Revised Statutes repealed by such Act were in force
or effect at the time of such enactment: Provided, however,
That any rights or liabilities existing under such repealed
sections shall not be affected by their repeal. (July 30,
1947, c. 388, 61 Stat. 635.)
288 Sec. 112. Statutes at large; contents; admissibility in
evidence.
The Archivist of the United States shall cause to be
compiled, edited, indexed, and published, the United States
Statutes at Large, which shall contain all the laws and
concurrent resolutions enacted during each regular session
of Congress; all proclamations by the President in the
numbered series issued since the date of the adjournment of
the regular session of Congress next preceding; and also any
amendments to the Constitution of the United States proposed
or ratified pursuant to article V thereof since that date,
together with the certificate of the Archivist of the United
States issued in compliance with the provision contained in
section 106b of this title. In the event of an extra session
of Congress, the Archivist of the United States shall cause
all the laws and concurrent resolutions enacted during said
extra session to be consolidated with, and published as part
of, the contents of the volume for the next regular session.
The United States Statutes at Large shall be legal evidence
of laws, concurrent resolutions, treaties, international
agreements other than treaties, proclamations by the
President, and proposed or ratified amendments to the
Constitution of the United States therein contained, in all
the courts of the United States, the several States, and the
Territories and insular possessions of the United States.
(July 30, 1947, ch. 388, 61 Stat. 636; Sept. 23, 1950, ch.
1001, Sec. 1, 64 Stat. 979; Oct. 31, 1951, ch. 655, Sec. 3,
65 Stat. 710; Oct. 19, 1984, Pub.L. 98-497, Title I,
Sec. 107(d), 98 Stat. 2291.)
289 Sec. 112b. United States international agreements;
transmission to Congress.
(a) The Secretary of State shall transmit to the
Congress the text of any international agreement (including
the text of any oral international agreement, which
agreement shall be reduced to writing), other than a treaty,
to which the United States is a party as soon as practicable
after such agreement has entered into force with respect to
the United States but in no event later than sixty days
thereafter. However, any such agreement the immediate public
disclosure of which would, in the opinion of the President,
be prejudicial to the national security of the United States
shall not be so transmitted to the Congress but shall be
transmitted to the Committee on Foreign Relations of the
Senate and the Committee on International Relations of the
House of Representatives under an appropriate injunction of
secrecy to be removed only upon due notice from the
President. Any department or agency of the United States
Government which enters into any international agreement on
behalf of the United States shall transmit to the Department
of State the text of such agreement not later than twenty
days after such agreement has been signed.
(b) Not later than March 1, 1979, and at yearly
intervals thereafter, the President shall, under his own
signature, transmit to the Speaker of the House of
Representatives and the chairman of the Committee on Foreign
Relations of the Senate a report with respect to each
international agreement which, during the preceding year,
was transmitted to the Congress after the expiration of the
60-day period referred to in the first sentence of
subsection (a), describing fully and completely the reasons
for the late transmittal.
(c) Notwithstanding any other provision of law, an
international agreement may not be signed or otherwise
concluded on behalf of the United States without prior
consultation with the Secretary of State. Such consultation
may encompass a class of agreements rather than a particular
agreement.
(d)(1) The Secretary of State shall annually submit to
Congress a report that contains an index of all
international agreements, listed by country, date, title,
and summary of each such agreement (including a description
of the duration of activities under the agreement and the
agreement itself), that the United States--
(A) has signed, proclaimed, or with
reference to which any other final formality has
been executed, or that has been extended or
otherwise modified, during the preceding
calendar year; and
(B) has not been published, or is not
proposed to be published, in the compilation
entitled ``United States Treaties and Other
International Agreements''.
(2) The report described in paragraph (1) may be
submitted in classified form.
(e)(1) Subject to paragraph (2), the Secretary of State
shall determine for and within the executive branch whether
an arrangement constitutes an international agreement within
the meaning of this section.
(2)(A) An arrangement shall constitute an international
agreement within the meaning of this section (other than
subsection (c)) irrespective of the duration of activities
under the arrangement or the arrangement itself.
(B) Arrangements that constitute an international
agreement within the meaning of this section (other than
subsection (c)) include the following:
(i) A bilateral or multilateral
counterterrorism agreement.
(ii) A bilateral agreement with a country
that is subject to a determination under section
6(j)(1)(A) of the Export Administration Act of
1979 (50 U.S.C. App. 2405(j)(1)(A)), section
620A(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2371(a)), or section 40(d) of the
Arms Export Control Act (22 U.S.C. 2780(d)).
(f) The President shall, through the Secretary of State,
promulgate such rules and regulations as may be necessary to
carry out this section. (Pub.L. 92-403, Sec. 1, Aug. 22,
1972, 86 Stat. 619; Pub.L. 95-45, Sec. 5, June 15, 1977, 91
Stat. 224; Pub.L. 95-426, Title VII, Sec. 708, Oct. 7, 1978,
92 Stat. 993; Pub.L. 103-236, Sec. 138, Apr. 30, 1994, 108
Stat. 397; Pub.L. 103-437, Sec. 1, Nov. 2, 1994, 108 Stat.
4581; Pub.L. 108-458, Title VII, Sec. 7121(b) to (d), Dec.
17, 2004, 118 Stat. 3807, 3808.)
Chapter 3.--CODE OF LAWS OF UNITED STATES AND SUPPLEMENTS;
DISTRICT OF COLUMBIA CODE AND SUPPLEMENTS
290 Sec. 211. Copies [of the Code of Laws] to Members of
Congress.
In addition to quotas provided for by section 210 of
this title there shall be printed, published, and
distributed of the Code of Laws relating to the District of
Columbia with tables, index and other ancillaries, suitably
bound and with thumb inserts and other convenient devices to
distinguish the parts, and of the supplements to both codes
as provided for by sections 202, 203 of this title, ten
copies of each for each Member of the Senate and House of
Representatives of the Congress in which the original
authorized publication is made, for his use and
distribution, and in addition for the Committee on the
Judiciary of the House of Representatives and the Committee
on the Judiciary of the Senate a number of bound copies of
each equal to ten times the number of members of such
committees, and one bound copy of each for the use of each
committee of the Senate and House of Representatives. (July
30, 1947, ch. 388, 61 Stat. 640.)
291 Sec. 212. Additional distribution at each new Congress.
In addition the Superintendent of Documents shall, at
the beginning of the first session of each Congress, supply
to each Senator and Representative in such Congress, who may
in writing apply for the same, one copy each of the Code of
Laws of the United States, the Code of Laws relating to the
District of Columbia, and the latest supplement to each
code: Provided, That such applicant shall certify in his
written application for the same that the volume or volumes
for which he applies is intended for his personal use
exclusively: And provided further, That no Senator or
Representative during his term of service shall receive
under this section more than one copy each of the volumes
enumerated herein. (July 30, 1947, Ch. 388, 61 Stat. 640.)
2 u.s.c.--the congress
generalandpermanentlawsrelatingtothesenate
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 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
(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 5.--LIBRARY OF CONGRESS
306 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.)
307 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.)
308 Sec. 132a. Appropriations for increase of general library.
The unexpended balance of any sums appropriated by
Congress for the increase of the general library, together
with such sums as may hereafter be appropriated to the same
purpose, shall be laid out under the direction of the Joint
Committee of Congress on the Library. (R.S. Sec. 82; Feb. 7,
1902, No. 5, 32 Stat. 735; Aug. 2, 1946, ch. 753, Sec. 223,
60 Stat. 838.)
Cross Reference
Librarian of Congress to make rules and regulations for
government of library, see section 136 of this title (Senate
Manual section 311).
309 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.)
310 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.)
311 Sec. 135a. Books and sound-reproduction records for blind
and other physically handicapped residents; annual
appropriations; purchases
There is authorized to be appropriated annually to the
Library of Congress, in addition to appropriations otherwise
made to said Library, such sums for expenditure under the
direction of the Librarian of Congress as may be necessary
to provide books published either in raised characters, on
sound-reproduction recordings or in any other form, and for
purchase, maintenance, and replacement of reproducers for
such sound-reproduction recordings, for the use of the blind
and for other physically handicapped residents of the United
States, including the several States, Territories, insular
possessions, and the District of Columbia, all of which
books, recordings, and reproducers will remain the property
of the Library of Congress but will be loaned to blind and
to other physically handicapped readers certified by
competent authority as unable to read normal printed
material as a result of physical limitations, under
regulations prescribed by the Librarian of Congress for this
service. In the purchase of books in either raised
characters or in sound-reproduction recordings the Librarian
of Congress, without reference to the provisions of section
6101 of Title 41, shall give preference to nonprofit-making
institutions or agencies whose activities are primarily
concerned with the blind and with other physically
handicapped persons, in all cases where the prices or bids
submitted by such institutions or agencies are, by said
Librarian, under all the circumstances and needs involved,
determined to be fair and reasonable. (Mar. 3, 1931, c. 400,
Sec. 1, 46 Stat. 1487; Mar. 4, 1933, c. 279, 47 Stat. 1570;
June 14, 1935, c. 242, Sec. 1, 49 Stat. 374; Apr. 23, 1937,
c. 125, Sec. 1, 50 Stat. 72; June 7, 1939, c. 191, 53 Stat.
812; June 6, 1940, c. 255, 54 Stat. 245; Oct. 1, 1942, c.
575, Sec. 1, 56 Stat. 764; June 13, 1944, c. 246, Sec. 1, 58
Stat. 276; Aug. 8, 1946, c. 868, Sec. 1, 60 Stat. 908; July
3, 1952, c. 566, 66 Stat. 326; Pub.L. 85-308, Sec. 1, Sept.
7, 1957,71 Stat. 630; Pub.L. 89d, determined to be fair and
reasonable. (Mar. 3, 1931, c. 400, Sec. 1, 46 Stat. 1487;
Mar. 4, 1933, c. 279, 47 Stat. 1570; June 14, 1935, c. 242,
Sec. 1, 49 Stat. 374; Apr. 23, 1937, c. 125, Sec. 1, 50
Stat. 72; June 7, 1939, c. 191, 53 Stat. 812; June 6, 1940,
c. 255, 54 Stat. 245; Oct. 1, 1942, c. 575, Sec. 1, 56 Stat.
764; June 13, 1944, c. 246, Sec. 1, 58 Stat. 276; Auug. 8,
1946, c. 868, Sec. 1, 60 Stat. 908; July 3, 1952, c. 566, 66
Stat. 326; Pub.L. 85-308, Sec. 1, Sept. 7, 1957,71 Stat.
630; Pub.L. 89-522, Sec. 1, July 30, 1966, 80 Stat. 330.)
312 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.)
313 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.)
314 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.)
315 Sec. 141a. Design, installation, and maintenance of security
systems; transfer of responsibility.
The responsibility for design, installation, and
maintenance of security systems to protect the physical
security of the buildings and grounds of the Library of
Congress is transferred from the Architect of the Capitol to
the Capitol Police Board. Such design, installation, and
maintenance shall be carried out under the direction of the
Committee on House Oversight of the House of Representatives
and the Committee on Rules and Administration of the Senate,
and without regard to section 3709 of the Revised Statutes
of the United States (41 U.S.C. 5). Any alteration to a
structural, mechanical, or architectural feature of the
buildings and grounds of the Library of Congress that is
required for a security system under the preceding sentence
may be carried out only with the approval of the Architect
of the Capitol. (Pub.L. 105-277, Div. B, Title II, Oct. 21,
1998, 112 Stat. 2681-570.)
316 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 534 through 543).
317 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).
318 Sec. 145a. Periodical binding of printed hearings of
committee
testimony.
The Librarian of the Library of Congress is authorized
and directed to have bound at the end of each session of
Congress the printed hearings of testimony taken by each
committee of the Congress at the preceding session. (Aug. 2,
1946, ch. 753, Sec. 141, 60 Stat. 834.)
319 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.)
320 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.)
321 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.)
322 Sec. 157. Funds of Library of Congress Trust Fund Board;
management of.
The moneys or securities composing the trust funds given
or bequeathed to the board shall be receipted for by the
Secretary of the Treasury, who shall invest, reinvest, or
retain investments as the board may from time to time
determine. The income as and when collected shall be
deposited with the Treasurer of the United States, who shall
enter it in a special account to the credit of the Library
of Congress and subject to disbursement by the librarian for
the purposes in each case specified; and the Treasurer of
the United States is authorized to honor the requisitions of
the librarian made in such manner and in accordance with
such regulations as the Treasurer may from time to time
prescribe: Provided, however, That the board is not
authorized to engage in any business nor to exercise any
voting privilege which may be incidental to securities in
its hands, nor shall the board make any investments that
could not lawfully be made by a trust company in the
District of Columbia, except that it may make any
investments directly authorized by the instrument of gift,
and may retain any investments accepted by it. (Mar. 3,
1925, ch. 423, Sec. 2, 43 Stat. 1107; Apr. 13, 1936, ch.
213, 49 Stat. 1205.)
323 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.)
324 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.)
325 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.)
326 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.)
327 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.)
328 Sec. 166. Congressional Research Service.
(a) Redesignation of Legislative Reference Service
The Legislative Reference Service in the Library of
Congress is hereby continued as a separate department in the
Library of Congress and is redesignated the ``Congressional
Research Service''.
(b) Functions and objectives
It is the policy of Congress that--
(1) the Librarian of Congress shall, in
every possible way, encourage, assist, and
promote the Congressional Research Service in--
(A) rendering to Congress the most
effective and efficient service,
(B) responding most expeditiously,
effectively, and efficiently to the special
needs of Congress, and
(C) discharging its responsibilities to
Congress;
and
(2) the Librarian of Congress shall grant
and accord to the Congressional Research Service
complete research independence and the maximum
practicable administrative independence
consistent with these objectives.
(c) Appointment and compensation of Director, Deputy
Director, and other necessary personnel; minimum grade
for Senior Specialists; placement in grades GS-16, 17,
and 18 of Specialists and Senior Specialists;
appointment without regard to civil service laws and
political affiliation and on basis of fitness to perform
duties
(1) After consultation with the Joint Committee on the
Library, the Librarian of Congress shall appoint the
Director of the Congressional Research Service. The basic
pay of the Director shall be at per annum rate equal to the
rate of basic pay provided for level III of the Executive
Schedule under section 5314 of Title 5.
(2) The Librarian of Congress, upon the recommendation
of the Director, shall appoint a Deputy Director of the
Congressional Research Service and all other necessary
personnel thereof. The basic pay of the Deputy Director
shall be fixed in accordance with chapter 51 (relating to
classification) and subchapter III (relating to General
Schedule pay rates) of chapter 53 of Title 5, but without
regard to section 5108(a) of such title. The basic pay of
all other necessary personnel of the Congressional Research
Service shall be fixed in accordance with chapter 51
(relating to classification) and subchapter III (relating to
General Schedule pay rates) of chapter 53 of Title 5, except
that--
(A) the grade of Senior Specialist in each
field within the purview of subsection (e) of
this section shall not be less than the highest
grade in the executive branch of the Government
to which research analysts and consultants,
without supervisory responsibility, are
currently assigned; and
(B) the positions of Specialist and Senior
Specialist in the Congressional Research Service
may be placed in GS-16, 17, and 18 of the
General Schedule of section 5332 of Title 5,
without regard to section 5108(a) of such title,
subject to the prior approval of the Joint
Committee on the Library, of the placement of
each such position in any of such grades.
(3) Each appointment made under paragraphs (1) and (2)
of this subsection and subsection (e) of this section shall
be without regard to the civil service laws, without regard
to political affiliation, and solely on the basis of fitness
to perform the duties of the position.
(d) Duties of Service; assistance to Congressional
Committees; list of terminating programs and subjects
for analysis; legislative data, studies etc.;
information research; digest of bills, preparation;
legislation, purpose and effect, and preparation of
memoranda; information and research capability,
development
It shall be the duty of the Congressional Research
Service, without partisan bias--
(1) upon request, to advise and assist any
committee of the Senate or House of
Representatives and any joint committee of
Congress in the analysis, appraisal, and
evaluation of legislative proposals within that
committee's jurisdiction, or of recommendations
submitted to Congress, by the President or any
executive agency, so as to assist the committee
in--
(A) determining the advisability of
enacting such proposals;
(B) estimating the probable results of
such proposals and alternatives thereto; and
(C) evaluating alternative methods for
accomplishing those results;
and, by providing such other research and analytical
services as the committee considers appropriate for these
purposes, otherwise to assist in furnishing a basis for the
proper evaluation and determination of legislative proposals
and recommendations generally; and in the performance of
this duty the Service shall have authority, when so
authorized by a committee and acting as the agent of that
committee, to request of any department or agency of the
United States the production of such books, records,
correspondence, memoranda, papers, and documents as the
Service considers necessary, and such department or agency
of the United States shall comply with such request; and,
further, in the performance of this and any other relevant
duty, the Service shall maintain continuous liaison with all
committees;
(2) to make available to each committee of the Senate
and House of Representatives and each joint committee of the
two Houses, at the opening of a new Congress, a list of
programs and activities being carried out under existing law
scheduled to terminate during the current Congress, which
are within the jurisdiction of the committee;
(3) to make available to each committee of the Senate
and House of Representatives and each joint committee of the
two Houses, at the opening of a new Congress, a list of
subjects and policy areas which the committee might
profitably analyze in depth;
(4) upon request, or upon its own initiative in
anticipation of requests, to collect, classify, and analyze
in the form of studies, reports, compilations, digests,
bulletins, indexes, translations, and otherwise, data having
a bearing on legislation, and to make such data available
and serviceable to committees and Members of the Senate and
House of Representatives and joint committees of Congress;
(5) upon request, or upon its own initiative in
anticipation of requests, to prepare and provide
information, research, and reference materials and services
to committees and Members of the Senate and House of
Representatives and joint committees of Congress to assist
them in their legislative and representative functions;
(6) to prepare summaries and digests of bills and
resolutions of a public general nature introduced in the
Senate or House of Representatives;
(7) upon request made by any committee or Member of the
Congress, to prepare and transmit to such committee or
Member a concise memorandum with respect to one or more
legislative measures upon which hearings by any committee of
the Congress have been announced, which memorandum shall
contain a statement of the purpose and effect of each such
measure, a description of other relevant measures of similar
purpose or effect previously introduced in the Congress, and
a recitation of all action taken theretofore by or within
the Congress with respect to each such other measure; and
(8) to develop and maintain an information and research
capability, to include Senior Specialists, Specialists,
other employees, and consultants, as necessary, to perform
the functions provided for in this subsection.
(e) Specialists and Senior Specialists; appointment; fields
of
appointment
The Librarian of Congress is authorized to appoint in
the Congressional Research Service, upon the recommendation
of the Director, Specialists and Senior Specialists in the
following broad fields:
(1) agriculture;
(2) American government and public
administration;
(3) American public law;
(4) conservation;
(5) education;
(6) engineering and public works;
(7) housing;
(8) industrial organization and corporation
finance;
(9) international affairs;
(10) international trade and economic
geography;
(11) labor and employment;
(12) mineral economics;
(13) money and banking;
(14) national defense;
(15) price economics;
(16) science;
(17) social welfare;
(18) taxation and fiscal policy;
(19) technology;
(20) transportation and communications;
(21) urban affairs;
(22) veterans' affairs; and
(23) such other broad fields as the Director
may consider appropriate.
Such Specialists and Senior Specialists, together with such
other employees of the Congressional Research Service as may
be necessary, shall be available for special work with the
committees and Members of the Senate and House of
Representatives and the joint committees of Congress for any
of the purposes of subsection (d) of this section.
(f) Duties of Director; establishment and change of research
and reference divisions or other organizational units,
or both
The Director is authorized--
(1) to classify, organize, arrange, group,
and divide, from time to time, as he considers
advisable, the requests for advice, assistance,
and other services submitted to the
Congressional Research Service by committees and
Members of the Senate and House of
Representatives and joint committees of
Congress, into such classes and categories as he
considers necessary to--
(A) expedite and facilitate the handling
of the individual requests submitted by
Members of the Senate and House of
Representatives,
(B) promote efficiency in the
performance of services for committees of
the Senate and House of Representatives and
joint committees of Congress, and
(C) provide a basis for the efficient
performance by the Congressional Research
Service of its legislative research and
related functions generally,
and
(2) to establish and change, from time to
time, as he considers advisable, within the
Congressional Research Service, such research
and reference divisions or other organizational
units, or both, as he considers necessary to
accomplish the purposes of this section.
(g) Budget estimates
The Director of the Congressional Research Service will
submit to the Librarian of Congress for review,
consideration, evaluation, and approval, the budget
estimates of the Congressional Research Service for
inclusion in the Budget of the United States Government.
(h) Experts or consultants, individual or organizational,
and
persons and organizations with specialized knowledge;
procurement of temporary or intermittent assistance;
contracts, nonpersonal and personal service;
advertisement requirements inapplicable; end product;
pay; travel time
(1) The Director of the Congressional Research Service
may procure the temporary or intermittent assistance of
individual experts or consultants (including stenographic
reporters) and of persons learned in particular or
specialized fields of knowledge--
(A) by nonpersonal service contract, without
regard to any provision of law requiring
advertising for contract bids, with the
individual expert, consultant, or other person
concerned, as an independent contractor, for the
furnishing by him to the Congressional Research
Service of a written study, treatise, theme,
discourse, dissertation, thesis, summary,
advisory opinion, or other end product; or
(B) by employment (for a period of not more
than one year) in the Congressional Research
Service of the individual expert, consultant, or
other person concerned, by personal service
contract or otherwise, without regard to the
position classification laws, at a rate of pay
not in excess of the per diem equivalent of the
highest rate of basic pay then currently in
effect for the General Schedule of section 5332
of Title 5, including payment of such rate for
necessary travel time.
(2) The Director of the Congressional Research Service
may procure by contract, without regard to any provision of
law requiring advertising for contract bids, the temporary
(for respective periods not in excess of one year) or
intermittent assistance of educational, research, or other
organizations of experts and consultants (including
stenographic reporters) and of educational, research, and
other organizations of persons learned in particular or
specialized fields of knowledge.
(i) Special report to Joint Committee on the Library
The Director of the Congressional Research Service shall
prepare and file with the Joint Committee on the Library at
the beginning of each regular session of Congress a separate
and special report covering, in summary and in detail, all
phases of activity of the Congressional Research Service for
the immediately preceding fiscal year.
(j) Authorization of appropriations
There are hereby authorized to be appropriated to the
Congressional Research Service each fiscal year such sums as
may be necessary to 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.''
329 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.)
Chapter 6.--CONGRESSIONAL AND COMMITTEE PROCEDURE:
INVESTIGATIONS
330 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.)
331 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, 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.)
332 Sec. 191. Oaths to witnesses.
The President of the Senate, the Speaker of the House of
Representatives, or a chairman of any joint committee
established by a joint or concurrent resolution of the two
Houses of Congress, or of a committee of the whole, or of
any committee of either House of Congress, is empowered to
administer oaths to witnesses in any case under their
examination.
Any Member of either House of Congress may administer
oaths to witnesses in any matter depending in either House
of Congress of which he is a Member, or any committee
thereof. (R.S. Sec. 101; June 26, 1884, ch. 123, 23 Stat.
60; June 22, 1938, ch. 594, 52 Stat. 942, 943.)
333 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.)
334 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.)
335 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.)
336 Sec. 194a. Request by Congressional committees to officers
or
employees of Federal departments, agencies, etc.,
concerned with foreign countries or multilateral
organizations for expression of views and opinions.
Upon the request of a committee of either House of
Congress, a joint committee of Congress, or a member of such
committee, any officer or employee of the Department of
State, the Agency for International Development, or any
other department, agency, or independent establishment of
the United States Government primarily concerned with
matters relating to foreign countries or multilateral
organizations, may express his views and opinions, and make
recommendations he considers appropriate, if the request of
the committee or member of the committee relates to a
subject which is within the jurisdiction of that committee.
(Pub.L. 92-352, Sec. 502, July 13, 1972, 86 Stat. 496;
Pub.L. 93-126, Sec. 17, Oct. 18, 1973, 87 Stat. 455; Pub.L.
105-277, div G, Title XII, Sec. 1225(g), Title XIII,
Sec. 1335(n), Oct. 21, 1998, 112 Stat. 2681-775, 2681-789.)
337 Sec. 194b. Omitted.
338
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.)
339 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.)
340 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.)
341 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.)
342 Sec. 199. Member of commission, board, etc., appointed by
President pro tempore of Senate; recommendation process;
applicability
(a) Any provision of law which provides that any member
of a commission, board, committee, advisory group, or
similar body is to be appointed by the President pro tempore
of the Senate shall be construed to require that the
appointment be made--
(1) upon recommendation of the Majority
Leader of the Senate, if such provision of law
specifies that the appointment is to be made on
the basis of the appointee's affiliation with
the majority political party,
(2) upon the recommendation of the Minority
Leader of the Senate, if such provision of law
specifies that the appointment is to be made on
the basis of the appointee's affiliation with
the minority party, and
(3) upon the joint recommendation of the
Majority Leader of the Senate and the Minority
Leader of the Senate, if such provision of law
does not specify that the appointment is to be
made on the appointee's affiliation with the
majority or minority political party.
(b) The provisions of subsection (a) of this section
shall be applicable in the case of appointments made after
December 22, 1980, pursuant to provisions of law enacted on,
before, and after, December 22, 1980. (Pub.L. 96-576,
Sec. 3, Dec. 22, 1980, 94 Stat. 3355.)
343 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 615 through 628).
Chapter 9.--OFFICE OF LEGISLATIVE COUNSEL
345 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.)
346 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.)
347 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.)
348 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.''
349 Sec. 275. Functions.
The Office of the Legislative Counsel shall aid in
drafting public bills and resolutions or amendments thereto
on the request of any committee of the Senate, but the
Committee on Rules and Administration of the Senate, may
determine the preference, if any, to be given to such
requests of the committees of the Senate. The Legislative
Counsel shall, from time to time, prescribe rules and
regulations for the conduct of the work of the Office for
the committees of the Senate, subject to the approval of
such Committee on Rules and Administration. (Feb. 24, 1919,
ch. 18, Sec. 1303(b), (d), 40 Stat. 1141; June 2, 1924, ch.
234, Sec. 1101, 43 Stat. 353; Aug. 2, 1946, ch. 753, Title
I, Sec. Sec. 102, 121, 60 Stat. 814, 822.)
350 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.)
351 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.)
352 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
353 Sec. 288. Office of Senate Legal Counsel.
(a) Establishment; appointment of Counsel and Deputy
Counsel; Senate approval; reappointment; compensation
(1) There is established, as an office of the Senate,
the Office of Senate Legal Counsel (hereinafter referred to
as the ``Office''), which shall be headed by a Senate Legal
Counsel (hereinafter referred to as the ``Counsel''); and
there shall be a Deputy Senate Legal Counsel (hereinafter
referred to as the ``Deputy Counsel'') who shall perform
such duties as may be assigned to him by the Counsel and
who, during any absence, disability, or vacancy in the
position of the Counsel, shall serve as Acting Senate Legal
Counsel.
(2) The Counsel and the Deputy Counsel each shall be
appointed by the President pro tempore of the Senate from
among recommendations submitted by the majority and minority
leaders of the Senate. Any appointment made under this
paragraph shall be made without regard to political
affiliation and solely on the basis of fitness to perform
the duties of the position. Any person appointed as Counsel
or Deputy Counsel shall be learned in the law, a member of
the bar of a State or the District of Columbia, and shall
not engage in any other business, vocation, or employment
during the term of such appointment.
(3)(A) Any appointment made under paragraph (2) shall
become effective upon approval by resolution of the Senate.
The Counsel and the Deputy Counsel shall each be appointed
for a term of service which shall expire at the end of the
Congress following the Congress during which the Counsel or
Deputy Counsel, respectively, is appointed except that the
Senate may, by resolution, remove either the Counsel or the
Deputy Counsel prior to the termination of any term of
service. The Counsel and the Deputy Counsel may be
reappointed at the termination of any term of service.
(B) The first Counsel and the first Deputy Counsel shall
be appointed, approved, and begin service within ninety days
after January 3, 1979, and thereafter the Counsel and Deputy
Counsel shall be appointed, approved, and begin service
within thirty days after the beginning of the session of the
Congress immediately following the termination of a
Counsel's or Deputy Counsel's term of service or within
sixty days after a vacancy occurs in either position.
(4) The Counsel shall receive compensation at a rate
equal to the annual rate of basic pay for level III of the
Executive Schedule under section 5314 of Title 5. The Deputy
Counsel shall receive compensation at a rate equal to the
annual rate of basic pay for level IV of the Executive
Schedule under section 5315 of Title 5.
(b) Assistant counsels and other personnel; compensation;
appointment; removal
(1) The Counsel shall select and fix the compensation of
such Assistant Senate Legal Counsels (hereinafter referred
to as ``Assistant Counsels'') and of such other personnel,
within the limits of available funds, as may be necessary to
carry out the provisions of this chapter and may prescribe
the duties and responsibilities of such personnel. The
compensation fixed for each Assistant Counsel shall not be
in excess of a rate equal to the annual rate of basic pay
for level V of the Executive 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
4301(i) of this title.
(d) Policies and procedures
The Counsel may establish such policies and procedures
as may be necessary to carry out the provisions of this
chapter.
(e) Delegation of duties
The Counsel may delegate authority for the performance
of any function imposed by this chapter except any function
imposed upon the Counsel under section 288e(b) of this
title.
(f) Attorney-client relationship
The Counsel and other employees of the Office shall
maintain the attorney-client relationship with respect to
all communications between them and any Member, officer, or
employee of the Senate. (Pub.L. 95-521, Title VII, Sec. 701,
Oct. 26, 1978, 92 Stat. 1875.)
354 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.)
355 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.
(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.)
356 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.)
357 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 authorization to bring
such action within the meaning of any statute conferring
jurisdiction on any court of the United States.
(c) Consideration of resolutions authorizing actions
It shall not be in order in the Senate to consider a
resolution to direct the Counsel to bring a civil action
pursuant to subsection (a) of this section in the name of a
committee or subcommittee unless--
(1) such resolution is reported by a
majority of the members voting, a majority being
present, of such committee or committee of which
such subcommittee is a subcommittee, and
(2) the report filed by such committee or
committee of which such subcommittee is a
subcommittee contains a statement of--
(A) the procedure followed in issuing
such 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.)
358 Sec. 288e. Intervention or appearance.
(a) Actions or proceedings
When directed to do so pursuant to section 288b(c) of
this title, the Counsel shall intervene or appear as amicus
curiae in the name of the Senate, or in the name of an
officer, committee, subcommittee, or chairman of a committee
or subcommittee of the Senate in any legal action or
proceeding pending in any court of the United States or of a
State or political subdivision thereof in which the powers
and responsibilities of Congress under the Constitution of
the United States are placed in issue. The Counsel shall be
authorized to intervene only if standing to intervene exists
under section 2 of article III of the Constitution of the
United States.
(b) Notification; publication
The Counsel shall notify the Joint Leadership Group of
any legal action or proceeding in which the Counsel is of
the opinion that intervention or appearance as amicus curiae
under subsection (a) of this section is in the interest of
the Senate. Such notification shall contain a description of
the legal action or proceeding together with the reasons
that the Counsel is of the opinion that intervention or
appearance as amicus curiae is in the interest of the
Senate. The Joint Leadership Group shall cause said
notification to be published in the Congressional Record for
the Senate.
(c) Powers and responsibilities of Congress
The Counsel shall limit any intervention or appearance
as amicus curiae in an action or proceeding to issues
relating to the powers and responsibilities of Congress.
(Pub.L. 95-521, Title VII, Sec. 706, Oct. 26, 1978, 92 Stat.
1880.)
359 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.)
360 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 Parliamentarian 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.)
361 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.)
362 Sec. 288i. Representation conflict or inconsistency.
(a) Notification
In the carrying out of the provisions of this chapter,
the Counsel shall notify the Joint Leadership Group, and any
party represented or person affected, of the existence and
nature of any conflict or inconsistency between the
representation of such party or person and the carrying out
of any other provision of this chapter or compliance with
professional standards and responsibilities.
(b) Solution; publication in Congressional Record; review
Upon receipt of such notification, the members of the
Joint Leadership Group shall recommend the action to be
taken to avoid or resolve the conflict or inconsistency. If
such recommendation is made by a two-thirds vote, the
Counsel shall take such steps as may be necessary to resolve
the conflict or inconsistency as recommended. If not, the
members of the Joint Leadership Group shall cause the
notification of conflict or inconsistency and recommendation
with respect to resolution thereof to be published in the
Congressional Record of the Senate. If the Senate does not
direct the Counsel within fifteen days from the date of
publication in the Record to resolve the conflict in another
manner, the Counsel shall take such action as may be
necessary to resolve the conflict or inconsistency as
recommended. Any instruction or determination made pursuant
to this subsection shall not be reviewable in any court of
law.
(c) Computation of period following publication
For purposes of the computation of the fifteen-day
period in subsection (b) of this section--
(1) continuity of session is broken only by
an adjournment of Congress sine die; and
(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.)
363 Sec. 288j. Consideration of resolutions to direct counsel.
(a) Procedure; rules
(1) A resolution introduced pursuant to section 288b of
this title shall not be referred to a committee, except as
otherwise required under section 288d(c) of this title. Upon
introduction, or upon being reported if required under
section 288d(c) of this title, whichever is later, it shall
at any time thereafter be in order (even though a previous
motion to the same effect has been disagreed to) to move to
proceed to the consideration of such resolution. A motion to
proceed to the consideration of a resolution shall be highly
privileged and not debatable. An amendment to such motion
shall not be in order, and it shall not be in order to move
to reconsider the vote by which such motion is agreed to.
(2) With respect to a resolution pursuant to section
288b(a) of this title, the following rules apply:
(A) If the motion to proceed to the
consideration of the resolution is agreed to,
debate thereon shall be limited to not more than
ten hours, which shall be divided equally
between, and controlled by, those favoring and
those opposing the resolution. A motion further
to limit debate shall not be debatable. No
amendment to the resolution shall be in order.
No motion to recommit the resolution shall be in
order, and it shall not be in order to
reconsider the vote by which the resolution is
agreed to.
(B) Motions to postpone, made with respect
to the consideration of the resolution, and
motions to proceed to the consideration of other
business, shall be decided without debate.
(C) All appeals from the decisions of the
Chair relating to the application of the rules
of the Senate to the procedure relating to the
resolution shall be decided without debate.
(b) ``Committee'' defined
For purposes of this chapter, other than section 288b of
this title, the term ``committee'' includes standing,
select, and special committees of the Senate established by
law or resolution.
(c) Rules of the Senate
The provisions of this section are enacted--
(1) as an exercise of the rulemaking power
of the Senate, and, as such, they shall be
considered as part of the rules of the Senate,
and such rules shall supersede any other rule of
the Senate only to the extent that rule is
inconsistent therewith; and
(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.)
364 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.)
365 Sec. 288l. Procedural provisions.
(a) Intervention or appearance
Permission to intervene as a party or to appear as
amicus curiae under section 288e of this title shall be of
right and may be denied by a court only upon an express
finding that such intervention or appearance is untimely and
would significantly delay the pending action or that
standing to intervene has not been established under section
2 of article III of the Constitution of the United States.
(b) Compliance with admission requirements
The Counsel, the Deputy Counsel, or any designated
Assistant Counsel or counsel specially retained by the
Office shall be entitled, for the purpose of performing his
functions under this chapter, to enter an appearance in any
proceeding before any court of the United States or of a
State or political subdivision thereof without compliance
with any requirement for admission to practice before such
court, except that the authorization conferred by this
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.)
366 Sec. 288m. Contingent fund.
The expenses of the Office shall be paid from the
contingent fund of the Senate in accordance with section
6503 of this title, and upon vouchers approved by the
Counsel. (Pub.L. 95-521, Title VII, Sec. 716, Oct. 26, 1978,
92 Stat. 1885.)
367 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
368 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.)
369 Sec. 352. Membership.
(1) The Commission shall be composed of 11 members, who
shall be appointed from private life, as follows:
(A) 2 appointed by the President of the
United States;
(B) 1 appointed by the President pro tempore
of the Senate, upon the recommendation of the
majority and minority leaders of the Senate;
(C) 1 appointed by the Speaker of the House
of Representatives;
(D) 2 appointed by the Chief Justice of the
United States; and
(E) 5 appointed by the Administrator of
General Services in accordance with paragraph
(4).
(2) No person shall serve as a member of the Commission
who is--
(A) an officer or employee of the Federal
Government;
(B) registered (or required to register)
under the Federal Regulation of Lobbying Act [2
U.S.C.A. Sec. 261 et seq.]; or
(C) a parent, sibling, spouse, child, or
dependent relative, of anyone under subparagraph
(A) or (B).
(3) The persons appointed under subparagraphs (A)
through (D) of paragraph (1) shall be selected without
regard to political affiliation, and should be selected from
among persons who have experience or expertise in such areas
as government, personnel management, or public
administration.
(4) The Administrator of General Services shall by
regulation establish procedures under which persons shall be
selected for appointment under paragraph (1)(E). Such
procedures--
(A) shall be designed in such a way so as to
provide for the maximum degree of geographic
diversity practicable among members under
paragraph (1)(E);
(B) shall include provisions under which
those members shall be chosen by lot from among
names randomly selected from voter registration
lists; and
(C) shall otherwise comply with applicable
provisions of this subsection.
(5) The chairperson shall be designated by the
President.
(6) A vacancy in the membership of the Commission shall
be filled in the manner in which the original appointment
was made.
(7) Each member of the Commission shall be paid at the
rate of $100 for each day such member is engaged upon the
work of the Commission and shall be allowed travel expenses,
including a per diem allowance, in accordance with section
5703 of Title 5, when engaged in the performance of services
for the Commission.
(8)(A) The terms of office of persons first appointed as
members of the Commission shall be for the period of the
1993 fiscal year of the Federal Government, and shall begin
not later than February 14, 1993.
(B) After the close of the 1993 fiscal year of the
Federal Government, persons shall be appointed as members of
the Commission with respect to every fourth fiscal year
following the 1993 fiscal year. The terms of office of
persons so appointed shall be for the period of the fiscal
year with respect to which the appointment is made, except
that, if any appointment is made after the beginning and
before the close of any such fiscal year, the term of office
based on such appointment shall be for the remainder of such
fiscal year.
(C)(i) Notwithstanding any provision of subparagraph (A)
or (B), members of the Commission may continue to serve
after the close of a fiscal year, if the date designated by
the President under section 357 of this title (relating to
the date by which the Commission is to submit its report to
the President) is subsequent to the close of such fiscal
year, and only if or to the extent necessary to allow the
Commission to submit such report.
(ii) Notwithstanding any provision of section 353 of
this title, authority under such subsection shall remain
available, after the close of a fiscal year, so long as
members of the Commission continue to serve. (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.)
370 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.)
371 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.)
372 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.)
373 Sec. 356. Functions.
The Commission shall conduct, in each of the respective
fiscal years referred to in subparagraphs (A) and (B) of
section 352(8) of this title, a review of the rates of pay
of--
(A) the Vice President of the United States,
Senators, Members of the House of
Representatives, the Resident Commissioner from
Puerto Rico, the Speaker of the House of
Representatives, the President pro tempore of
the Senate, and the majority and minority
leaders of the Senate and the House of
Representatives;
(B) offices and positions in the legislative
branch referred to in subsections (a), (b), (c),
and (d) of section 203 of the Federal
Legislative Salary Act of 1964 (78 Stat. 415;
Public Law 88-426);
(C) justices, judges, and other personnel in
the judicial branch referred to in section 403
of the Federal Judicial Salary Act of 1964 (78
Stat. 434; Public Law 88-426) except bankruptcy
judges, but including the judges of the United
States Court of Federal Claims;
(D) offices and positions under the
Executive Schedule in subchapter II of chapter
53 of Title 5; and
(E) the Governors of the Board of Governors
of the United States Postal Service appointed
under section 202 of Title 39.
Such review by the Commission shall be made for the purpose
of determining and providing--
(i) the appropriate pay levels and
relationships between and among the respective
offices and positions covered by such review,
and
(ii) the appropriate pay relationships
between such offices and positions and the
offices and positions subject to the provisions
of chapter 51 and subchapter III of chapter 53
of Title 5, relating to classification and
General Schedule pay rates.
In reviewing the rates of pay of the offices or positions
referred to in subparagraph (D) of this section, the
Commission shall determine and consider the appropriateness
of the executive levels of such offices and positions.
(Pub.L. 90-206, Title II, Sec. 255(f), Dec. 16, 1967, 81
Stat. 643; Pub.L. 91-375, Sec. 6(a), Aug. 12, 1970, 84 Stat.
775; Pub.L. 94-82, Title II Sec. 206(a), Aug. 9, 1975, 89
Stat. 423; Pub.L. 95-598, Title III, Sec. 301, Nov. 6, 1978,
92 Stat. 2673; Pub.L. 97-164, Title I, Sec. 143, Apr. 2,
1982, 96 Stat. 45; Pub.L. 99-190; Sec. 135(b), Dec. 19,
1985, 99 Stat. 1322; Pub.L. 100-202, Sec. 101(a) (Title IV,
Sec. 408(c)), Dec. 22, 1987, 101 Stat. 1329, 1329-27; Pub.L.
101-194, Title VII, Sec. 701(d), Nov. 30, 1989, 103 Stat.
1764; Pub.L. 102-572, Title IX, Sec. 902(b)(1), Oct. 29,
1992, 106 Stat. 4516.)
374 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.)
375 Sec. 358. Recommendations of President with respect to pay.
(1) After considering the report and recommendations of
the Commission submitted under section 357 of this title,
the President shall transmit to Congress his recommendations
with respect to the exact rates of pay, for offices and
positions within the purview of subparagraphs (A), (B), (C),
and (D) of section 356 of this title, which the President
considers to be fair and reasonable in light of the
Commission's report and recommendations, the prevailing
market value of the services rendered in the offices and
positions involved, the overall economic condition of the
country, and the fiscal condition of the Federal Government.
(2) The President shall transmit his recommendations
under this subsection to Congress on the first Monday after
January 3 of the first calendar year beginning after the
date on which the Commission submits its report and
recommendations to the President under section 357 of this
title. (Pub.L. 90-206, Sec. 225(h), Dec. 16, 1967, 81 Stat.
644; Pub.L. 99-190, Sec. 135(d), Dec. 19, 1985, 99 Stat.
1322; Pub.L. 101-194, Title VII, Sec. 701(f), Nov. 30, 1989,
103 Stat. 1765.)
376 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.)
377 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.)
378 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.
379 Sec. 362. Requirements applicable to recommendations.
Notwithstanding any other provision of this chapter, the
recommendations submitted by the Commission to the President
under section 357 of this title, and the recommendations
transmitted by the President to the Congress under section
358 of this title shall be in conformance with the
following:
(1) Any recommended pay adjustment shall
specify the date as of which it is proposed that
such adjustment take effect.
(2) The proposed effective date of a pay
adjustment may occur no earlier than January 1
of the second fiscal year, and not later than
December 31 next following the close of the
fifth fiscal year, beginning after the fiscal
year in which the Commission conducts its review
under section 356 of this title.
(3)(A)(i) The rates of pay recommended for
the Speaker of the House of Representatives, the
Vice President of the United States, and the
Chief Justice of the United States,
respectively, shall be equal.
(ii) The rates of pay recommended for the
majority and minority leaders of the Senate and
the House of Representatives, the President pro
tempore of the Senate, and each office or
position under section 5312 of Title 5 (relating
to level I of the Executive Schedule),
respectively, shall be equal.
(iii) The rates of pay recommended for a
Senator, a Member of the House of
Representatives, the Resident Commissioner from
Puerto Rico, a Delegate to the House of
Representatives, a judge of a district court of
the United States, a judge of the United States
Court of International Trade, and each office or
position under section 5313 of Title 5 (relating
to level II of the Executive Schedule),
respectively, shall be equal.
(B) Nothing in this subsection shall be
considered to require that the rate recommended
for any office or position by the President
under section 358 of this title be the same as
the rate recommended for such office or position
by the Commission under section 357 of this
title. (Pub.L. 90-206, Title II, Sec. 225(l), as
added Pub.L. 101-194, Title VII, Sec. 701(i),
Nov. 30, 1989, 103 Stat. 1766.)
380 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.)
381 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
382 Repealed (Pub.L. 104-186, Title II, Sec. 212(1)(A), (2),
Aug. 20, 1996, 110 Stat. 1745).
Chapter 14.--FEDERAL ELECTION CAMPAIGNS
Subchapter I.--Disclosure of Federal Campaign Funds
383 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
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;
(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 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
administrative personnel, if such membership
organization or corporation is not organized
primarily for the purpose of influencing the
nomination for election, or election, of any
individual to Federal office, except that
the costs incurred by a membership
organization (including a labor
organization) or by a corporation directly
attributable to a communication expressly
advocating the election or defeat of a
clearly identified candidate (other than a
communication primarily devoted to subjects
other than the express advocacy of the
election or defeat of a clearly identified
candidate), shall, if such costs exceed
$2,000 for any election, be reported to the
Commission in accordance with section
434(a)(4)(A)(i) of this title, and in
accordance with section 434(a)(4)(A)(ii) of
this title with respect to any general
election;
(iv) the payment by a State or local
committee of a political party of the costs
of preparation, display, or mailing or other
distribution incurred by such committee with
respect to a printed slate card or sample
ballot, or other printed listing, of 3 or
more candidates for any public office for
which an election is held in the State in
which such committee is organized, except
that this clause shall not apply to costs
incurred by such committee with respect to a
display of any such listing made on
broadcasting stations, or in newspapers,
magazines, or similar types of general
public political advertising;
(v) any payment made or obligation
incurred by a corporation or a labor
organization which, under section 441b(b) of
this title, would not constitute an
expenditure by such corporation or labor
organization;
(vi) any costs incurred by an authorized
committee or candidate in connection with
the solicitation of contributions on behalf
of such candidate, except that this clause
shall not apply with respect to costs
incurred by an authorized committee of a
candidate in excess of an amount equal to 20
percent of the expenditure limitation
applicable to such candidate under section
441a(b) of this title, but all such costs
shall be reported in accordance with section
434(b) of this title;
(vii) the payment of compensation for
legal or accounting services--
(I) rendered to or on behalf of
any political committee of a
political party if the person paying
for such services is the regular
employer of the individual rendering
such services, and if such services
are not attributable to activities
which directly further the election
of any designated candidate to
Federal office; or
(II) rendered to or on behalf of
a candidate or political committee
if the person paying for such
services is the regular employer of
the individual rendering such
services, and if such services are
solely for the purpose of ensuring
compliance with this Act or chapter
95 or chapter 96 of Title 26,
but amounts paid or incurred by the regular
employer for such legal or accounting
services shall be reported in accordance
with section 434(b) of this title by the
committee receiving such services;
(viii) the payment by a State or local
committee of a political party of the costs
of campaign materials (such as pins, bumper
stickers, handbills, brochures, posters,
party tabloids, and yard signs) used by such
committee in connection with volunteer
activities on behalf of nominees of such
party: Provided, That--
(1) such payments are not for
the costs of campaign materials or
activities used in connection with
any broadcasting, newspaper,
magazine, billboard, direct mail, or
similar type of general public
communication or political
advertising;
(2) such payments are made from
contributions subject to the
limitations and prohibitions of this
Act; and
(3) such payments are not made
from contributions designated to be
spent on behalf of a particular
candidate or particular candidates;
(ix) the payment by a State or local
committee of a political party of the costs
of voter registration and get-out-the-vote
activities conducted by such committee on
behalf of nominees of such party for
President and Vice President: Provided,
That--
(1) such payments are not for
the costs of campaign materials or
activities used in connection with
any broadcasting, newspaper,
magazine, billboard, direct mail, or
similar type of general public
communication or political
advertising;
(2) such payments are made from
contributions subject to the
limitations and prohibitions of this
Act; and
(3) such payments are not made
from contributions designated to be
spent on behalf of a particular
candidate or candidates; and
(x) payments received by a political
party committee as a condition of ballot
access which are transferred to another
political party committee or the appropriate
State official.
(10) The term ``Commission'' means the
Federal Election Commission.
(11) The term ``person'' includes an
individual, partnership, committee, association,
corporation, labor organization, or any other
organization or group of persons, but such term
does not include the Federal Government or any
authority of the Federal Government.
(12) The term ``State'' means a State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, or a territory or
possession of the United States.
(13) The term ``identification'' means--
(A) in the case of any individual, the
name, the mailing address, and the
occupation of such individual, as well as
the name of his or her employer; and
(B) in the case of any other person, the
full name and address of such person.
(14) The term ``national committee'' means
the organization which, by virtue of the bylaws
of a political party, is responsible for the
day-to-day operation of such political party at
the national level, as determined by the
Commission.
(15) The term ``State committee'' means the
organization which, by virtue of the bylaws of a
political party, is responsible for the day-to-
day operation of such political party at the
State level, as determined by the Commission.
(16) The term ``political party'' means an
association, committee, or organization which
nominates a candidate for election to any
Federal office whose name appears on the
election ballot as the candidate of such
association, committee, or organization.
(17) Independent expenditure.--The term
``independent expenditure'' means an expenditure
by a person--
(A) expressly advocating the election or
defeat of a clearly identified candidate;
and
(B) that is not made in concert or
cooperation with or at the request or
suggestion of such candidate, the
candidate's authorized political committee,
or their agents, or a political party
committee, or its agents.
(18) The term ``clearly identified'' means
that--
(A) the name of the candidate involved
appears;
(B) a photograph or drawing of the
candidate appears; or
(C) the identity of the candidate is
apparent by unambiguous reference.
(19) The term ``Act'' means the Federal
Election Campaign Act of 1971 as amended.
(20) Federal election activity--
(A) In general.--The term ``Federal
election activity'' means--
(i) voter registration activity
during the period that begins on the
date that is 120 days before the
date a regularly scheduled Federal
election is held and ends on the
date of the election;
(ii) voter identification, get-
out-the-vote activity, or generic
campaign activity conducted in
connection with an election in which
a candidate for Federal office
appears on the ballot (regardless of
whether a candidate for State or
local office also appears on the
ballot);
(iii) a public communication
that refers to a clearly identified
candidate for Federal office
(regardless of whether a candidate
for State or local office is also
mentioned or identified) and that
promotes or supports a candidate for
that office, or attacks or opposes a
candidate for that office
(regardless of whether the
communication expressly advocates a
vote for or against a candidate); or
(iv) services provided during
any month by an employee of a State,
district, or local committee of a
political party who spends more than
25 percent of that individual's
compensated 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);
(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
(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.)
384 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;
(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 committee, such political
committee shall not include the name of any candidate in its
name.
(5) The name of any separate segregated fund established
pursuant to section 441b(b) of this title shall include the
name of its connected organization.
(f) Filing with and receipt of designations, statements, and
reports by principal campaign committee
(1) Notwithstanding any other provision of this Act,
each designation, statement, or report of receipts or
disbursements made by an authorized committee of a candidate
shall be filed with the candidate's principal campaign
committee.
(2) Each principal campaign committee shall receive all
designations, statements, and reports required to be filed
with it under paragraph (1) and shall compile and file such
designations, statements, and reports in accordance with
this Act.
(g) Filing with and receipt of designations, statements, and
reports by Secretary of Senate; forwarding to
Commission; filing requirements with Commission; public
inspection and preservation of designations, etc.
(1) Designations, statements, and reports required to be
filed under this Act by a candidate for the office of
Senator, by the principal campaign committee of such
candidate, and by the Republican and Democratic Senatorial
Campaign Committees shall be filed with the Secretary of the
Senate, who shall receive such designations, statements, and
reports, as custodian for the Commission.
(2) The Secretary of the Senate shall forward a copy of
any designation, statement, or report filed with the
Secretary under this subsection to the Commission as soon as
possible (but no later than 2 working days) after receiving
such designation, statement, or report.
(3) All designations, statements, and reports required
to be filed under this Act, except designations, statements,
and reports filed in accordance with paragraph (1), shall be
filed with the Commission.
(4) The Secretary of the Senate shall make the
designations, statements, and reports received under this
subsection available for public inspection and copying in
the same manner as the Commission under section 438(a)(4) of
this title, and shall preserve such designations,
statements, and reports in the same manner as the Commission
under section 438(a)(5) of this title.
(h) Campaign depositories; designations, maintenance of
accounts, etc.; petty cash fund for disbursements;
record of disbursements
(1) Each political committee shall designate one or more
State banks, federally chartered depository institutions, or
depository institutions the deposits or accounts of which
are insured by the Federal Deposit Insurance Corporation,
the Federal Savings and Loan Insurance Corporation, or the
National Credit Union Administration, as its campaign
depository or depositories. Each political committee shall
maintain at least one checking account and such other
accounts as the committee determines at a depository
designated by such committee. All receipts received by such
committee shall be deposited in such accounts. No
disbursements may be made (other than petty cash
disbursements under paragraph (2)) by such committee except
by check drawn on such accounts in accordance with this
section.
(2) A political committee may maintain a petty cash fund
for disbursements not in excess of $100 to any person in
connection with a single purchase or transaction. A record
of all petty cash disbursements shall be maintained in
accordance with subsection (c)(5) of this section.
(i) Reports and records, compliance with requirements based
on best efforts
When the treasurer of a political committee shows that
best efforts have been used to obtain, maintain, and submit
the information required by this Act for the political
committee, any report or any records of such committee shall
be considered in compliance with this Act or chapter 95 or
chapter 96 of Title 26. (Pub.L. 92-225, Sec. 302, Feb. 7,
1972, 86 Stat. 12; Pub.L. 93-443, Sec. Sec. 202, 208(c)(2),
Oct. 15, 1974, 88 Stat. 1275, 1286; Pub.L. 94-283, Sec. 103,
May 11, 1976, 90 Stat. 480; Pub.L. 96-187, Title I,
Sec. 102, Jan. 8, 1980, 93 Stat. 1345; Pub.L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub.L. 104-79,
Sec. Sec. 1(b), 3(a), Dec. 28, 1995, 109 Stat. 791, 792;
Pub.L. 105-61, Title VI, Sec. 637, Oct. 10, 1997, 111 Stat.
1316; Pub.L. 108-447, Div. H, Title V, Sec. 525, Dec. 8,
2004, 118 Stat. 3271.)
385 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, 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.)
386 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--
(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;
(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 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 nomination for election, in special
elections and political committees filing under paragraph
(4)(A) which make contributions to or expenditures on behalf
of a candidate or candidates in special elections. The
Commission shall require no more than one pre-election
report for each election and one post-election report for
the election which fills the vacancy. The Commission may
waive any reporting obligation of committees required to
file for special elections if any report required by
paragraph (2) or (4) is required to be filed within 10 days
of a report required under this subsection. The Commission
shall establish the reporting dates within 5 days of the
setting of such election and shall publish such dates and
notify the principal campaign committees of all candidates
in such election of the reporting dates.
(10) The treasurer of a committee supporting a candidate
for the office of Vice President (other than the nominee of
a political party) shall file reports in accordance with
paragraph (3).
(11)(A) The Commission shall promulgate a regulation
under which a person required to file a designation,
statement, or report under this Act--
(i) is required to maintain and file a
designation, statement, or report for any
calendar year in electronic form accessible by
computers if the person has, or has reason to
expect to have, aggregate contributions or
expenditures in excess of a threshold amount
determined by the Commission; and
(ii) may maintain and file a designation,
statement, or report in electronic form or an
alternative form if not required to do so, under
the regulation promulgated under clause (i).
(B) The Commission shall make a designation, statement,
report, or notification that is filed with the Commission
under this Act available for inspection by the public in the
offices of the Commission and accessible to the public on
the Internet not later than 48 hours (or not later than 24
hours in the case of a designation, statement, report or
notification filed electronically) after receipt by the
Commission.
(C) In promulgating a regulation under this paragraph,
the Commission shall provide methods (other than requiring a
signature on the document being filed) for verifying
designations, statements, and reports covered by the
regulation. Any document verified under any of the methods
shall be treated for all purposes (including penalties for
perjury) in the same manner as a document verified by
signature.
(D) As used in this paragraph, the term ``report''
means, with respect to the Commission, a report,
designation, or statement required by this Act to be filed
with the Commission.
(12) Software for filing of reports
(A) In general.--The Commission shall--
(i) promulgate standards to be used by
vendors to develop software that--
(I) permits candidates to easily
record information concerning
receipts and disbursements required
to be reported under this Act at the
time of the receipt or disbursement;
(II) allows the information
recorded under subclause (I) to be
transmitted immediately to the
Commission; and
(III) allows the Commission to
post the information on the Internet
immediately upon receipt; and
(ii) make a copy of software that meets
the standards promulgated under clause (i)
available to each person required to file a
designation, statement, or report in
electronic form under this Act.
(B) Additional information.--To the extent
feasible, the Commission shall require vendors
to include in the software developed under the
standards under subparagraph (A) the ability for
any person to file any designation, statement,
or report required under this Act in electronic
form.
(C) Required use.--Notwithstanding any
provision of this Act relating to times for
filing reports, each candidate for Federal
office (or that candidate's authorized
committee) shall use software that meets the
standards promulgated under this paragraph once
such software is made available to such
candidate.
(D) Required posting.--The Commission shall,
as soon as practicable, post on the Internet any
information received under this paragraph.
(b) Contents of reports
Each report under this section shall disclose--
(1) the amount of cash on hand at the
beginning of the reporting period;
(2) for the reporting period and the
calendar year (or election cycle, in the case of
an authorized committee of a candidate for
Federal office), the total amount of all
receipts, and the total amount of all receipts
in the following categories:
(A) contributions from persons other
than political committees;
(B) for an authorized committee,
contributions from the candidate;
(C) contributions from political party
committees;
(D) contributions from other political
committees;
(E) for an authorized committee,
transfers from other authorized committees
of the same candidate;
(F) transfers from affiliated committees
and, where the reporting committee is a
political party committee, transfers from
other political party committees, regardless
of whether such committees are affiliated;
(G) for an authorized committee, loans
made by or guaranteed by the candidate;
(H) all other loans;
(I) rebates, refunds, and other offsets
to operating expenditures;
(J) dividends, interest, and other forms
of receipts; and
(K) for an authorized committee of a
candidate for the office of President,
Federal funds received under chapter 95 and
chapter 96 of Title 26;
(3) the identification of each--
(A) person (other than a political
committee) who makes a contribution to the
reporting committee during the reporting
period, whose contribution or contributions
have an aggregate amount or value in excess
of $200 within the calendar year, or in any
lesser amount if the reporting committee
should so elect, together with the date and
amount of any such contribution;
(B) political committee which makes a
contribution to the reporting committee
during the reporting period, together with
the date and amount of any such
contribution;
(C) authorized committee which makes a
transfer to the reporting committee;
(D) affiliated committee which makes a
transfer to the reporting committee during
the reporting period and, where the
reporting committee is a political party
committee, each transfer of funds to the
reporting committee from another political
party committee, regardless of whether such
committees are affiliated, together with the
date and amount of such transfer;
(E) person who makes a loan to the
reporting committee during the reporting
period, together with the identification of
any endorser or guarantor of such loan, and
the date and amount or value of such loan;
(F) person who provides a rebate,
refund, or other offset to operating
expenditures to the reporting committee in
an aggregate amount or value in excess of
$200 within the calendar year (or election
cycle, in the case of an authorized
committee of a candidate for Federal
office), together with the date and amount
of any such receipt;
(4) for the reporting period and the
calendar year (or election cycle, in the case of
an authorized committee of candidate for Federal
office), the total amount of all disbursements,
and all disbursements in the following
categories:
(A) expenditures made to meet candidate
or committee operating expenses;
(B) for authorized committees, transfers
to other committees authorized by the same
candidate;
(C) transfers to affiliated committees
and, where the reporting committee is a
political party committee, transfers to
other political party committees, regardless
of whether they are affiliated;
(D) for an authorized committee,
repayment of loans made by or guaranteed by
the candidate;
(E) repayment of all other loans;
(F) contribution refunds and other
offsets to contributions;
(G) for an authorized committee, any
other disbursements;
(H) for any political committee other
than an authorized committee--
(i) contributions made to other
political committees;
(ii) loans made by the reporting
committees;
(iii) independent expenditures;
(iv) expenditures made under
section 441a(d) of this title; and
(v) any other disbursements; and
(I) for an authorized committee of a
candidate for the office of President,
disbursements not subject to the limitation
of section 441a(b) of this title;
(5) the name and address of each--
(A) person to whom an expenditure in an
aggregate amount or value in excess of $200
within the calendar year is made by the
reporting committee to meet a candidate or
committee operating expense, together with
the date, amount, and purpose of such
operating expenditure;
(B) authorized committee to which a
transfer is made by the reporting committee;
(C) affiliated committee to which a
transfer is made by the reporting committee
during the reporting period and, where the
reporting committee is a political party
committee, each transfer of funds by the
reporting committee to anther political
party committee, regardless of whether such
committees are affiliated, together with the
date and amount of such transfers;
(D) person who receives loan repayment
from the reporting committee during the
reporting period, together with the date and
amount of such loan repayment; and
(E) person who receives a contribution
refund or other offset to contributions from
the reporting committee where such
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 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.
(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.
(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;
(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 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 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--
(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.)
387 Sec. 435. Repealed (Pub.L. 96-187, Title I, Sec. 105(1),
Jan. 8, 1980, 93 Stat. 1354).
388 Sec. 436. Repealed (Pub.L. 96-187, Title I, Sec. 105(1),
Jan. 8, 1980, 93 Stat. 1354).
389
Sec. 437. Reports on convention financing.
Each committee or other organization which--
(1) represents a State, or a political
subdivision thereof, or any group of persons, in
dealing with officials of a national political
party with respect to matters involving a
convention held in such State or political
subdivision to nominate a candidate for the
office of President or Vice President, or
(2) represents a national political party in
making arrangements for the convention of such
party held to nominate a candidate for the
office of President or Vice President,
shall, within 60 days following the end of the convention
(but not later than 20 days prior to the date on which
presidential and vice presidential electors are chosen),
file with the Commission a full and complete financial
statement, in such form and detail as it may prescribe, of
the sources from which it derived its funds, and the
purposes for which such funds were expended. (Pub.L. 92-225,
Sec. 305, formerly Sec. 307, Feb. 7, 1972, 86 Stat. 16;
Pub.L. 93-443, Sec. 208(c)(6), Oct. 15, 1974, 88 Stat. 1286;
Pub.L. 96-187, Title I, Sec. Sec. 105(2), 112a, Jan. 8,
1980, 93 Stat. 1354, 1366.)
390 Sec. 437a. Repealed (Pub.L. 94-283, Title I, Sec. 105, May
11, 1976, 90 Stat. 481).
391 Sec. 437b. Repealed (Pub.L. 97-187, Title I, Sec. 105(1),
Jan. 8, 1980, 93 Stat. 1354).
392
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
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 (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.)
393 Sec. 437d. Powers of Commission.
(a) Specific authorities
The Commission has the power--
(1) to require by special or general orders,
any person to submit, under oath, such written
reports and answers to questions as the
Commission may prescribe;
(2) to administer oaths or affirmations;
(3) to require by 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 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.)
394 Sec. 437e. Repealed (Pub.L. 96-187, Title I, Sec. 105(1),
Jan. 8, 1980, 93 Stat. 1354).
395 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 transaction or activity with respect to
which such advisory opinion is rendered.
(2) Notwithstanding any other provisions of law, any
person who relies upon any provision or finding of an
advisory opinion in accordance with the provisions of
paragraph (1) and who acts in good faith in accordance with
the provisions and findings of such advisory opinion shall
not, as a result of any such act, be subject to any sanction
provided by this Act or by chapter 95 or chapter 96 of Title
26.
(d) Requests made public; submission of written comments by
interested public
The Commission shall make public any request made under
subsection (a) for an advisory opinion. Before rendering an
advisory opinion, the Commission shall accept written
comments submitted by any interested party within the 10-day
period following the date the request is made public.
(Pub.L. 92-225, Title III, Sec. 308, formerly Sec. 313, as
added Pub.L. 93-443, Title II, Sec. 208(a), Oct. 15, 1974,
88 Stat. 1283, renumbered Sec. 312 and amended Pub.L. 94-
283, Title I, Sec. Sec. 105, 108(a), May 11, 1976, 90 Stat.
481, 482, renumbered Sec. 308 and amended Pub.L. 96-187,
Title I, Sec. Sec. 105(4), 107(a), Jan. 8, 1980, 93 Stat.
1354, 1357; Pub.L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.
2095.)
396 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 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 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.
(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.
(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
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.)
397 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.)
398 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;
(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.
(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)-(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.)
399 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 statements that are filed
with the Commission. (Pub.L. 92-225, Title III, Sec. 312,
formerly Sec. 309, Feb. 7, 1972, 86 Stat. 18, renumbered
Sec. 317 and amended Pub.L. 93-443, Title II, Sec. 208(a),
(c) (11), Oct. 15, 1974, 88 Stat. 1279, 1287, renumbered
Sec. 316, Pub.L. 94-283, Title I, Sec. 105, May 11, 1976, 90
Stat. 481, renumbered Sec. 312 and amended Pub.L. 96-187,
Title I, Sec. Sec. 105(4), 110, Jan. 8, 1980, 93 Stat. 1354,
1364; Pub.L. 104-79, Sec. 2, Dec. 28, 1995, 109 Stat. 791.)
400 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--
(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 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.)
402
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
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, 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 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.
(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 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--
(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
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.)
403 Sec. 441b. Contributions or expenditures by national banks,
corporations, or labor organizations.
(a) It is unlawful for any national bank, or any
corporation organized by authority of any law of Congress,
to make a contribution or expenditure in connection with any
election to any political office, or in connection with any
primary election or political convention or caucus held to
select candidates for any political office, or for any
corporation whatever, or any labor organization, to make a
contribution or expenditure in connection with any election
at which presidential and vice presidential electors or a
Senator or Representative in, or a Delegate or Resident
Commissioner to, Congress are to be voted for, or in
connection with any primary election or political convention
or caucus held to select candidates for any of the foregoing
offices, or for any candidate, political committee, or other
person knowingly to accept or receive any contribution
prohibited by this section, or any officer or any director
of any corporation or any national bank or any officer of
any labor organization to consent to any contribution or
expenditure by the corporation, national bank, or labor
organization, as the case may be, prohibited by this
section.
(b)(1) For the purposes of this section the term ``labor
organization'' means any organization of any kind, or any
agency or employee representation committee or plan, in
which employees participate and which exists for the
purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, rates of pay,
hours of employment, or conditions of work.
(2) For purposes of this section and section 12(h) of
the Public Utility Holding Company Act (15 U.S.C. 791(h)),
the term ``contribution or expenditure'' 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
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 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.
(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.)
404 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.)
405 Sec. 441d. Publication and distribution of statements and
solicitations; charge for newspaper or magazine space.
(a) Whenever a political committee makes a disbursement
for the purpose of financing any communication through any
broadcasting station, newspaper, magazine, outdoor
advertising facility, mailing, or any other type of general
public political advertising, or whenever any person makes a
disbursement for the purpose of financing communications
expressly advocating the election or defeat of a clearly
identified candidate, or solicits any contribution through
any broadcasting station, newspaper, magazine, outdoor
advertising facility, mailing, or any other type of general
public political advertising or makes a disbursement for an
electioneering communication (as defined in section
434(f)(3)), such communication--
(1) if paid for and authorized by a
candidate, an authorized political committee of
a candidate, or its agents, shall clearly state
that the communication has been paid for by such
authorized political committee, or
(2) if paid for by other persons but
authorized by a candidate, an authorized
political committee of a candidate, or its
agents, shall clearly state that the
communication is paid for by such other persons
and authorized by such authorized political
committee;
(3) if not authorized by a candidate, an
authorized political committee of a candidate,
or its agents, shall clearly state the name and
permanent street address, telephone number, or
World Wide Web address of the person who paid
for the communication and state that the
communication is not authorized by any candidate
or candidate's committee.
(b) No person who sells space in a newspaper or magazine
to a candidate or to the agent of a candidate, for use in
connection with such candidate's campaign, may charge any
amount for such space which exceeds the amount charged for
comparable use of such space for other purposes.
(c) Specification
Any printed communication described in subsection (a)
shall--
(1) be of sufficient type size to be clearly readable by
the recipient of the communication;
(2) be contained in a printed box set apart from the
other contents of the communication; and
(3) be printed with a reasonable degree of color
contrast between the background and the printed statement.
(d) Additional requirements
(1) Communications by candidates or authorized persons--
(A) By radio.--Any communication described
in paragraph (1) or (2) of subsection (a) which
is transmitted through radio shall include, in
addition to the requirements of that paragraph,
an audio statement by the candidate that
identifies the candidate and states that the
candidate has approved the communication.
(B) By television.--Any communication
described in paragraph (1) or (2) of subsection
(a) which is transmitted through television
shall include, in addition to the requirements
of that paragraph, a statement that identifies
the candidate and states that the candidate has
approved the communication. Such statement--
(i) shall be conveyed by--
(I) an unobscured, full-screen
view of the candidate making the
statement, or
(II) the candidate in voice-
over, accompanied by a clearly
identifiable photographic or similar
image of the candidate; and
(ii) shall also appear in writing at the
end of the communication in a clearly
readable manner with a reasonable degree of
color contrast between the background and
printed statements, for a period of at least
4 seconds.
(2) Communications by others.--Any communication
described in paragraph (3) of subsection (a) which is
transmitted through radio or television shall include, in
addition to the requirements of that paragraph, in a clearly
spoken manner, the following audio statement: ``___ is
responsible for the content of this advertising'' (with the
blank to be filled in with the name of the political
committee or other person paying for the communication and
the name of any connected organization of the payor). If
transmitted through television, the statement shall be
conveyed by an unobscured, full-screen view of a
representative of the political committee or other person
making the statement, or by a representative of such
political committee or other person in voice-over, and shall
also appear in a clearly readable manner with a reasonable
degree of color contrast between the background and the
printed statement, for a period of at least 4 seconds.
(Pub.L. 92-225, Title III, Sec. 318, formerly Sec. 323, as
added Pub.L. 94-283, Title I, Sec. 112(2), May 11, 1976, 90
Stat. 493, renumbered and amended Pub.L. 96-187, Title I,
Sec. Sec. 105(5), 111, Jan. 8, 1980, 93 Stat. 1354, 1365;
Pub.L. 107-155, Sec. 311, Mar. 27, 2002, 116 Stat. 105.)
406 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.)
407 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.)
408 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.)
409 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.)
410 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 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 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
(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.)
411 Sec. 441j. Repealed (Pub.L. 96-187, Title I, Sec. 105(1),
Jan. 8, 1980, 93 Stat. 1354).
412 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.)
413 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
414 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.
415 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 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.)
416 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.)
417 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.)
418 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.)
419 Sec. 456. Repealed (Pub.L. 94-283, Title I, Sec. 111, May
11, 1976, 90 Stat. 486).
Chapter 15--OFFICE OF TECHNOLOGY ASSESSMENT
420 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.)
421 Sec. 472. Office of Technology Assessment.
(a) Creation
In accordance with the findings and declaration of
purpose in section 471 of this title, there is hereby
created the Office of Technology Assessment (hereinafter
referred to as the ``Office'') which shall be within and
responsible to the legislative branch of the Government.
(b) Composition
The Office shall consist of a Technology Assessment
Board (hereinafter referred to as the ``Board'') which shall
formulate and promulgate the policies of the Office, and a
Director who shall carry out such policies and administer
the operations of the Office.
(c) Functions and duties
The basic function of the Office shall be to provide
early indications of the probable beneficial and adverse
impacts of the applications of technology and to develop
other coordinate information which may assist the Congress.
In carrying out such function, the Office shall:
(1) identify existing or probable impacts of
technology or technological programs;
(2) where possible, ascertain cause-and-
effect relationships;
(3) identify alternative technological
methods of implementing specific programs;
(4) identify alternative programs for
achieving requisite goals;
(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.)
422 Sec. 473. Technology Assessment Board.
(a) Membership
The Board shall consist of thirteen members as follows:
(1) six Members of the Senate, appointed by
the President pro tempore of the Senate, three
from the majority party and three from the
minority party;
(2) six Members of the House of
Representatives appointed by the Speaker of the
House of Representatives, three from the
majority party and three from the minority
party; and
(3) the Director, who shall not be a voting
member.
(b) Execution of functions during vacancies; filling of
vacancies
Vacancies in the membership of the Board shall not
affect the power of the remaining members to execute the
functions of the Board and shall be filled in the same
manner as in the case of the original appointment.
(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.)
423 Sec. 474. Director of Office of Technology Assessment.
(a) Appointment; term; compensation
The Director of the Office of Technology Assessment
shall be appointed by the Board and shall serve for a term
of six years unless sooner removed by the Board. He shall
receive basic pay at the rate provided for level III of the
Executive Schedule under section 5314 of Title 5.
(b) Powers and duties
In addition to the powers and duties vested in him by
this Act, the Director shall exercise such powers and duties
as may be delegated to him by the Board.
(c) Deputy Director; appointment; functions; compensation
The Director may appoint with the approval of the Board,
a Deputy Director who shall perform such functions as the
Director may prescribe and who shall be Acting Director
during the absence or incapacity of the Director or in the
event of a vacancy in the office of Director. The Deputy
Director shall receive basic pay at the rate provided for
level IV of the Executive Schedule under section 5315 of
Title 5.
(d) Restrictions on outside employment activities of
Director and Deputy Director
Neither the Director nor the Deputy Director shall
engage in any other business, vocation, or employment than
that of serving as such 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.)
424 Sec. 475. Powers of Office of Technology Assessment.
(a) Use of public and private personnel and organizations;
formation of special ad hoc task forces; contracts with
governmental, etc., agencies and instrumentalities;
advance, progress, and other payments; utilization of
services of voluntary and uncompensated personnel;
acquisition, holding, and disposal of real and personal
property; promulgation of rules and regulations
The Office shall have the authority, within the limits
of available appropriations, to do all things necessary to
carry out the provisions of this chapter, including, but
without being limited to, the authority to--
(1) make full use of competent personnel and
organizations outside the Office, public or
private, and form special ad hoc task forces or
make other arrangements when appropriate;
(2) enter into contracts or other
arrangements as may be necessary for the conduct
of the work of the Office with any agency or
instrumentality of the United States, with any
State, territory, or possession or any political
subdivision thereof, or with any person, firm,
association, corporation, or educational
institution, with or without reimbursement,
without performance or other bonds, and without
regard to section 5 of title 41;
(3) make advance, progress, and other
payments which relate to technology assessment
without regard to the provisions of section
3324(a) and (b) of title 31;
(4) accept and utilize the services of
voluntary and uncompensated personnel necessary
for the conduct of the work of the Office and
provide transportation and subsistence as
authorized by section 5703 of Title 5, for
persons serving without compensation;
(5) acquire by purchase, lease, loan, or
gift, and hold and dispose of by sale, lease, or
loan, real and personal property of all kinds
necessary for or resulting from the exercise of
authority granted by this chapter; and
(6) prescribe such rules and regulations as
it deems necessary governing the operation and
organization of the Office.
(b) Recordkeeping by contractors and other parties entering
into contracts and other arrangements with Office;
availability of books and records to Office and
Comptroller General for audit and examination
Contractors and other parties entering into contracts
and other arrangements under this section which involve
costs to the Government shall maintain such books and
related records as will facilitate an effective audit in
such detail and in such manner as shall be prescribed by the
Office, and such books and records (and related documents
and papers) shall be available to the Office and the
Comptroller General 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.)
425 Sec. 476. Technology Assessment Advisory Council.
(a) Establishment; composition
The Office shall establish a Technology Assessment
Advisory Council (hereinafter referred to as the
``Council''). The Council shall be composed of the following
twelve members:
(1) ten members from the public, to be
appointed by the Board, who shall be persons
eminent in one or more fields of the physical,
biological, or social sciences or engineering or
experienced in the administration of
technological activities, or who may be judged
qualified on the basis of contributions made to
educational or public activities;
(2) the Comptroller General; and
(3) the Director of the Congressional
Research Service of the Library of Congress.
(b) Duties
The Council, upon request by the Board, shall--
(1) review and make recommendations to the
Board on activities undertaken by the Office or
on the initiation thereof in accordance with
section 472(d) of this title;
(2) review and make recommendations to the
Board on the findings of any assessment made by
or for the Office; and
(3) undertake such additional related tasks
as the Board may direct.
(c) Chairman and Vice Chairman; election by Council from
members appointed from public; terms and conditions of
service
The Council, by majority vote, shall elect from its
members appointed under subsection (a)(1) of this section a
Chairman and a Vice Chairman, who shall serve for such time
and under such conditions as the Council may prescribe. In
the absence of the Chairman, or in the event of his
incapacity, the Vice Chairman shall act as Chairman.
(d) Terms of office of members appointed from public;
reappointment
The term of office of each member of the Council
appointed under subsection (a)(1) shall be four years except
that any such member appointed to fill a vacancy occurring
prior to the expiration of the term for which his
predecessor was appointed shall be appointed for the
remainder of such term. No person shall be appointed a
member of the Council under subsection (a)(1) of this
section more than twice. Terms of the members appointed
under subsection (a)(1) of this section shall be staggered
so as to establish a rotating membership according to such
method as the Board may devise.
(e) Payment to Comptroller General and Director of
Congressional Research Service of travel and other
necessary expenses; payment to members appointed from
public of compensation and reimbursement for travel,
subsistence, and other necessary expenses
(1) The members of the Council other than those
appointed under subsection (a)(1) of this section shall
receive no pay for their services as members of the Council,
but shall be allowed necessary travel expenses (or, in the
alternative, mileage for use of privately owned vehicles and
payments when traveling on official business at not to
exceed the payment prescribed in regulations implementing
section 5702 and in 5704 of Title 5), and other necessary
expenses incurred by them in the performance of duties
vested in the Council, without regard to the provisions of
subchapter 1 of chapter 57 and section 5731 of Title 5, and
regulations promulgated thereunder.
(2) The members of the Council appointed under
subsection (a)(1) of this section shall receive compensation
for each day engaged in the actual performance of duties
vested in the Council at rates of pay not in excess of the
daily equivalent of the highest rate of basic pay set forth
in the General Schedule of section 5332(a) of Title 5, and
in addition shall be reimbursed for travel, subsistence, and
other necessary expenses in the manner provided for other
members of the Council under paragraph (1) of this
subsection. (Pub.L. 92-484, Sec. 7, Oct. 13, 1972, 86 Stat.
800; Pub.L. 99-234, Title I, Sec. 107(a), Jan. 2, 1986, 99
Stat. 1759.)
(The Federal Advisory Committee Act (5 U.S.C. App.) provides
that each advisory committee in existence on October 6, 1972
shall terminate not later than October 6, 1974 unless its
duration is otherwise provided for in law.)
426 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.)
427 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.
(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.)
428 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.)
429 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.
430 Sec. 481. Authorization of appropriations; availability of
appropriations.
(a) To enable the Office to carry out its powers and
duties, there is hereby authorized to be appropriated to the
Office, out of any money in the Treasury not otherwise
appropriated, not to exceed $5,000,000 in the aggregate for
the two fiscal years ending June 30, 1973, and June 30,
1974, and thereafter such sums as may be necessary.
(b) Appropriations made pursuant to the authority
provided in subsection (a) shall remain available for
obligation, for expenditure, or for obligation and
expenditure for such period or periods as may be specified
in the chapter making such appropriations. (Oct. 13, 1972,
Pub.L. 92-484, Sec. 12, 86 Stat. 803.)
Chapter 16.--CONGRESSIONAL MAILING STANDARDS
431 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 jurisdiction to entertain any civil
action of any character concerning or related to a violation
of the franking laws or an abuse of the franking privilege
by any person listed under subsection (a) of this section as
entitled to send mail as franked mail, until a complaint has
been filed with the select committee and the committee has
rendered a decision under subsection (b) of this section.
(d) Administrative procedure regulations
The select committee shall prescribe regulations for the
holding of investigations and hearings, the conduct of
proceedings, and the rendering of decisions under this
subsection providing for equitable procedures and the
protection of individual, public, and Government interests.
The regulations shall, insofar as practicable, contain the
substance of the administrative procedure provisions of
sections 551-559 and 701-706, of Title 5. These regulations
shall govern matters under this subsection subject to
judicial review thereof.
(e) Property of Senate; records of select committee; voting
record; location of records, data, and files
The select committee shall keep a complete record of all
its actions, including a record of the votes on any question
on which a record vote is demanded. All records, data, and
files of the select committee shall be the property of the
Senate and shall be kept in the offices of the select
committee or such other places as the committee may direct.
(Dec. 18, 1973, Pub.L. 93-191, Sec. 6, 87 Stat. 744; amended
Mar. 27, 1974, Pub.L. 93-255, Sec. 3(b), 88 Stat. 52.)
432 Sec. 503. Official mail of persons entitled to use the
congressional frank.
(a) Congressional committee regulations for expenditure of
appropriations for official mail
Except as otherwise provided in this section, funds
appropriated by this Act or any other Act for expenses of
official mail of any person entitled to use the
congressional frank may be expended only in accordance with
regulations prescribed by the Committee on Rules and
Administration of the Senate or the Committee on House
Oversight of the House of Representatives, as applicable.
Such regulations shall require--
(1) individual accountability for use of
official mail by each person entitled to use the
congressional frank;
(2)(A) with respect to the House of
Representatives, allocation of funds for
official mail to be made to each such person
with respect to each session of Congress (with
no transfer to any other session or to any other
such person); and
(B) with respect to the Senate, allocation
of funds for official mail to be made to each
such person with respect to each session of
Congress (with no transfer to any other session,
other than transfers from the first session of a
Congress to the second session of that Congress,
or to any other such person); and
(3) with respect to the House of
Representatives, that in addition to any other
report or information made available to the
public (through the House Commission on
Congressional Mailing Standards or otherwise)
regarding the use of the frank, the Chief
Administrative Officer of the House of
Representatives shall include in the quarterly
report of receipts and expenditures submitted to
the House of Representatives a statement (based
solely on data provided for that purpose by the
Committee on House Oversight of the House of
Representatives and the House Commission on
Congressional Mailing Standards) of costs
incurred for official mail by each person
entitled to use the congressional frank.
(b) Postmaster General functions
The Postmaster General, in consultation with the
Committee on Rules and Administration of the Senate and the
Committee on House Oversight of the House of
Representatives--
(1) shall monitor use of official mail by
each person entitled to use the congressional
frank;
(2) at least monthly, shall notify any
person with an allocation under subsection
(a)(2)(A) of this section as to the amount that
has been used and any person with an allocation
under subsection (a)(2)(B) of this section as to
the percentage of the allocation that has been
used; and
(3) may not carry or deliver official mail
the cost of which is in excess of an allocation
under subsection (a)(2) of this section.
(c) Source of funds for expenses of official mail
Expenses of official mail of the Senate and the House of
Representatives may be paid only from funds specifically
appropriated for that purpose and funds so appropriated--
(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--
(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. 105-275,
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.)
CODIFICATION
Section was formerly classified to section 59e of this
title prior to editorial reclassification and renumbering as
this section.
433 Sec. 504. 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.)
CODIFICATION
Section was formerly classified to section 59f of this
title prior to editorial reclassification and renumbering as
this section.
434 Sec. 505. 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.)
CODIFICATION
Section was formerly classified to section 59g of this
title prior to editorial reclassification and renumbering as
this section.
Chapter 17.--CONGRESSIONAL BUDGET OFFICE
435 Sec. 601. Establishment.
(a) In general
(1) There is established an office of the Congress to be
known as the Congressional Budget Office (hereinafter in
this chapter referred to as the ``Office''). The Office
shall be headed by a Director; and there shall be a Deputy
Director who shall perform such duties as may be assigned to
him by the Director and, during the absence or incapacity of
the Director or during a vacancy in that office, shall act
as Director.
(2) The Director shall be appointed by the Speaker of
the House of Representatives and the President pro tempore
of the Senate after considering recommendations received
from the Committees on the Budget of the House and the
Senate, without regard to political affiliation and solely
on the basis of his fitness to perform his duties. The
Deputy Director shall be appointed by the Director.
(3) The term of office of the Director shall be 4 years
and shall expire on January 3 of the year preceding each
Presidential election. Any individual appointed as Director
to fill a vacancy prior to the expiration of a term shall
serve only for the unexpired portion of that term. An
individual serving as Director at the expiration of a term
may continue to serve until his successor is appointed. Any
Deputy Director shall serve until the expiration of the term
of office of the Director who appointed him (and until his
successor is appointed), unless sooner removed by the
Director.
(4) The Director may be removed by either House by
resolution.
(5) (A) The Director shall receive compensation at an
annual rate of pay that is equal to the lower of--
(i) the highest annual rate of compensation
of any officer of the Senate; or
(ii) the highest annual rate of compensation
of any officer of the House of Representatives.
(B) The Deputy Director shall receive compensation at an
annual rate of pay that is $1,000 less than the annual rate
of pay received by the Director, as determined under
subparagraph (A).
(b) Personnel
The Director shall appoint and fix the compensation of
such personnel as may be necessary to carry out the duties
and functions of the Office. All personnel of the Office
shall be appointed without regard to political affiliation
and solely on the basis of their fitness to perform their
duties. The Director may prescribe the duties and
responsibilities of the personnel of the Office, and
delegate to them authority to perform any of the duties,
powers, and functions imposed on the Office or on the
Director. For purposes of pay (other than pay of the
Director and Deputy Director) and employment benefits,
rights, and privileges, all personnel of the Office shall be
treated as if they were employees of the House of
Representatives.
(c) Experts and consultants
In carrying out the duties and functions of the Office,
the Director may procure the temporary (not to exceed one
year) or intermittent services of experts or consultants or
organizations thereof by contract as independent
contractors, or, in the case of individual experts or
consultants, by employment at rates of pay not in excess of
the daily equivalent of the highest rate of basic pay
payable under the General Schedule of section 5332 of Title
5.
(d) Relationship to executive branch
The Director is authorized to secure information, data,
estimates, and statistics directly from the various
departments, agencies, and establishments of the executive
branch of Government and the regulatory agencies and
commissions of the Government. All such departments,
agencies, establishments, and regulatory agencies and
commissions shall furnish the Director any available
material which he determines to be necessary in the
performance of his duties and functions (other than material
the disclosure of which would be a violation of law). The
Director is also authorized, upon agreement with the head of
any such department, agency, establishment, or regulatory
agency or commission, to utilize its services, facilities,
and personnel with or without reimbursement; and the head of
each such department, agency, establishment, or regulatory
agency or commission is authorized to provide the Office
such services, facilities, and personnel.
(e) Relationship to other agencies of Congress
In carrying out the duties and functions of the Office,
and for the purpose of coordinating the operations of the
Office with those of other congressional agencies with a
view to utilizing most effectively the information,
services, and capabilities of all such agencies in carrying
out the various responsibilities assigned to each, the
Director is authorized to obtain information, data,
estimates, and statistics developed by the 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 6503 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.)
436 Sec. 602. Duties and functions.
(a) Assistance to budget committees
It shall be the primary duty and function of the Office
to provide to the Committees on the Budget of both Houses
information which will assist such committees in the
discharge of all matters within their jurisdictions,
including (1) information with respect to the budget,
appropriation bills, and other bills authorizing or
providing new budget authority or tax expenditures, (2)
information with respect to revenues, receipts, estimated
future revenues and receipts, and changing revenue
conditions, and (3) such related information as such
Committee may request.
(b) Assistance to Committees on Appropriations, Ways and
Means, and Finance
At the request of the Committee on Appropriations of
either House, the Committee on Ways and Means of the House
of Representatives, or the Committee on Finance of the
Senate, the Office shall provide to such Committee any
information which will assist it in the discharge of matters
within its jurisdiction, including information described in
clauses (1) and (2) of subsection (a) of this section and
such related information as the Committee may request.
(c) Assistance to other committees and members
(1) At the request of any other committee of the House
of Representatives or the Senate or any joint committee of
the Congress, the Office shall provide to such committee or
joint committee any information compiled in carrying out
clauses (1) and (2) of subsection (a) of this section, and,
to the extent practicable, such additional information
related to the foregoing as may be requested.
(2) At the request of any committee of the Senate or the
House of Representatives, the Office shall, to the extent
practicable, consult with and assist such committee in
analyzing the budgetary or financial impact of any proposed
legislation that may have--
(A) a significant budgetary impact on State,
local, or tribal governments;
(B) a significant financial impact on the
private sector; or
(C) a significant employment impact on the
private sector.
(3) At the request of any Member of the House or Senate,
the Office shall provide to such Member any information
compiled in carrying out clauses (1) and (2) of subsection
(a) of this section, and, to the extent available, such
additional information related to the foregoing as may be
requested.
(d) Assignment of office personnel to committees and joint
committees
At the request of the Committee on the Budget of either
House, personnel of the Office shall be assigned, on a
temporary basis, to assist such committee. At the request of
any other committee of either House or any joint committee
of the Congress, personnel of the Office may be assigned, on
a temporary basis, to assist such committee or joint
committee with respect to matters directly related to the
applicable provisions of subsection (b) or (c) of this
section.
(e) Reports to budget committees
(1) On or before February 15 of each year, the Director
shall submit to the Committees on the Budget of the House of
Representatives and the Senate a report, for the fiscal year
commencing on October 1 of that year, with respect to fiscal
policy, including (A) alternative levels of total revenues,
total new budget authority, and total outlays (including
related surpluses and deficits), (B) the levels of tax
expenditures under existing law, taking into account
projected economic factors and any changes in such levels
based on proposals in the budget submitted by the President
for such fiscal year. Such report shall also include a
discussion of national budget priorities, including
alternative ways of allocating new budget authority and
budget outlays for such fiscal year among major programs or
functional categories, taking into account how such
alternative allocations will meet major national needs and
affect balanced growth and development of the United States,
and (C) a statement of the levels of budget authority and
outlays for each program assumed to be extended in the
baseline, as provided in section 257(b)(2)(A) and for excise
taxes assumed to be extended under section 257(b)(2)(C) of
the Balanced Budget and Emergency Deficit Control Act of
1985. Such report shall also include a discussion of
national budget priorities, including alternative ways of
allocating new budget authority and budget outlays for such
fiscal year among major programs or functional categories,
taking into account how such alternative allocations will
meet major national needs and affect balanced growth and
development of the United States.
(2) The Director shall from time to time submit to the
Committees on the Budget of the House of Representatives and
the Senate such further reports (including reports revising
the report required by paragraph (1)) as may be necessary or
appropriate to provide such Committees with information,
data, and analyses for the performance of their duties and
functions.
(3) On or before January 15 of each year, the Director,
after consultation with the appropriate committees of the
House of Representatives and Senate, shall submit to the
Congress a report listing (A) all programs and activities
funded during the fiscal year ending September 30 of that
calendar year for which authorizations for appropriations
have not been enacted for that fiscal year, and (B) all
programs and activities for which authorizations for
appropriations have been enacted for the fiscal year ending
September 30 of that calendar year, but for which no
authorizations for appropriations have been enacted for the
fiscal year beginning October 1 of that calendar year.
(f) Use of computers and other techniques
The Director may equip the Office with up-to-date
computer capability (upon approval of the Committee on House
Oversight of the House of Representatives and the Committee
on Rules and Administration of the Senate), obtain the
services of experts and consultants in computer technology,
and develop techniques for the evaluation of budgetary
requirements.
(g) Studies
(1) Continuing studies
The Director of the Congressional Budget
Office shall conduct continuing studies to
enhance comparisons of budget outlays, credit
authority, and tax expenditures.
(2) Federal mandate studies
(A) At the request of any Chairman or
ranking member of the minority of a Committee of
the Senate or the House of Representatives, the
Director shall, to the extent practicable,
conduct a study of a legislative proposal
containing a Federal mandate.
(B) In conducting a study on
intergovernmental mandates under subparagraph
(A), the Director shall--
(i) solicit and consider information or
comments from elected officials (including
their designated representatives) of State,
local, or tribal governments as may provide
helpful information or comments;
(ii) consider establishing advisory
panels of elected officials or their
designated representatives, of State, local,
or tribal governments if the Director
determines that such advisory panels would
be helpful in performing responsibilities of
the Director under this section; and
(iii) if, and to the extent that the
Director determines that accurate estimates
are reasonably feasible, include estimates
of--
(I) the future direct cost of
the Federal mandate to the extent
that such costs significantly differ
from or extend beyond the 5-year
period after the mandate is first
effective; and
(II) any disproportionate
budgetary effects of Federal
mandates upon particular industries
or sectors of the economy, States,
regions, and urban or rural or other
types of communities, as
appropriate.
(C) In conducting a study on private sector
mandates under subparagraph (A), the Director
shall provide estimates, if and to the extent
that the Director determines that such estimates
are reasonably feasible, of--
(i) future costs of Federal private
sector mandates to the extent that such
mandates differ significantly from or extend
beyond the 5-year time period referred to in
subparagraph (B)(iii)(I);
(ii) any disproportionate financial
effects of Federal private sector mandates
and of any Federal financial assistance in
the bill or joint resolution upon any
particular industries or sectors of the
economy, States, regions, and urban or rural
or other types of communities; and
(iii) the effect of Federal private
sector mandates in the bill or joint
resolution on the national economy,
including the effect on productivity,
economic growth, full employment, creation
of productive jobs, and international
competitiveness of United States goods and
services. (Pub.L. 93-344, Title II,
Sec. 202(a)-(e)(1), (f), (g), July 12, 1974,
88 Stat. 304, 305; Pub.L. 99-177, 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.)
437 Sec. 603. Public access to budget data.
(a) Right to copy
Except as provided in subsections (c), (d), and (e) of
this section, the Director shall make all information, data,
estimates, and statistics obtained under section 601(d) and
(e) of this title available for public copying during normal
business hours, subject to reasonable rules and regulations,
and shall to the extent practicable, at the request of any
person, furnish a copy of any such information, data,
estimates, or statistics upon payment by such person of the
cost of making and furnishing such copy.
(b) Index
The Director shall develop and maintain filing, coding,
and indexing systems that identify the information, data,
estimates, and statistics to which subsection (a) of this
section applies and shall make such systems available for
public use during normal business hours.
(c) Exceptions
Subsection (a) of this section shall not apply to
information, data, estimates, and statistics--
(1) which are specifically exempted from
disclosure by law; or
(2) which the Director determines will
disclose--
(A) matters necessary to be kept secret
in the interests of national defense or the
confidential conduct of the foreign
relations of the United States;
(B) information relating to trade
secrets or financial or commercial
information pertaining specifically to a
given person if the information has been
obtained by the Government on a confidential
basis, other than through an application by
such person for a specific financial or
other benefit, and is required 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.
438 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.
439 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. 4103).
(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.
440 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.
441 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.
442 Sec. 608. Lump-sum payments to enhance staff recruitment and
to reward exceptional performance.
(a) The Director of the Congressional Budget Office
shall have the authority to make lump-sum payments to
enhance staff recruitment and to reward exceptional
performance by an employee or a group of employees.
(b) Subsection (a) shall apply with respect to fiscal
years beginning after September 30, 1999. (Pub.L. 106-57,
Title I, Sec. 106, Sept. 29, 1999, 113 Stat. 418.)
443 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
444 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.
445 Sec. 622. Definitions.
For purposes of this Act--
(1) The terms ``budget outlays'' and
``outlays'' mean, with respect to any fiscal
year, expenditures and net lending of funds
under budget authority during such year.
(2) Budget authority and new budget
authority
(A) In general
The term ``budget authority''
means the authority provided by
Federal law to incur financial
obligations, as follows:
(i) provisions of law
that make funds available
for obligation and
expenditure (other than
borrowing authority),
including the authority to
obligate and expend the
proceeds of offsetting
receipts and collections;
(ii) borrowing
authority, which means
authority granted to a
Federal entity to borrow and
obligate and expend the
borrowed funds, including
through the issuance of
promissory notes or other
monetary credits;
(iii) contract
authority, which means the
making of funds available
for obligation but not for
expenditure; and
(iv) offsetting receipts
and collections as negative
budget authority, and the
reduction thereof as
positive budget authority.
(B) Limitations on budget authority
With respect to the Federal
Hospital Insurance Trust Fund, the
Supplementary Medical Insurance
Trust Fund, the Unemployment Trust
Fund, and the railroad retirement
account, any amount that is
precluded from obligation in a
fiscal year by a provision of law
(such as a limitation or a benefit
formula) shall not be budget
authority in that year.
(C) New budget authority
The term ``new budget
authority'' means, with respect to a
fiscal year--
(i) budget authority
that first becomes available
for obligation in that year,
including budget authority
that becomes available in
that year's\1\ a result of a
reappropriation; or
\1\So in original. Probably should be ``as''.
(ii) a change in any
account in the availability
of unobligated balances of
budget authority carried
over from a prior year,
resulting from a provision
of law first effective in
that year;
and includes a change in the estimated level
of new budget authority provided in
indefinite amounts by existing law.
(3) The term ``tax expenditures'' means
those revenue losses attributable to provisions
of the Federal tax laws which allow a special
exclusion, exemption, or deduction from gross
income or which provide a special credit, a
preferential rate of tax, or a deferral of tax
liability; and the term ``tax expenditures
budget'' means an enumeration of such tax
expenditures.
(4) The term ``concurrent resolution on the
budget'' means--
(A) a concurrent resolution setting
forth the congressional budget for the
United States Government for a fiscal year
as provided in section 632 of this title;
and
(B) any other concurrent resolution
revising the congressional budget for the
United States Government for a fiscal year
as described in section 635 of this title.
(5) The term ``appropriation Act'' means an
Act referred to in section 105 of Title 1.
(6) The term ``deficit'' means, with respect
to a fiscal year, the amount by which outlays
exceeds receipts during that year.
(7) The term ``surplus'' means, with respect
to a fiscal year, the amount by which receipts
exceeds\2\ outlays during that year.
\2\So in original. Probably should be ``exceed''.
(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.
(11) The terms ``emergency'' and
``unanticipated'' have the meanings given to
such terms in section 900(c) of this title.
(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 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; Pub.L. 112-25,
Title I, Sec. 105(b), Aug. 2, 2011, 125 Stat.
247.)
446 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
447 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.)
448 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;
(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 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;
(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.
(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.)
449 Sec. 633. Committee allocations.
(a) Committee spending allocations
(1) Allocation among committees
The joint explanatory statement accompanying
a conference report on a concurrent resolution
on the budget shall include an allocation,
consistent with the resolution recommended in
the conference report, of the levels for the
first fiscal year of the resolution, for at
least each of the ensuing 4 fiscal years, and a
total for that period of fiscal years (except in
the case of the Committee on Appropriations only
for the fiscal year of that resolution) of--
(A) total new budget authority; and
(B) total outlays;
among each committee of the House of Representatives
or the Senate that has jurisdiction over legislation
providing or creating such amounts.
(2) No double counting
In the House of Representatives, any item
allocated to one committee may not be allocated
to another committee.
(3) Further division of amounts
(A) In the Senate
In the Senate, the amount allocated to
the Committee on Appropriations shall be
further divided among the categories
specified in section 250(c)(4) of the
Balanced Budget and Emergency Deficit
Control Act of 1985 [2 U.S.C. 900(c)(4)] and
shall not exceed the limits for each
category set forth in section 251(c) of that
Act [2 U.S.C. 901(c)].
(B) In the House
In the House of Representatives, the
amounts allocated to each committee for each
fiscal year, other than the Committee on
Appropriations, shall be further divided
between amounts provided or required by law
on the date of filing of that conference
report and amounts not so provided or
required. The amounts allocated to the
Committee on Appropriations shall be further
divided--
(i) between discretionary and
mandatory amounts or programs, as
appropriate; and
(ii) consistent with the
categories specified in section
250(c)(4) of the Balanced Budget and
Emergency Deficit Control Act of
1985 [2 U.S.C. 900(c)(4)].
(4) Amounts not allocated
In the House of Representatives or the
Senate, if a committee receives no allocation of
new budget authority or outlays, that committee
shall be deemed to have received an allocation
equal to zero for new budget authority or
outlays.
(5) Adjusting allocation of discretionary spending in
the House of Representatives
(A) If a concurrent resolution on the budget
is not adopted by April 15, the chairman of the
Committee on the Budget of the House of
Representatives shall submit to the House, as
soon as practicable, an allocation under
paragraph (1) to the Committee on Appropriations
consistent with the discretionary spending
levels in the most recently agreed to concurrent
resolution on the budget for the appropriate
fiscal year covered by that resolution.
(B) As soon as practicable after an
allocation under paragraph (1) is submitted
under this section, the Committee on
Appropriations shall make suballocations and
report those suballocations to the House of
Representatives.
(b) Suballocations by Appropriations Committees
As soon as practicable after a concurrent resolution on
the budget is agreed to, the Committee on Appropriations of
each House (after consulting with the Committee on
Appropriations of the other House) shall suballocate each
amount allocated to it for the budget year under subsection
(a) of this section among its subcommittees. Each Committee
on Appropriations shall promptly report to its House
suballocations made or revised under this subsection. The
Committee on Appropriations of the House of Representatives
shall further divide among its subcommittees the divisions
made under subsection (a)(3)(B) of this section and promptly
report those divisions to the House.
(c) Point of order
After the Committee on Appropriations has received an
allocation pursuant to subsection (a) of this section for a
fiscal year, it shall not be in order in the House of
Representatives or the Senate to consider any bill, joint
resolution, amendment, motion, or conference report within
the jurisdiction of that committee providing new budget
authority for that fiscal year, until that committee makes
the suballocations required by subsection (b) of this
section.
(d) Subsequent concurrent resolutions
In the case of a concurrent resolution on the budget
referred to in section 635 of this title, the allocations
under subsection (a) of this section and the subdivisions
under subsection (b) of this section shall be required only
to the extent necessary to take into account revisions made
in the most recently agreed to concurrent resolution on the
budget.
(e) Alteration of allocations
At any time after a committee reports the allocations
required to be made under subsection (b) of this section,
such committee may report to its House an alteration of such
allocations. Any alteration of such allocations must be
consistent with any actions already taken by its House on
legislation within the committee's jurisdiction.
(f) Legislation subject to point of order
(1) In the House of Representatives
After the Congress has completed action on a
concurrent resolution on the budget for a fiscal
year, it shall not be in order in the House of
Representatives to consider any bill, joint
resolution, or amendment providing new budget
authority for any fiscal year, or any conference
report on any such bill or joint resolution,
if--
(A) the enactment of such bill or
resolution as reported;
(B) the adoption and enactment of such
amendment; or
(C) the enactment of such bill or
resolution in the form recommended in such
conference report,
would cause the applicable allocation of new budget
authority made under subsection (a) or (b) of this
section for the first fiscal year or the total of
fiscal years to be exceeded.
(2) In the Senate
After a concurrent resolution on the budget
is agreed to, it shall not be in order in the
Senate to consider any bill, joint resolution,
amendment, motion, or conference report that
would cause--
(A) in the case of any committee except
the Committee on Appropriations, the
applicable allocation of new budget
authority or outlays under subsection (a) of
this section for the first fiscal year or
the total of fiscal years to be exceeded; or
(B) in the case of the Committee on
Appropriations, the applicable suballocation
of new budget authority or outlays under
subsection (b) of this section to be
exceeded.
(g) Pay-as-you-go exception in the House
(1) In general
(A) Subsection (f)(1) of this section and,
after April 15, section 634(a) of this title
shall not apply to any bill or joint resolution,
as reported, amendment thereto, or conference
report thereon if, for each fiscal year covered
by the most recently agreed to concurrent
resolution on the budget--
(i) the enactment of that bill or
resolution as reported;
(ii) the adoption and enactment of that
amendment; or
(iii) the enactment of that bill or
resolution in the form recommended in that
conference report,
would not increase the deficit, and, if the sum of
any revenue increases provided in legislation
already enacted during the current session (when
added to revenue increases, if any, in excess of any
outlay increase provided by the legislation proposed
for consideration) is at least as great as the sum
of the amount, if any, by which the aggregate level
of Federal revenues should be increased as set forth
in that concurrent resolution and the amount, if
any, by which revenues are to be increased pursuant
to pay-as-you-go procedures under section 632(b)(8)
of this title, if included in that concurrent
resolution.
(B) Section 642(a) of this title, as that
section applies to revenues, shall not apply to
any bill, joint resolution, amendment thereto,
or conference report thereon if, for each fiscal
year covered by the most recently agreed to
concurrent resolution on the budget--
(i) the enactment of that bill or
resolution as reported;
(ii) the adoption and enactment of that
amendment; or
(iii) the enactment of that bill or
resolution in the form recommended in that
conference report,
would not increase the deficit, and, if the sum of
any outlay reductions provided in legislation
already enacted during the current session (when
added to outlay reductions, if any, in excess of any
revenue reduction provided by the legislation
proposed for consideration) is at least as great as
the sum of the amount, if any, by which the
aggregate level of Federal outlays should be reduced
as required by that concurrent resolution and the
amount, if any, by which outlays are to be reduced
pursuant to pay-as-you-go procedures under section
632(b)(8) of this title, if included in that
concurrent resolution.
(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.)
450 Sec. 634. Concurrent resolution on the budget must be
adopted before budget-related legislation is considered.
(a) In general
Until the concurrent resolution on the budget for a
fiscal year has been agreed to, it shall not be in order in
the House of Representatives, with respect to the first
fiscal year covered by that resolution, or the Senate, with
respect to any fiscal year covered by that resolution, to
consider any bill or joint resolution, amendment or motion
thereto, or conference report thereon that--
(1) first provides new budget authority for
that fiscal year;
(2) first provides an increase or decrease
in revenues during that fiscal year;
(3) provides an increase or decrease in the
public debt limit to become effective during
that fiscal year;
(4) in the Senate only, first provides new
entitlement authority for that fiscal year; or
(5) in the Senate only, first provides for
an increase or decrease in outlays for that
fiscal year.
(b) Exceptions in the House
In the House of Representatives, subsection (a) of this
section does not apply--
(1)(A) to any bill or joint resolution, as
reported, providing advance discretionary new
budget authority that first becomes available
for the first or second fiscal year after the
budget year; or
(B) to any bill or joint resolution, as
reported, first increasing or decreasing
revenues in a fiscal year following the fiscal
year to which the concurrent resolution applies;
(2) after May 15, to any general
appropriation bill or amendment thereto; or
(3) to any bill or joint resolution unless
it is reported by a committee.
(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.)
451 Sec. 635. Permissible revisions of concurrent resolutions on
the budget.
At any time after the concurrent resolution on the
budget for a fiscal year has been agreed to pursuant to
section 632 of this title, and before the end of such fiscal
year, the two Houses may adopt a concurrent resolution on
the budget which revises or reaffirms the concurrent
resolution on the budget for such fiscal year most recently
agreed to. (Pub.L. 93-344, Title III, Sec. 304, July 12,
1974, 88 Stat. 310; Pub.L. 99-177, Title II, Sec. 201(b),
Dec. 12, 1985, 99 Stat. 1047; Pub.L. 100-119, Title II,
Sec. 208(b), Sept. 29, 1987, 101 Stat. 786; Pub.L. 101-508,
Title XIII, Sec. 13112(a)(8), Nov. 5, 1990, 104 Stat. 1388-
608; Pub.L. 105-33, Title X, Sec. 10108, Aug. 5, 1997, 111
Stat. 684.)
452 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.
(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 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. 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.)
453 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.)
454 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.)
455 Sec. 639. Reports, summaries, and projections of
Congressional budget actions.
(a) Reports on legislation providing new budget authority or
providing increase or decrease in revenues or tax
expenditures
(1) Whenever a committee of either House reports to its
House a bill or joint resolution, or committee amendment
thereto, providing new budget authority (other than
continuing appropriations) or providing an increase or
decrease in revenues or tax expenditures for a fiscal year
(or fiscal years), the report accompanying that bill or
joint resolution shall contain a statement, or the committee
shall make available such a statement in the case of an
approved committee amendment which is not reported to its
House, prepared after consultation with the Director of the
Congressional Budget Office--
(A) comparing the levels in such measure to
the appropriate allocations in the reports
submitted under section 633(b) of this title for
the most recently agreed to concurrent
resolution on the budget for such fiscal year
(or fiscal years);
(B) containing a projection by the
Congressional Budget Office of how such measure
will affect the levels of such budget authority,
budget outlays, revenues, or tax expenditures
under existing law for such fiscal year (or
fiscal years) and each of the four ensuing
fiscal years, if timely submitted before such
report is filed; and
(C) containing an estimate by the
Congressional Budget Office of the level of new
budget authority for assistance to State and
local governments provided by such measure, if
timely submitted before such report is filed.
(2) Whenever a conference report is filed in either
House and such conference report or any amendment reported
in disagreement or any amendment contained in the joint
statement of managers to be proposed by the conferees in the
case of technical disagreement on such bill or joint
resolution provides new budget authority (other than
continuing appropriations) or provides an increase or
decrease in revenues for a fiscal year (or fiscal years),
the statement of managers accompanying such conference
report shall contain the information described in paragraph
(1), if available on a timely basis. If such information is
not available when the conference report is filed, the
committee shall make such information available to Members
as soon as practicable prior to the consideration of such
conference report.
(b) Up-to-date tabulations of Congressional budget action
(1) The Director of the Congressional Budget Office
shall issue to the committees of the House of
Representatives and the Senate reports on at least a monthly
basis detailing and tabulating the progress of congressional
action on bills and joint resolutions providing new budget
authority or providing an increase or decrease in revenues
or tax expenditures for each fiscal year covered by a
concurrent resolution on the budget. Such reports shall
include but are not limited to an up-to-date tabulation
comparing the appropriate aggregate and functional levels
(including outlays) included in the most recently adopted
concurrent resolution on the budget with the levels provided
in bills and joint resolutions reported by committees or
adopted by either House or by the Congress, and with the
levels provided by law for the fiscal year preceding the
first fiscal year covered by the appropriate concurrent
resolution.
(2) The Committee on the Budget of each House shall make
available to Members of its House summary budget
scorekeeping reports. Such reports--
(A) shall be made available on at least a
monthly basis, but in any case frequently enough
to provide Members of each House an accurate
representation of the current status of
congressional consideration of the budget;
(B) shall include, but are not limited to,
summaries of tabulations provided under
subsection (b)(1) of this section; and
(C) shall be based on information provided
under subsection (b)(1) of this section without
substantive revision.
The chairman of the Committee on the Budget of the House of
Representatives shall submit such reports to the Speaker.
(c) Five-year projection of Congressional budget action
As soon as practicable after the beginning of each
fiscal year, the Director of the Congressional Budget Office
shall issue a report projecting for the period of 5 fiscal
years beginning with such fiscal year--
(1) total new budget authority and total
budget outlays for each fiscal year in such
period;
(2) revenues to be received and the major
sources thereof, and the surplus or deficit, if
any, for each fiscal year in such period;
(3) tax expenditures for each fiscal year in
such period; and
(4) entitlement authority for each fiscal
year in such period. (Pub.L. 93-444, Title III,
Sec. 308, July 12, 1974, 88 Stat. 31-313; Pub.L.
99-177, Title II, Sec. 201(b), Dec. 12, 1985, 99
Stat. 1051; Pub.L. 101-508, Title XIII,
Sec. 13206, Nov. 5, 1990, 104 Stat. 1388-617;
Pub.L. 105-33, Title X, Sec. 10110, Aug. 5,
1997, 111 Stat. 685.)
456 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.)
457 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
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 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.
(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.)
458 Sec. 642. Budget-related legislation must be within
appropriate levels.
(a) Enforcement of budget aggregates
(1) In the House of Representatives
Except as provided by subsection (c) of this
section, after the Congress has completed action
on a concurrent resolution on the budget for a
fiscal year, it shall not be in order in the
House of Representatives to consider any bill,
joint resolution, amendment, motion, or
conference report providing new budget authority
or reducing revenues, if--
(A) the enactment of that bill or
resolution as reported;
(B) the adoption and enactment of that
amendment; or
(C) the enactment of that bill or
resolution in the form recommended in that
conference report;
would cause the level of total new budget authority
or total outlays set forth in the applicable
concurrent resolution on the budget for the first
fiscal year to be exceeded, or would cause revenues
to be less than the level of total revenues set
forth in that concurrent resolution for the first
fiscal year or for the total of that first fiscal
year and the ensuing fiscal years for which
allocations are provided under section 633(a) of
this title, except when a declaration of war by the
Congress is in effect.
(2) In the Senate
After a concurrent resolution on the budget
is agreed to, it shall not be in order in the
Senate to consider any bill, joint resolution,
amendment, motion, or conference report that--
(A) would cause the level of total new
budget authority or total outlays set forth
for the first fiscal year in the applicable
resolution to be exceeded; or
(B) would cause revenues to be less than
the level of total revenues set forth for
that first fiscal year or for the total of
that first fiscal year and the ensuing
fiscal years in the applicable resolution
for which allocations are provided under
section 633(a) of this title.
(3) Enforcement of social security levels in the Senate
After a concurrent resolution on the budget
is agreed to, it shall not be in order in the
Senate to consider any bill, joint resolution,
amendment, motion, or conference report that
would cause a 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
(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.)
459 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.
(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.)
460 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, 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--
(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.)
461 Sec. 645. Adjustments.
(a) Adjustments
After the reporting of a bill or joint resolution or 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 may
make appropriate budgetary adjustments of new budget
authority and the outlays flowing therefrom in the same
amount as required by section 901(b) of this title.
(b) 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.
(c) 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.
(d) Emergencies in the House of Representatives
(1) In the House of Representatives, if a
reported bill or joint resolution, or amendment
thereto or conference report thereon, contains a
provision providing new budget authority and
outlays or reducing revenue, and a designation
of such provision as an emergency requirement
pursuant to 901(b)(2)(A) of this title, the
chair of the Committee on the Budget of the
House of Representatives shall not count the
budgetary effects of such provision for purposes
of title III and title IV of the Congressional
Budget Act of 1974 and the Rules of the House of
Representatives.
(2)(A) In the House of Representatives, if a
reported bill or joint resolution, or amendment
thereto or conference report thereon, contains a
provision providing new budget authority and
outlays or reducing revenue, and a designation
of such provision as an emergency pursuant to
paragraph (1), the chair of the Committee on the
Budget shall not count the budgetary effects of
such provision for purposes of this title and
title IV and the Rules of the House of
Representatives.
(B) In the House of
Representatives, a proposal to
strike a designation under
subparagraph (A) shall be excluded
from an evaluation of budgetary
effects for purposes of this title
and title IV and the Rules of the
House of Representatives.
(C) An amendment offered under
subparagraph (B) that also proposes
to reduce each amount appropriated
or otherwise made available by the
pending measure that is not required
to be appropriated or otherwise made
available shall be in order at any
point in the reading of the pending
measure.
(e) Senate point of order against an emergency designation
(1) In general
When the Senate is considering a bill, resolution,
amendment, motion, amendment between the Houses, or
conference report, 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.
(2) Supermajority waiver and appeals
(A) Waiver
Paragraph (1) may be
waived or suspended in the
Senate only by an
affirmative vote of three-
fifths of the Members, duly
chosen and sworn.
(B) 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.
(3) Definition of an emergency designation
For purposes of paragraph (1), a provision shall be
considered an emergency designation if it designates any
item pursuant to section 901(b)(2)(A)(i) of this title.
(4) Form of the point of order
A point of order under paragraph (1) may be raised by a
Senator as provided in section 644(e) of this title.
(5) Conference reports
When the Senate is considering a conference report on,
or an amendment between the Houses in relation to, a bill,
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 such conference report by operation
of this subsection), no further amendment shall be in order.
(f) Enforcement of discretionary spending caps
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 that would cause the
discretionary spending limits as set forth in section 901 of
this title to be exceeded. (Pub.L. 93-344, Title III,
Sec. 314, as added Pub.L. 105-33, Title X, Sec. 10114(a),
Aug. 5, 1997, 111 Stat. 688, amended Pub.L. 105-89, Title
II, Sec. 201(b)(2), Nov. 19, 1997, 111 Stat. 2125; Pub.L.
112-25, Title I, Sec. 105(a), Aug. 2, 2011, 125 Stat. 246;
Pub.L. 112-78, Title V, Sec. 511, Dec. 23, 2011, 125 Stat.
1291.)
462 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
463 Sec. 651. Budget-related legislation not subject to
appropriations.
(a) Controls on certain budget-related legislation not
subject to appropriations
It shall not be in order in either the House of
Representatives or the Senate to consider any bill or joint
resolution (in the House of Representatives only, as
reported), amendment, motion, or conference report that
provides--
(1) new authority to enter into contracts
under which the United States is obligated to
make outlays;
(2) new authority to incur indebtedness
(other than indebtedness incurred under chapter
31 of Title 31 of the United States Code) for
the repayment of which the United States is
liable; or
(3) new credit authority;
unless that bill, joint resolution, amendment, motion, or
conference report also provides that the new authority is to
be effective for any fiscal year only to the extent or in
the amounts provided in advance in appropriation Acts.
(b) Legislation providing new entitlement authority
(1) Point of order
It shall not be in order in either the House
of Representatives or the Senate to consider any
bill or joint resolution (in the House of
Representatives only, as reported), amendment,
motion, or conference report that provides new
entitlement authority that is to become
effective during the current fiscal year.
(2) If any committee of the House of Representatives or
the Senate reports any bill or resolution which provides new
entitlement authority which is to become effective during a
fiscal year and the amount of new budget authority which
will be required for such fiscal year if such bill or
resolution is enacted as so reported exceeds the appropriate
allocation of new budget authority reported under section
633(b) of this title in connection with the most recently
agreed to concurrent resolution on the budget for such
fiscal year, such bill or resolution shall then be referred
to the Committee on Appropriations of the Senate or may then
be referred to the Committee on Appropriations of the House,
as the case may be, with instructions to report it, with the
committee's recommendations, within 15 calendar days (not
counting any day on which that House is not in session)
beginning with the day following the day on which it is so
referred. If the Committee on Appropriations of either House
fails to report a bill or resolution referred to it under
this paragraph within such 15-day period, the committee
shall automatically be discharged from further consideration
of such bill or resolution and such bill or resolution shall
be placed on the appropriate calendar.
(3) The Committee on Appropriations of each House shall
have jurisdiction to report any bill or resolution referred
to it under paragraph (2) with an amendment which limits the
total amount of new spending authority provided in such bill
or resolution.
(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.)
464
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.)
465 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.)
466 Sec. 655. Off-budget agencies, programs, and activities.
(a) Notwithstanding any other provision of law, budget
authority, credit authority, and estimates of outlays and
receipts for activities of the Federal budget which are off-
budget immediately prior to December 12, 1985, not including
activities of the Federal Old-Age and Survivors Insurance
and Federal Disability Insurance Trust Funds, shall be
included in a budget submitted pursuant to section 1105 of
Title 31 and in a concurrent resolution on the budget
reported pursuant to section 632 or section 635 of this
title and shall be considered, for purposes of this Act,
budget authority, outlays, and spending authority in
accordance with definitions set forth in this Act.
(b) All receipts and disbursements of the Federal
Financing Bank with respect to any obligations which are
issued, sold, or guaranteed by a Federal agency shall be
treated as a means of financing such agency for purposes of
section 1105 of Title 31 and for purposes of this Act.
(Pub.L. 93-344, Title IV, Sec. 405, formerly Sec. 406, as
added Pub.L. 99-177, Title II, Sec. 214, Dec. 12, 1985, 99
Stat. 1059, renumberedSec. 405, Pub.L. 105-33, Title X,
Sec. 10116(c)(1), Aug. 5, 1997, 111 Stat. 692.)
467 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
468 Sec. 658. Definitions.
For purposes of this part:
(1) Agency
The term ``agency'' has the same meaning
as defined in section 551(1) of Title 5, but
does not include independent regulatory
agencies.
(2) Amount
The term ``amount'', with respect to an
authorization of appropriations for Federal
financial assistance, means the amount of
budget authority for any Federal grant
assistance program or any Federal program
providing loan guarantees or direct loans.
(3) Direct costs
The term ``direct costs''--
(A)(i) in the case of a Federal
intergovernmental mandate, means the
aggregate estimated amounts that all
State, local, and tribal governments
would be required to spend or would
be prohibited from raising in
revenues in order to comply with the
Federal intergovernmental mandate;
or
(ii) in the case of a provision
referred to in paragraph (5)(A)(ii),
means the amount of Federal
financial assistance eliminated or
reduced;
(B) in the case of a Federal
private sector mandate, means the
aggregate estimated amounts that the
private sector will be required to
spend in order to comply with the
Federal private sector mandate;
(C) shall be determined on the
assumption that--
(i) State, local, and
tribal governments, and the
private sector will take all
reasonable steps necessary
to mitigate the costs
resulting from the Federal
mandate, and will comply
with applicable standards of
practice and conduct
established by recognized
professional or trade
associations; and
(ii) reasonable steps to
mitigate the costs shall not
include increases in State,
local, or tribal taxes or
fees; and
(D) shall not include--
(i) estimated amounts
that the State, local, and
tribal governments (in the
case of a Federal
intergovernmental mandate)
or the private sector (in
the case of a Federal
private sector mandate)
would spend--
(I) to comply with or
carry out all applicable
Federal, State, local, and
tribal laws and regulations
in effect at the time of the
adoption of the Federal
mandate for the same
activity as is affected by
that Federal mandate; or
(II) to comply with or
carry out State, local, and
tribal governmental
programs, or private-sector
business or other activities
in effect at the time of the
adoption of the Federal
mandate for the same
activity as is affected by
that mandate; or
(ii) expenditures to the
extent that such
expenditures will be offset
by any direct savings to the
State, local, and tribal
governments, or by the
private sector, as a result
of--
(I) compliance with
the Federal mandate; or
(II) other changes in
Federal law or regulation
that are enacted or adopted
in the same bill or joint
resolution or proposed or
final Federal regulation and
that govern the same
activity as is affected by
the Federal mandate.
(4) Direct savings
The term ``direct savings'', when used
with respect to the result of compliance
with the Federal mandate--
(A) in the case of a Federal
intergovernmental mandate, means the
aggregate estimated reduction in
costs to any State, local, or tribal
government as a result of compliance
with the Federal intergovernmental
mandate; and
(B) in the case of a Federal
private sector mandate, means the
aggregate estimated reduction in
costs to the private sector as a
result of compliance with the
Federal private sector mandate.
(5) Federal intergovernmental mandate
The term ``Federal intergovernmental
mandate'' means--
(A) any provision in
legislation, statute, or regulation
that--
(i) would impose an
enforceable duty upon State,
local, or tribal
governments, except--
(I) a condition of
Federal assistance; or
(II) a duty arising
from participation in a
voluntary Federal program,
except as provided in
subparagraph (B); or
(ii) would reduce or
eliminate the amount of
authorization of
appropriations for--
(I) Federal financial
assistance that would be
provided to State, local, or
tribal governments for the
purpose of complying with
any such previously imposed
duty unless such duty is
reduced or eliminated by a
corresponding amount; or
(II) the control of
borders by the Federal
Government; or reimbursement
to State, local, or tribal
governments for the net cost
associated with illegal,
deportable, and excludable
aliens, including court-
mandated expenses related to
emergency health care,
education or criminal
justice; when such a
reduction or elimination
would result in increased
net costs to State, local,
or tribal governments in
providing education or
emergency health care to, or
incarceration of, illegal
aliens; except that this
subclause shall not be in
effect with respect to a
State, local, or tribal
government, to the extent
that such government has not
fully cooperated in the
efforts of the Federal
Government to locate,
apprehend, and deport
illegal aliens;
(B) any provision in
legislation, statute, or regulation
that relates to a then-existing
Federal program under which
$500,000,000 or more is provided
annually to State, local, and tribal
governments under entitlement
authority, if the provision--
(i)(I) would increase
the stringency of conditions
of assistance to State,
local, or tribal governments
under the program; or
(II) would place caps
upon, or otherwise decrease,
the Federal Government's
responsibility to provide
funding to State, local, or
tribal governments under the
program; and
(ii) the State, local,
or tribal governments that
participate in the Federal
program lack authority under
that program to amend their
financial or programmatic
responsibilities to continue
providing required services
that are affected by the
legislation, statute, or
regulation.
(6) Federal mandate
The term ``Federal mandate'' means a
Federal intergovernmental mandate or a
Federal private sector mandate, as defined
in paragraphs (5) and (7).
(7) Federal private sector mandate
The term ``Federal private sector
mandate'' means any provision in
legislation, statute, or regulation that--
(A) would impose an enforceable
duty upon the private sector
except--
(i) a condition of
Federal assistance; or
(ii) a duty arising from
participation in a voluntary
Federal program; or
(B) would reduce or eliminate
the amount of authorization of
appropriations for Federal financial
assistance that will be provided to
the private sector for the purposes
of ensuring compliance with such
duty.
(8) Local government
The term ``local government'' has the
same meaning as defined in section 6501(6)
of Title 31.
(9) Private sector
The term ``private sector'' means all
persons or entities in the United States,
including individuals, partnerships,
associations, corporations, and educational
and nonprofit institutions, but shall not
include State, local, or tribal governments.
(10) Regulation; rule
The term ``regulation'' or ``rule''
(except with respect to a rule of either
House of the Congress) has the meaning of
``rule'' as defined in section 601(2) of
Title 5.
(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.)
469 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.)
470 Sec. 658b. Duties of Congressional committees.
(a) In general
When a committee of authorization of the Senate or the
House of Representatives reports a bill or joint resolution
of public character that includes any Federal mandate, the
report of the committee accompanying the bill or joint
resolution shall contain the information required by
subsections (c) and (d) of this section.
(b) Submission of bills to the Director
When a committee of authorization of the Senate or the
House of Representatives orders reported a bill or joint
resolution of a public character, the committee shall
promptly provide the bill or joint resolution to the
Director of the Congressional Budget Office and shall
identify to the Director any Federal mandates contained in
the bill or resolution.
(c) Reports on Federal mandates
Each report described under subsection (a) of this
section shall contain--
(1) an identification and description of any
Federal mandates in the bill or joint
resolution, including the direct costs to State,
local, and tribal governments, and to the
private sector, required to comply with the
Federal mandates;
(2) a qualitative, and if practicable, a
quantitative assessment of costs and benefits
anticipated from the Federal mandates (including
the effects on health and safety and the
protection of the natural environment); and
(3) a statement of the degree to which a
Federal mandate affects both the public and
private sectors and the extent to which Federal
payment of public sector costs or the
modification or termination 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
(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.)
471 Sec. 658c. Duties of the Director, statements on bills and
joint resolutions other than appropriations bills and
joint resolutions.
(a) Federal intergovernmental mandates in reported bills and
resolutions
For each bill or joint resolution of a public character
reported by any committee of authorization of the Senate or
the House of Representatives, the Director of the
Congressional Budget Office shall prepare and submit to the
committee a statement as follows:
(1) Contents
If the Director estimates that the
direct cost of all Federal intergovernmental
mandates in the bill or joint resolution
will equal or exceed $50,000,000 (adjusted
annually for inflation) in the fiscal year
in which any Federal intergovernmental
mandate in the bill or joint resolution (or
in any necessary implementing regulation)
would first be effective or in any of the 4
fiscal years following such fiscal year, the
Director shall so state, specify the
estimate, and briefly explain the basis of
the estimate.
(2) Estimates
Estimates required under paragraph (1)
shall include estimates (and brief
explanations of the basis of the estimates)
of--
(A) the total amount of direct
cost of complying with the Federal
intergovernmental mandates in the
bill or joint resolution;
(B) if the bill or resolution
contains an authorization of
appropriations under section
658d(a)(2)(B) of this title, the
amount of new budget authority for
each fiscal year for a period not to
exceed 10 years beyond the effective
date necessary for the direct cost
of the intergovernmental mandate;
and
(C) the amount, if any, of
increase in authorization of
appropriations under existing
Federal financial assistance
programs, or of authorization of
appropriations for new Federal
financial assistance, provided by
the bill or joint resolution and
usable by State, local, or tribal
governments for activities subject
to the Federal intergovernmental
mandates.
(3) Additional flexibility information
The Director shall include in the
statement submitted under this subsection,
in the case of legislation that makes
changes as described in section
658(5)(B)(i)(II) of this title--
(A) if no additional flexibility
is provided in the legislation, a
description of whether and how the
States can offset the reduction
under existing law; or
(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 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.)
472 Sec. 658d. Legislation subject to point of order.
(a) In general
It shall not be in order in the Senate or the House of
Representatives to consider--
(1) any bill or joint resolution that is
reported by a committee unless the committee has
published a statement of the Director on the
direct costs of Federal mandates in accordance
with section 658b(f) of this title before such
consideration, except this paragraph shall not
apply to any supplemental statement prepared by
the Director under section 658c(d) of this
title; and
(2) any bill, joint resolution, amendment,
motion, or conference report that would increase
the direct costs of Federal intergovernmental
mandates by an amount that causes the thresholds
specified in section 658c(a)(1) of this title to
be exceeded, unless--
(A) the bill, joint resolution,
amendment, motion, or conference report
provides new budget authority or new
entitlement authority in the House of
Representatives or direct spending authority
in the Senate for each fiscal year for such
mandates included in the bill, joint
resolution, amendment, motion, or conference
report in an amount equal to or exceeding
the direct costs of such mandate; or
(B) the bill, joint resolution,
amendment, motion, or conference report
includes an authorization for appropriations
in an amount equal to or exceeding the
direct costs of such mandate, and--
(i) identifies a specific dollar
amount of the direct costs of such
mandate for each year up to 10 years
during which such mandate shall be
in effect under the bill, joint
resolution, amendment, motion or
conference report, and such estimate
is consistent with the estimate
determined under subsection (e) of
this section for each fiscal year;
(ii) identifies any
appropriation bill that is expected
to provide for Federal funding of
the direct cost referred to under
clause (i); and
(iii)(I) provides that for any
fiscal year the responsible Federal
agency shall determine whether there
are insufficient appropriations for
that fiscal year to provide for the
direct costs under clause (i) of
such mandate, and shall (no later
than 30 days after the beginning of
the fiscal year) notify the
appropriate authorizing committees
of Congress of the determination and
submit either--
(aa) a statement that
the agency has determined,
based on a re-estimate of
the direct costs of such
mandate, after consultation
with State, local, and
tribal governments, that the
amount appropriated is
sufficient to pay for the
direct costs of such
mandate; or
(bb) legislative
recommendations for either
implementing a less costly
mandate or making such
mandate ineffective for the
fiscal year;
(II) provides for expedited
procedures for the consideration of
the statement or legislative
recommendations referred to in
subclause (I) by Congress no later
than 30 days after the statement or
recommendations are submitted to
Congress; and
(III) provides that such mandate
shall--
(aa) in the case of a
statement referred to in
subclause (I)(aa), cease to
be effective 60 days after
the statement is submitted
unless Congress has approved
the agency's determination
by joint resolution during
the 60-day period;
(bb) cease to be
effective 60 days after the
date the legislative
recommendations of the
responsible Federal agency
are submitted to Congress
under subclause (I)(bb)
unless Congress provides
otherwise by law; or
(cc) in the case that
such mandate that has not
yet taken effect, continue
not to be effective unless
Congress provides otherwise
by law.
(b) Rule of construction
The provisions of subsection (a)(2)(B)(iii) of this
section shall not be construed to prohibit or otherwise
restrict a State, local, or tribal government from
voluntarily electing to remain subject to the original
Federal intergovernmental mandate, complying with the
programmatic or financial responsibilities of the original
Federal intergovernmental mandate and providing the funding
necessary consistent with the costs of Federal agency
assistance, monitoring, and enforcement.
(c) Committee on Appropriations
(1) Application
The provisions of subsection (a) of
section--
(A) shall not apply to any bill or
resolution reported by the Committee on
Appropriations of the Senate or the House of
Representatives; except
(B) shall apply to--
(i) any legislative provision
increasing direct costs of a Federal
intergovernmental mandate contained
in any bill or resolution reported
by the Committee on Appropriations
of the Senate or House of
Representatives;
(ii) any legislative provision
increasing direct costs of a Federal
intergovernmental mandate contained
in any amendment offered to a bill
or resolution reported by the
Committee on Appropriations of the
Senate or House of Representatives;
(iii) any legislative provision
increasing direct costs of a Federal
intergovernmental mandate in a
conference report accompanying a
bill or resolution reported by the
Committee on Appropriations of the
Senate or House of Representatives;
and
(iv) any legislative provision
increasing direct costs of a Federal
intergovernmental mandate contained
in any amendments in disagreement
between the two Houses to any bill
or resolution reported by the
Committee on Appropriations in the
Senate or House of Representatives.
(2) Certain provisions stricken in Senate.
Upon a point of order being made by any
Senator against any provision listed in
paragraph (1)(B), and the point of order being
sustained by the Chair, such specific provision
shall be deemed stricken from the bill,
resolution, amendment, amendment in
disagreement, or conference report and may not
be offered as an amendment from the floor.
(d) Determinations of applicability to pending legislation
For purposes of this section, in the Senate, the
presiding officer of the Senate shall consult with the
Committee on Governmental Affairs, to the extent
practicable, on questions concerning the applicability of
this part to a pending bill, joint resolution, amendment,
motion, or conference report.
(e) Determinations of Federal mandate levels
For purposes of this section, in the Senate, the levels
of Federal mandates for a fiscal year shall be determined
based on the estimates made by the Committee on the Budget.
(Pub.L. 93-344, Title IV, Sec. 425, as added Pub.L. 104-4,
Title I, Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 56.)
473 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.)
474 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.)
475 Sec. 658g. Clarification of application.
(a) In general
This part applies to any bill, joint resolution,
amendment, motion, or conference report that reauthorizes
appropriations, or that amends existing authorizations of
appropriations, to carry out any statute, or that otherwise
amends any statute, only if enactment of the bill, joint
resolution, amendment, motion, or conference report--
(1) would result in a net reduction in or
elimination of authorization of appropriations
for Federal financial assistance that would be
provided to State, local, or tribal governments
for use for the purpose of complying with any
Federal intergovernmental mandate, or to the
private sector for use to comply with any
Federal private sector mandate, and would not
eliminate or reduce duties established by the
Federal mandate by a corresponding amount; or
(2) would result in a net increase in the
aggregate amount of direct costs of Federal
intergovernmental mandates or Federal private
sector mandates other than as described in
paragraph (1).
(b) Direct costs
(1) In general
For purposes of this part, the direct cost
of the Federal mandates in a bill, joint
resolution, amendment, motion, or conference
report that reauthorizes appropriations, or that
amends existing authorizations of
appropriations, to carry out a statute, or that
otherwise amends any statute, means the net
increase, resulting from enactment of the bill,
joint resolution, amendment, motion, or
conference report, in the amount described under
paragraph (2)(A) over the amount described under
paragraph (2)(B).
(2) Amounts
The amounts referred to under paragraph (1)
are--
(A) the aggregate amount of direct costs
of Federal mandates that would result under
the statute if the bill, joint resolution,
amendment, motion, or conference report is
enacted; and
(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
476 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.)
477 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 current estimate of
the net present value of the remaining cash
flows under the terms of the contract, as
modified.
(E) In estimating net present values, the
discount rate shall be the average interest rate
on marketable Treasury securities of similar
maturity to the cash flows of the direct loan or
loan guarantee for which the estimate is being
made.
(F) When funds are obligated for a direct
loan or loan guarantee, the estimated cost shall
be based on the current assumptions, adjusted to
incorporate the terms of the loan contract, for
the fiscal year in which the funds are
obligated.
(6) The term ``credit program account''
means the budget account into which an
appropriation to cover the cost of a direct loan
or loan guarantee program is made and from which
such cost is disbursed to the financing account.
(7) The term ``financing account'' means the
non-budget account or accounts associated with
each credit program account which holds
balances, receives the cost payment from the
credit program account, and also includes all
other cash flows to and from the Government
resulting from direct loan obligations or loan
guarantee commitments made on or after October
1, 1991.
(8) The term ``liquidating account'' means
the budget account that includes all cash flows
to and from the Government resulting from direct
loan obligations or loan guarantee commitments
made prior to October 1, 1991.
These accounts shall be shown in the budget on a cash
basis.
(9) The term ``modification'' means any
Government action that alters the estimated cost
of an outstanding direct loan (or direct loan
obligation) or an outstanding loan guarantee (or
loan guarantee 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.)
478 Sec. 661b. OMB and CBO analysis, coordination, and review.
(a) In general
For the executive branch, the Director shall be
responsible for coordinating the estimates required by this
subchapter. The Director shall consult with the agencies
that administer direct loan or loan guarantee programs.
(b) Delegation
The Director may delegate to agencies authority to make
estimates of costs. The delegation of authority shall be
based upon written guidelines, regulations, or criteria
consistent with the definitions in this subchapter.
(c) Coordination with the Congressional Budget Office
In developing estimation guidelines, regulations, or
criteria to be used by Federal agencies, the Director shall
consult with the Director of the Congressional Budget
Office.
(d) Improving cost estimates
The Director and the Director of the Congressional
Budget Office shall coordinate the development of more
accurate data on historical performance of direct loan and
loan guarantee programs. They shall annually review the
performance of outstanding direct loans and loan guarantees
to improve estimates of costs. The Office of Management and
Budget and the Congressional Budget Office shall have access
to all agency data that may facilitate the development and
improvement of estimates of costs.
(e) Historical credit program costs
The Director shall review, to the extent possible,
historical data and develop the best possible estimates of
adjustments that would convert aggregate historical budget
data to credit reform accounting.
(f) Administrative costs
The Director and the Director of the Congressional
Budget Office shall each analyze and report to Congress on
differences in long-term administrative costs for credit
programs versus grant programs by January 31, 1992. Their
reports shall recommend to Congress any changes, if
necessary, in the treatment of administrative costs under
credit reform 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.)
479 Sec. 661c. Budgetary treatment.
(a) President's budget
Beginning with fiscal year 1992, the President's budget
shall reflect the costs of direct loan and loan guarantee
programs. The budget shall also include the planned level of
new direct loan obligations or loan guarantee commitments
associated with each appropriations request.
(b) Appropriations required
Notwithstanding any other provision of law, new direct
loan obligations may be incurred and new loan guarantee
commitments may be made for fiscal year 1992 and thereafter
only to the extent that--
(1) new budget authority to cover their
costs is provided in advance in an
appropriations Act;
(2) a limitation on the use of funds
otherwise available for the cost of a direct
loan or loan guarantee program has been provided
in advance in an appropriations Act; or
(3) authority is otherwise provided in
appropriation Acts.
(c) Exemption for mandatory programs
Subsections (b) and (e) of this section shall not apply
to a direct loan or loan guarantee program that--
(1) constitutes an entitlement (such as the
guaranteed student loan program or the veterans'
home loan guaranty program); or
(2) all existing credit programs of the
Commodity Credit Corporation on November 5,
1990.
(d) Budget accounting
(1) The authority to incur new direct loan obligations,
make new loan guarantee commitments, or modify outstanding
direct loans (or direct loan obligations) or loan guarantees
(or loan guarantee commitments) shall constitute new budget
authority in an amount equal to the cost of the direct loan
or loan guarantee in the fiscal year in which definite
authority becomes available or indefinite authority is used.
Such budget authority shall constitute an obligation of the
credit program account to pay to the financing account.
(2) The outlays resulting from new budget authority for
the cost of direct loans or loan guarantees described in
paragraph (1) shall be paid from the credit program account
into the financing account and recorded in the fiscal year
in which the direct loan or the guaranteed loan is disbursed
or its costs altered.
(3) All collections and payments of the financing
accounts shall be a means of financing.
(e) Modifications
An outstanding direct loan (or direct loan obligation)
or loan guarantee (or loan guarantee commitment) shall not
be modified in a manner that increases its costs unless
budget authority for the additional cost has been provided
in advance in an appropriations Act.
(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.)
480 Sec. 661d. Authorizations.
(a) Authorization of appropriations for costs
There are authorized to be appropriated to each Federal
agency authorized to make direct loan obligations or loan
guarantee commitments, such sums as may be necessary to pay
the cost associated with such direct loan obligations or
loan guarantee commitments.
(b) Authorization for financing accounts
In order to implement the accounting required by this
subchapter, the President is authorized to establish such
non-budgetary accounts as may be appropriate.
(c) Treasury transactions with the financing accounts
The Secretary of the Treasury shall borrow from, receive
from, lend to, or pay to the financing accounts such amounts
as may be appropriate. The Secretary of the Treasury may
prescribe forms and denominations, maturities, and terms and
conditions for the transactions described above, except that
the rate of interest charged by the Secretary on lending to
financing accounts (including amounts treated as lending to
financing accounts by the Federal Financing Bank
(hereinafter in this subsection referred to as the ``Bank'')
pursuant to section 655(b) of this title) and the rate of
interest paid to financing accounts on uninvested balances
in financing accounts shall be the same as the rate
determined pursuant to section 661a(5)(E) of this title. For
guaranteed loans financed by the Bank and treated as direct
loans by a Federal agency pursuant to section 655(b) of this
title, any fee or interest surcharge (the amount by which
the interest rate charged exceeds the rate determined
pursuant to section 661a(5)(E) of this title) that the Bank
charges to a private borrower pursuant to section 6(c) of
the Federal Financing Bank Act of 1973 shall be considered a
cash flow to the Government for the purposes of determining
the cost of the direct loan pursuant to section 661a(5) of
this title. All such amounts shall be credited to the
appropriate financing account. The Bank is authorized to
require reimbursement from a Federal agency to cover the
administrative expenses of the Bank that are attributable to
the direct loans financed for that agency. All such payments
by an agency shall be considered administrative expenses
subject to section 661c(g) of this title. This subsection
shall apply to transactions related to direct loan
obligations or loan guarantee commitments made on or after
October 1, 1991. The authorities described above shall not
be construed to supersede or override the authority of the
head of a Federal agency to administer and operate a direct
loan or loan guarantee program. All of the transactions
provided in this subsection shall be subject to the
provisions of subchapter II of chapter 15 of Title 31 [31
U.S.C. 1511 et seq.]. Cash balances of the financing
accounts in excess of current requirements shall be
maintained in a form of uninvested funds and the Secretary
of the Treasury shall pay interest on these funds.
(d) Authorization for liquidating accounts
(1) Amounts in liquidating accounts shall be available
only for payments resulting from direct loan obligations or
loan guarantee commitments made prior to October 1, 1991,
for--
(A) interest payments and principal
repayments to the Treasury or the Federal
Financing Bank for amounts borrowed;
(B) disbursements of loans;
(C) default and other guarantee claim
payments;
(D) interest supplement payments;
(E) payments for the costs of foreclosing,
managing, and selling collateral that are
capitalized or routinely deducted from the
proceeds of sales;
(F) payments to financing accounts when
required for modifications;
(G) administrative expenses, if--
(i) amounts credited to the liquidating
account would have been available for
administrative expenses under a provision of
law in effect prior to October 1, 1991; and
(ii) no direct loan obligation or loan
guarantee commitment has been made, or any
modification of a direct loan or loan
guarantee has been made, since September 30,
1991; or
(H) such other payments as are necessary for
the liquidation of such direct loan obligations
and loan guarantee commitments.
(2) Amounts credited to liquidating accounts in any year
shall be available only for payments required in that year.
Any unobligated 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.)
481 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.
(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.)
482 Sec. 661f. Effect on other laws.
(a) Effect on other laws
This subchapter shall supersede, modify, or repeal any
provision of law enacted prior to November 5, 1990 to the
extent such provision is inconsistent with this subchapter.
Nothing in this subchapter shall be construed to establish a
credit limitation on any Federal loan or loan guarantee
program.
(b) Crediting of collections
Collections resulting from direct loans obligated or
loan guarantees committed prior to October 1, 1991, shall be
credited to the liquidating accounts of Federal agencies.
Amounts so credited shall be available, to the same extent
that they were available prior to November 5, 1990, to
liquidate obligations arising from such direct loans
obligated or loan guarantees committed prior to October 1,
1991, including repayment of any obligations held by the
Secretary of the Treasury or the Federal Financing Bank. The
unobligated balances of such accounts that are in excess of
current needs shall be transferred to the general fund of
the Treasury. Such transfers shall be made from time to time
but, at least once each year. (Pub.L. 93-344, Title V,
Sec. 507, as added Pub.L. 101-508, Title XIII,
Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-614.)
Subchapter IV.--Budget Agreement Enforcement Provisions
483 Sec. 665. Repealed (Pub.L. 105-33, Title X, Sec. 10118(a),
Aug. 5, 1997, 111 Stat. 695).
484
Sec. 665a. Repealed (Pub.L. 105-33, Title X, Sec. 10118(a),
Aug. 5, 1997, 111 Stat. 695).
485
Sec. 665b. Repealed (Pub.L. 105-33, Title X, Sec. 10118(a),
Aug. 5, 1997, 111 Stat. 695).
486
Sec. 665c. Repealed (Pub.L. 105-33, Title X, Sec. 10118(a),
Aug. 5, 1997, 111 Stat. 695).
487
Sec. 665d. Repealed (Pub.L. 105-33, Title X, Sec. 10118(a),
Aug. 5, 1997, 111 Stat. 695).
488
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
489 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
490 Sec. 682. Definitions.
For purposes of sections 682 to 688 of this title--
(1) ``deferral of budget authority''
includes--
(A) withholding or delaying the
obligation or expenditure of budget
authority (whether by establishing reserves
or otherwise) provided for projects or
activities; or
(B) any other type of Executive action
or inaction which effectively precludes the
obligation or expenditure of budget
authority, including authority to obligate
by contract in advance of appropriations as
specifically authorized by law;
(2) ``Comptroller General'' means the
Comptroller General of the United States;
(3) ``rescission bill'' means a bill or
joint resolution which only rescinds, in whole
or in part, budget authority proposed to be
rescinded in a special message transmitted by
the President under section 683 of this title,
and upon which the Congress completes action
before the end of the first period of 45
calendar days of continuous session of the
Congress after the date on which the President's
message is received by the Congress;
(4) ``impoundment resolution'' means a
resolution of the House of Representatives or
the Senate which only expresses its disapproval
of a proposed deferral of budget authority set
forth in a special message transmitted by the
President under section 684 of this title; and
(5) continuity of a session of the Congress
shall be considered as broken only by an
adjournment of the Congress sine die, and the
days on which either House is not in session
because of an adjournment of more than 3 days to
a day certain shall be excluded in the
computation of the 45-day period referred to in
paragraph (3) of this section and in section 683
of this title, and the 25-day periods referred
to in sections 687 and 688(b)(1) of this title.
If a special message is transmitted under
section 683 of this title during any Congress
and the last session of such Congress adjourns
sine die before the expiration of 45 calendar
days of continuous session (or a special message
is so transmitted after the last session of the
Congress adjourns sine die), the message shall
be deemed to have been retransmitted on the
first day of the succeeding Congress and the 45-
day period referred to in paragraph (3) of this
section and in section 683 of this title (with
respect to such message) shall commence on the
day after such first day. (Pub.L. 93-344, Title
X, Sec. 1011, July 12, 1974, 88 Stat. 333.)
491 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 rescission or the reservation upon the
objects, purposes, and programs for which the
budget authority is provided.
(b) Requirement to make available for obligation
Any amount of budget authority proposed to be rescinded
or that is to be reserved as set forth in such special
message shall be made available for obligation unless,
within the prescribed 45-day period, the Congress has
completed action on a rescission bill rescinding all or part
of the amount proposed to be rescinded or that is to be
reserved. Funds made available for obligation under this
procedure may not be proposed for rescission again.
(Pub.L. 93-344, Title X, Sec. 1012, July 12, 1974, 88 Stat.
333; Pub.L. 100-119, Title II, Sec. 207, Sept. 29, 1987, 101
Stat. 786.)
492 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.
(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.)
493 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.
(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.)
494 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.)
495 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.)
496 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.
(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 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 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:
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, 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).
497 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.''
Chapter 19.--CONGRESSIONAL AWARD PROGRAM
Subchapter I.--Congressional Award Program
498 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.)
499 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 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.)
500 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.
(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--
(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, 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.)
501 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 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.)
502 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.)
503 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;
(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.
(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
(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.)
504 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.)
505 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
506 Sec. 811. Findings.
Congress makes the following findings:
(1) Arts literacy is a fundamental purpose
of schooling for all students.
(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.)
507 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.
(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.)
508 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.)
509 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;
(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
(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.
(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.)
510 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
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.
(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.)
511 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.
(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.)
512 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 reimbursement 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.)
513 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.)
514 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.)
515 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.)
Chapter 19A. John Heinz Competitive Excellence Award
516 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
(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 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
517 Sec. 900. Statement of budget enforcement through
sequestration; definitions.
(a) Omitted
(b) General statement of budget enforcement through
sequestration
This chapter provides for budget enforcement as called
for in House Concurrent Resolution 84 (105th Congress, 1st
session).
(c) Definitions
As used in this subchapter:
(1) The terms ``budget authority'', ``new
budget authority'', ``outlays'', and ``deficit''
have the meanings given to such terms in section
3 of the Congressional Budget and Impoundment
Control Act of 1974 [2 U.S.C.A. Sec. 622] and
``discretionary spending limit'' shall mean the
amounts specified in section 901 of this title.
(2) The terms ``sequester'' and
``sequestration'' refer to or mean the
cancellation of budgetary resources provided by
discretionary appropriations or direct spending
law.
(3) The term ``breach'' means, for any
fiscal year, the amount (if any) by which new
budget authority or outlays for that year
(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 ``nonsecurity category''
means all discretionary appropriations not
included in the security category defined in
subparagraph (B).
(B) The term ``security category''
includes discretionary appropriations
associated with agency budgets for the
Department of Defense, the Department of
Homeland Security, the Department of
Veterans Affairs, the National Nuclear
Security Administration, the intelligence
community management account (95-0401-0-1-
054), and all budget accounts in budget
function 150 (international affairs).
(C) The term ``discretionary category''
includes all discretionary appropriations.
(5) The term ``baseline'' means the
projection (described in section 907 of this
title) of current-year levels of new budget
authority, outlays, receipts, and the surplus or
deficit into the budget year and the outyears.
(6) The term ``budgetary resources'' means
new budget authority, unobligated balances,
direct spending authority, and obligation
limitations.
(7) The term ``discretionary
appropriations'' means budgetary resources
(except to fund direct-spending programs)
provided in appropriation Acts.
(8) The term ``direct spending'' means--
(A) budget authority provided by law
other than appropriation Acts;
(B) entitlement authority; and
(C) the Supplemental Nutrition
Assistance 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 a fiscal
year one or more years after 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 expenses of 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) The term ``emergency'' means a
situation that----
(A) requires new budget authority and
outlays (or new budget authority and the
outlays flowing therefrom) for the
prevention or mitigation of, or response to,
loss of life or property, or a threat to
national security; and
(B) is unanticipated.
(21) The term ``unanticipated'' means that
the underlying situation is----
(A) sudden, which means quickly coming
into being or not building up over time;
(B) urgent, which means a pressing and
compelling need requiring immediate action;
(C) unforeseen, which means not
predicted or anticipated as an emerging
need; and
(D) temporary, which means not of a
permanent duration. (Pub.L. 99-177, Title
II, Sec. 250, as added Pub.L. 101-508,
Title XIII, Sec. 13101(a), Nov. 5, 1990,
104 Stat. 1388-574, and Pub.L. 99-177, Title
II, Sec. 250(c)(21), formerly Sec.
257(12), as added Pub.L. 100-119, Title I,
Sec. 102(b)(7), Sept. 29, 1987, 101 Stat.
774; renumbered Sec. 250(c)(21), Pub.L.
101-508, Title XIII, Sec. 13101(b), Nov. 5,
1990, 104 Stat. 1388-589; amended Pub.L.
105-33, Title X, Sec. Sec. 10202,
10204(a)(2), 10208(a)(2), Aug. 5, 1997, 111
Stat. 697, 702, 708; 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; Pub.L. 111-139, Sec.
9(a), Feb. 12, 2010, 124 Stat. 21; Pub.L.
112-25, Title I, Sec. 102, Aug. 2, 2011,
125 Stat. 245.)
518 Sec. 901. Enforcing discretionary spending limits.
(a) Enforcement
(1) Sequestration
Within 15 calendar days after Congress
adjourns to end a session 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 enacted level of sequestrable
budgetary resources in that account at that time
by the uniform percentage necessary to eliminate
a breach within that category.
(3) Military personnel
If the President uses the authority to
exempt any personnel account 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 non-exempt
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 for that account.
(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 of 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 for that year (after taking
into account any prior sequestration of amounts
within that category), 15 days later there shall
be a sequestration to eliminate that breach
within that category following the procedures
set forth in paragraphs (2) through (4).
(7) Estimates
(A) CBO estimates
As soon as practicable after Congress
completes action on any discretionary
appropriation, CBO, after consultation with
the Committees on the Budget of the House of
Representatives and the Senate shall provide
OMB with an estimate of the amount of
discretionary new budget authority and
outlays for the current year, if any, and
the budget year provided by that
legislation.
(B) OMB estimates and explanation of
differences
Not later than 7 calendar days
(excluding Saturdays, Sundays, and legal
holidays) after the date of enactment of any
discretionary appropriation, OMB shall
transmit a report to the House of
Representatives and to the Senate containing
the CBO estimate of that legislation, an OMB
estimate of the amount of discretionary new
budget authority and outlays for the current
year, if any, and the budget year provided
by that legislation, and an explanation of
any difference between the 2 estimates. If
during the preparation of the report OMB
determines that there is a significant
difference between OMB and CBO, OMB shall
consult with the Committees on the Budget of
the House of Representatives and the Senate
regarding that difference and that
consultation shall include, to the extent
practicable, written communication to those
committees that affords such committees the
opportunity to comment before the issuance
of the report.
(C) Assumptions and guidelines
OMB estimates under this paragraph shall
be made using current economic and technical
assumptions. OMB shall use the OMB estimates
transmitted to the Congress under this
paragraph. OMB and CBO shall prepare
estimates under this paragraph in
conformance with scorekeeping guidelines
determined after consultation among the
Committees on the Budget of the House of
Representatives and the Senate, CBO, and
OMB.
(D) Annual appropriations
For purposes of this paragraph, amounts
provided by annual appropriations shall
include any discretionary appropriations 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) 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.
(2) Sequestration reports
When OMB submits a sequestration report
under section 904(e), (f), or (g) of this
title for a fiscal year, OMB shall
calculate, and the sequestration report and
subsequent budgets submitted by the
President under section 1105(a) of Title 31
shall include adjustments to discretionary
spending limits (and those limits as
adjusted) for the fiscal year and each
succeeding year, as follows:
(A) Emergency appropriations; Overseas
Contingency Operations/Global War on Terrorism
If, for any fiscal year, appropriations
for discretionary accounts are enacted
that----
(i) the Congress designates as emergency
requirements in statute on an account by
account basis and the President subsequently
so designates, or
(ii) the Congress designates for
Overseas Contingency Operations/Global War
on Terrorism in statute on an account by
account basis and the President subsequently
so designates,
the adjustment shall be the total of
such appropriations in discretionary
accounts designated as emergency
requirements or for Overseas Contingency
Operations/Global War on Terrorism, as
applicable.
(B) Continuing disability reviews and
redeterminations
(i) If a bill or joint resolution making
appropriations for a fiscal year is enacted
that specifies an amount for continuing
disability reviews under titles II and XVI
of the Social Security Act and for the cost
associated with conducting redeterminations
of eligibility under title XVI of the Social
Security Act, then the adjustments for that
fiscal year shall be the additional new
budget authority provided in that Act for
such expenses for that fiscal year, but
shall not exceed----
(I) for fiscal year 2012,
$623,000,000 in additional new
budget authority;
(II) for fiscal year 2013,
$751,000,000 in additional new
budget authority;
(III) for fiscal year 2014,
$924,000,000 in additional new
budget authority;
(IV) for fiscal year 2015,
$1,123,000,000 in additional new
budget authority;
(V) for fiscal year 2016,
$1,166,000,000 in additional new
budget authority;
(VI) for fiscal year 2017,
$1,309,000,000 in additional new
budget authority;
(VII) for fiscal year 2018,
$1,309,000,000 in additional new
budget authority;
(VIII) for fiscal year 2019,
$1,309,000,000 in additional new
budget authority;
(IX) for fiscal year 2020,
$1,309,000,000 in additional new
budget authority; and
(X) for fiscal year 2021,
$1,309,000,000 in additional new
budget authority.
(ii) As used in this subparagraph----
(I) the term ``continuing
disability reviews'' means
continuing disability reviews under
sections 221(i) and 1614(a)(4) of
the Social Security Act;
(II) the term
``redetermination'' means
redetermination of eligibility under
sections 1611(c)(1) and
1614(a)(3)(H) of the Social Security
Act; and
(III) the term ``additional new
budget authority'' means the amount
provided for a fiscal year, in
excess of $273,000,000, in an
appropriation Act and specified to
pay for the costs of continuing
disability reviews and
redeterminations under the heading
`Limitation on Administrative
Expenses' for the Social Security
Administration.
(C) Health care fraud and abuse control
(i) If a bill or joint resolution making
appropriations for a fiscal year is enacted
that specifies an amount for the health care
fraud abuse control program at the
Department of Health and Human Services (75-
8393-0-7-571), then the adjustments for that
fiscal year shall be the amount of
additional new budget authority provided in
that Act for such program for that fiscal
year, but shall not exceed----
(I) for fiscal year 2012,
$270,000,000 in additional new
budget authority;
(II) for fiscal year 2013,
$299,000,000 in additional new
budget authority;
(III) for fiscal year 2014,
$329,000,000 in additional new
budget authority;
(IV) for fiscal year 2015,
$361,000,000 in additional new
budget authority;
(V) for fiscal year 2016,
$395,000,000 in additional new
budget authority;
(VI) for fiscal year 2017,
$414,000,000 in additional new
budget authority;
(VII) for fiscal year 2018,
$434,000,000 in additional new
budget authority;
(VIII) for fiscal year 2019,
$454,000,000 in additional new
budget authority;
(IX) for fiscal year 2020,
$475,000,000 in additional new
budget authority; and
(X) for fiscal year 2021,
$496,000,000 in additional new
budget authority.
(ii) As used in this subparagraph, the
term ``additional new budget authority''
means the amount provided for a fiscal year,
in excess of $311,000,000, in an
appropriation Act and specified to pay for
the costs of the health care fraud and abuse
control program.
(D) Disaster funding
(i) If, for fiscal years 2012 through
2021, appropriations for discretionary
accounts are enacted that Congress
designates as being for disaster relief in
statute, the adjustment for a fiscal year
shall be the total of such appropriations
for the fiscal year in discretionary
accounts designated as being for disaster
relief, but not to exceed the total of----
(I) the average funding provided
for disaster relief over the
previous 10 years, excluding the
highest and lowest years; and
(II) the amount, for years when
the enacted new discretionary budget
authority designated as being for
disaster relief for the preceding
fiscal year was less than the
average as calculated in subclause
(I) for that fiscal year, that is
the difference between the enacted
amount and the allowable adjustment
as calculated in such subclause for
that fiscal year.
(ii) OMB shall report to the Committees
on Appropriations and Budget in each House
the average calculated pursuant to clause
(i)(II), not later than 30 days after August
2, 2011.
(iii) For the purposes of this
subparagraph, the term ``disaster relief''
means activities carried out pursuant to a
determination under section 5122(2) of Title
42.
(iv) Appropriations considered disaster
relief under this subparagraph in a fiscal
year shall not be eligible for adjustments
under subparagraph (A) for the fiscal year.
(c) Discretionary spending limit
As used in this part, the term ``discretionary spending
limit'' means----
(1) with respect to fiscal year 2012----
(A) for the security category,
$684,000,000,000 in new budget authority;
and
(B) for the nonsecurity category,
$359,000,000,000 in new budget authority;
(2) for fiscal year 2013----
(A) for the security category, as
defined in section 250(c)(4)(B),
$684,000,000,000 in budget authority; and
(B) for the nonsecurity category, as
defined in section 250(c)(4)(A),
$359,000,000,000 in budget authority;
(3) for fiscal year 2014----
(A) for the security category,
$552,000,000,000 in budget authority; and
(B) for the nonsecurity category,
$506,000,000,000 in budget authority;
(4) with respect to fiscal year 2015, for
the discretionary category, $1,086,000,000,000
in new budget authority;
(5) with respect to fiscal year 2016, for
the discretionary category, $1,107,000,000,000
in new budget authority;
(6) with respect to fiscal year 2017, for
the discretionary category, $1,131,000,000,000
in new budget authority;
(7) with respect to fiscal year 2018, for
the discretionary category, $1,156,000,000,000
in new budget authority;
(8) with respect to fiscal year 2019, for
the discretionary category, $1,182,000,000,000
in new budget authority;
(9) with respect to fiscal year 2020, for
the discretionary category, $1,208,000,000,000
in new budget authority; and
(10) with respect to fiscal year 2021, for
the discretionary category, $1,234,000,000,000
in new budget authority; as adjusted in strict
conformance with subsection (b).
(Pub.L. 99-177, Title II, Sec. 251, Dec. 12, 1985, 99 Stat.
1063; Pub.L. 100-119, Title I, Sec. 102(a), Sept. 29, 1987,
101 Stat. 754; Pub.L. 100-203, Title VIII, Sec. 8003(f),
Dec. 22, 1987, 101 Stat. 1330-282; Pub.L. 101-508, Title
XIII, Sec. 13101(a), (e)(2), Nov. 5, 1990, 104 Stat. 1388-
577, 1388-593; Pub.L. 103-66, Title XIV, Sec. 14002(c)(1),
Aug. 10, 1993, 107 Stat. 683; Pub.L. 103-87, Title V, Sec.
571, Sept. 30, 1993, 107 Stat. 971; Pub.L. 103-306, Title V,
Sec. 562, Aug. 23, 1994, 108 Stat. 1649; Pub.L. 103-354,
Title I, Sec. 119(d)(1), Oct. 13, 1994, 108 Stat. 3208;
Pub.L. 104-121, Title I, Sec. 103(b), Mar. 29, 1996, 110
Stat. 848; Pub.L. 104-193, Title II, Sec. 211(d)(5)(B),
Aug. 22, 1996, 110 Stat. 2191; Pub.L. 104-208, Div. A, Title
I, Sec. 101(c) [Title V, Sec. 577], Sept. 30, 1996, 110
Stat. 3009-121, 3009-169; Pub.L. 105-33, Title X, Sec.
10203(a), (b), Aug. 5, 1997, 111 Stat. 698, 701; Pub.L. 105-
89, Title II, Sec. 201(b)(1), Nov. 19, 1997, 111 Stat.
2125; Pub.L. 105-178, Title VIII, Sec. 8101(a), (d), June
9, 1998, 112 Stat. 488, 490; 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; Pub.L. 112-25, Title I,
Sec. 101, Aug. 2, 2011, 125 Stat. 241; Pub.L. 112-240,
Title IX, Sec. 901(d)(1), Jan. 2, 2013, 126 Stat. 2370.)
519 Sec. 901a. Enforcement of budget goal
Unless a joint committee bill achieving an amount
greater than $1,200,000,000,000 in deficit reduction as
provided in section 401(b)(3)(B)(i)(II) of the Budget
Control Act of 2011 is enacted by January 15, 2012, the
discretionary spending limits listed in section 901(c) of
this title shall be revised, and discretionary
appropriations and direct spending shall be reduced, as
follows:
(1) Revised security category; revised nonsecurity
category
(A) The term ``revised security
category'' means discretionary
appropriations in budget function 050.
(B) The term ``revised nonsecurity
category'' means discretionary
appropriations other than in budget function
050.
(2) Revised discretionary spending limits
The discretionary spending limits for fiscal
years 2013 through 2021 under section 901(c) of
this title shall be replaced with the following:
(A) For fiscal year 2013----
(i) for the security
category, $546,000,000,000
in budget authority; and
(ii) for the nonsecurity
category, $501,000,000,000
in budget authority.
(B) For fiscal year 2014----
(i) for the security
category, $556,000,000,000
in budget authority; and
(ii) for the nonsecurity
category, $510,000,000,000
in budget authority.
(C) For fiscal year 2015----
(i) for the security
category, $566,000,000,000
in budget authority; and
(ii) for the nonsecurity
category, $520,000,000,000
in budget authority.
(D) For fiscal year 2016----
(i) for the security
category, $577,000,000,000
in budget authority; and
(ii) for the nonsecurity
category, $530,000,000,000
in budget authority.
(E) For fiscal year 2017----
(i) for the security
category, $590,000,000,000
in budget authority; and
(ii) for the nonsecurity
category, $541,000,000,000
in budget authority.
(F) For fiscal year 2018----
(i) for the security
category, $603,000,000,000
in budget authority; and
(ii) for the nonsecurity
category, $553,000,000,000
in budget authority.
(G) For fiscal year 2019----
(i) for the security
category, $616,000,000,000
in budget authority; and
(ii) for the nonsecurity
category, $566,000,000,000
in budget authority.
(H) For fiscal year 2020----
(i) for the security
category, $630,000,000,000
in budget authority; and
(ii) for the nonsecurity
category, $578,000,000,000
in budget authority.
(I) For fiscal year 2021----
(i) for the security
category, $644,000,000,000
in budget authority; and
(ii) for the nonsecurity
category, $590,000,000,000
in budget authority.
(3) Calculation of total deficit reduction
OMB shall calculate the amount of the
deficit reduction required by this section for
each of fiscal years 2013 through 2021 by----
(A) starting with $1,200,000,000,000;
(B) subtracting the amount of deficit
reduction achieved by the enactment of a
joint committee bill, as provided in section
401(b)(3)(B)(i)(II) of the Budget Control
Act of 2011;
(C) reducing the difference by 18
percent to account for debt service;
(D) dividing the result by 9; and
(E) for fiscal year 2013, reducing the
amount calculated under subparagraphs (A)
through (D) by $24,000,000,000.
(4) Allocation to functions
On March 1, 2013, for fiscal year 2013, and
in its sequestration preview report for fiscal
years 2014 through 2021 pursuant to section
904(c) of this title, OMB shall allocate half of
the total reduction calculated pursuant to
paragraph (3) for that year to discretionary
appropriations and direct spending accounts
within function 050 (defense function) and half
to accounts in all other functions (nondefense
functions).
(5) Defense function reduction
OMB shall calculate the reductions to
discretionary appropriations and direct spending
for each of fiscal years 2013 through 2021 for
defense function spending as follows:
(A) Discretionary
OMB shall calculate the reduction to
discretionary appropriations by----
(i) taking the total
reduction for the defense
function allocated for that
year under paragraph (4);
(ii) multiplying by the
discretionary spending limit
for the revised security
category for that year; and
(iii) dividing by the
sum of the discretionary
spending limit for the
security category and OMB's
baseline estimate of
nonexempt outlays for direct
spending programs within the
defense function for that
year.
(B) Direct spending
OMB shall calculate the reduction to direct
spending by taking the total reduction for the
defense function required for that year under
paragraph (4) and subtracting the discretionary
reduction calculated pursuant to subparagraph
(A).
(6) Nondefense function reduction
OMB shall calculate the reduction to
discretionary appropriations and to direct
spending for each of fiscal years 2013 through
2021 for programs in nondefense functions as
follows:
(A) Discretionary
OMB shall calculate the reduction to
discretionary appropriations by----
(i) taking the total
reduction for nondefense
functions allocated for that
year under paragraph (4);
(ii) multiplying by the
discretionary spending limit
for the revised nonsecurity
category for that year; and
(iii) dividing by the
sum of the discretionary
spending limit for the
revised nonsecurity category
and OMB's baseline estimate
of nonexempt outlays for
direct spending programs in
nondefense functions for
that year.
(B) Direct spending
OMB shall calculate the reduction to direct
spending programs by taking the total reduction
for nondefense functions required for that year
under paragraph (4) and subtracting the
discretionary reduction calculated pursuant to
subparagraph (A).
(7) Implementing discretionary reductions
(A) Fiscal year 2013
On March 1, 2013, for fiscal year 2013, OMB
shall calculate and the President shall order a
sequestration, effective upon issuance and under
the procedures set forth in section 903(f) of
this title, to reduce each account within the
security category or nonsecurity category by a
dollar amount calculated by multiplying the
baseline level of budgetary resources in that
account at that time by a uniform percentage
necessary to achieve----
(i) for the revised
security category, an amount
equal to the defense
function discretionary
reduction calculated
pursuant to paragraph (5);
and
(ii) for the revised
nonsecurity category, an
amount equal to the
nondefense function
discretionary reduction
calculated pursuant to
paragraph (6).
(B) Fiscal years 2014-2021
On the date of the submission of its
sequestration preview report for fiscal years
2014 through 2021 pursuant to section 904(c) of
this title for each of fiscal years 2014 through
2021, OMB shall reduce the discretionary
spending limit----
(i) for the revised
security category by the
amount of the defense
function discretionary
reduction calculated
pursuant to paragraph (5);
and
(ii) for the revised
nonsecurity category by the
amount of the nondefense
function discretionary
reduction calculated
pursuant to paragraph (6).
(8) Implementing direct spending reductions
On the date specified in paragraph (4)
during each applicable year, OMB shall prepare
and the President shall order a sequestration,
effective upon issuance, of nonexempt direct
spending to achieve the direct spending
reduction calculated pursuant to paragraphs (5)
and (6). When implementing the sequestration of
direct spending pursuant to this paragraph, OMB
shall follow the procedures specified in section
935 of this title, the exemptions specified in
section 905 of this title, and the special rules
specified in section 906 of this title, except
that the percentage reduction for the Medicare
programs specified in section 906(d) of this
title shall not be more than 2 percent for a
fiscal year.
(9) Adjustment for Medicare
If the percentage reduction for the Medicare
programs would exceed 2 percent for a fiscal
year in the absence of paragraph (8), OMB shall
increase the reduction for all other
discretionary appropriations and direct spending
under paragraph (6) by a uniform percentage to a
level sufficient to achieve the reduction
required by paragraph (6) in the non-defense
function.
(10) Implementation of reductions
Any reductions imposed under this section
shall be implemented in accordance with section
906(k) of this title.
(11) Report
On the dates specified in paragraph (4), OMB
shall submit a report to Congress containing
information about the calculations required
under this section, the adjusted discretionary
spending limits, a listing of the reductions
required for each nonexempt direct spending
account, and any other data and explanations
that enhance public understanding of this title
and actions taken under it. (Pub.L. 99-177,
Title II, Sec. 251A, as added Pub.L. 112-25,
Title III, Sec. 302(a), Aug. 2, 2011, 125 Stat.
256; amended Pub.L. 112-240, Title IX,
Sec. 901(a), (c), Jan. 2, 2013, 126 Stat. 2370.)
Prior Provisions
A prior section 901a, Pub.L. 99-177, Title
II, Sec. 251A, as added Pub.L. 103-322, Title
XXXI, Sec. 310001(g)(1), Sept. 13, 1994, 108
Stat. 2104, which related to sequestration with
respect to Violent Crime Reduction Trust Fund,
was repealed by Pub.L. 105-33, Title X,
Sec. 10204(a)(1), Aug. 5, 1997, 111 Stat. 702.
520 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 necessary)
to a level sufficient to achieve the
required reduction in direct spending.
(ii) For purposes of determining
reductions under clause (i), outlay
reductions (as a result of sequestration of
Commodity Credit Corporation commodity price
support contracts in the fiscal year of a
sequestration) that would occur in the
following fiscal year shall be credited as
outlay reductions in the fiscal year of the
sequestration.
(2) For purposes of this subsection, accounts shall be
assumed to be at the level in the baseline.
(d) Estimates
(1) CBO estimates
As soon as practicable after Congress
completes action on any direct spending or
receipts legislation, CBO shall provide an
estimate to OMB of that legislation.
(2) OMB estimates
Not later than 7 calendar days (excluding
Saturdays, Sundays, and legal holidays) after
the date of enactment of any direct spending or
receipts legislation, OMB shall transmit a
report to the House of Representatives and to
the Senate containing--
(A) the CBO estimate of that
legislation;
(B) an OMB estimate of that legislation
using current economic and technical
assumptions; and
(C) an explanation of any difference
between the 2 estimates.
(3) Significant differences
If during the preparation of the report
under paragraph (2) OMB determines that there is
a significant difference between the OMB and CBO
estimates, OMB shall consult with the Committees
on the Budget of the House of Representatives
and the Senate regarding that difference and
that consultation, to the extent practicable,
shall include written communication to such
committees that affords such committees the
opportunity to comment before the issuance of
that report.
(4) Scope of estimates
The estimates under this section shall
include the amount of change in outlays or
receipts for the current year (if applicable),
the budget year, and each outyear excluding any
amounts resulting from--
(A) full finding of, and continuation
of, the deposit insurance guarantee
commitment in effect under current
estimates; and
(B) emergency provisions as designated
under subsection (e) of this section.
(5) Scorekeeping guidelines
OMB and CBO, after consultation with each
other and the Committees on the Budget of the
House of Representatives and the Senate, shall--
(A) determine common scorekeeping
guidelines; and
(B) in conformance with such guidelines,
prepare estimates under this section.
(e) Emergency legislation
If a provision of direct spending or receipts legislation is
enacted that the President designates as an emergency
requirement and that the Congress so designates in statute,
the amounts of new budget authority, outlays, and receipts
in all fiscal years resulting from that provision shall be
designated as an emergency requirement in the reports
required under subsection (d) of this section. This
subsection shall not apply to direct spending provisions to
cover agricultural crop disaster assistance. (Pub.L. 99-177,
Title II, Sec. 252, Dec. 12, 1985, 99 Stat. 1072; Pub.L.
100-119, Title I, Sec. 102(a), Sept. 29, 1987, 101 Stat.
764; Pub.L. 100-203, Title VIII, Sec. 8003(e), Dec. 22,
1987, 101 Stat. 1330-282; Pub.L. 101-508, Title XIII,
Sec. 13101(a), Nov. 5, 1990, 104 Stat. 1388-581; Pub.L. 103-
354, Title I, Sec. 119(d)(2), Oct. 13, 1994, 108 Stat. 3208;
Pub.L. 105-33, Title X, Sec. 10205, Aug. 5, 1997, 111 Stat.
702.)
521 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:
(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 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 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.)
522 Sec. 904. Reports and orders.
(a) Timetable
The timetable with respect to this subchapter for any
budget year is as follows:
------------------------------------------------------------------------
Date Action to be completed
------------------------------------------------------------------------
January 21........................... Notification regarding optional
adjustment of maximum deficit
amount.
5 days before the President's budget CBO sequestration preview report.
submission.
The President's budget submission.... OMB sequestration preview report.
August 10............................ Notification regarding military
personnel.
August 15............................ CBO sequestration update report.
August 20............................ OMB sequestration update report.
10 days after end of session......... CBO final sequestration report.
15 days after end of session......... OMB final sequestration report;
Presidential order.
------------------------------------------------------------------------
(b) Submission and availability of reports
Each report required by this section shall be submitted,
in the case of CBO, to the House of Representatives, the
Senate and OMB and, in the case of OMB, to the House of
Representatives, the Senate, and the President on the day it
is issued. On the following day a notice of the report shall
be printed in the Federal Register.
(c) Sequestration preview reports
(1) Reporting requirement
On the dates specified in subsection (a) of
this section, OMB and CBO shall issue a preview
report regarding discretionary, pay-as-you-go,
and deficit sequestration based on laws enacted
through those dates.
(2) Discretionary sequestration report
The preview reports shall set forth
estimates for the current year and each
subsequent year through 2021 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 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 update
report, reflecting laws enacted through those dates,
containing all of the information required in the
sequestration preview reports. This report shall also
contain a preview estimate of the adjustment for disaster
funding for the upcoming fiscal year.
(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 2021 the applicable
discretionary spending limits for each
category and an explanation of any
adjustments in such limits under section 901
of this title, including a final estimate of
the adjustment for disaster funding.
(B) For the current year and the budget
year the estimated new budget authority and
outlays for each category and the breach, if
any, in each category.
(C) For each category for which a
sequestration is required, the sequestration
percentages necessary to achieve the
required reduction.
(D) For the budget year, for each
account to be sequestered, estimates of the
baseline level of sequestrable budgetary
resources and resulting outlays and the
amount of budgetary resources to be
sequestered and resulting outlay reductions.
(3) Pay-as-you-go and deficit sequestration reports
The final reports shall contain all the
information required in the pay-as-you-go and
deficit sequestration preview reports. In
addition, these reports shall contain, for the
budget year, for each account to be sequestered,
estimates of the baseline level of sequestrable
budgetary resources and resulting outlays and
the amount of budgetary resources to be
sequestered and resulting outlay reductions. The
reports shall also contain estimates of the
effects on outlays of the sequestration in each
outyear for direct spending programs.
(4) Explanation of differences
The OMB report shall explain any differences
between OMB and CBO estimates of the amount of
any net deficit change calculated under
subsection 902(b) of this title, any excess
deficit, any breach, and any required
sequestration percentage. The OMB report shall
also explain differences in the amount of
sequestrable resources for any budget account to
be reduced if such difference is greater than
$5,000,000.
(5) Presidential order
On the date specified in subsection (a) of
this section, if in its final sequestration
report OMB estimates that any sequestration is
required, the President shall issue an order
fully implementing without change all
sequestrations required by the OMB calculations
set forth in that report. This order shall be
effective on issuance.
(g) Within-session sequestration reports and order
If an appropriation for a fiscal year in progress is
enacted (after Congress adjourns to end the session for that
budget year and before July 1 of that fiscal year) that
causes a breach, 10 days later CBO shall issue a report
containing the information required in paragraph\1\ (f)(2).
Fifteen days after enactment, OMB shall issue a report
containing the information required in paragraphs\1\ (f)(2)
and (f)(4). On the same day as the OMB report, the President
shall issue an order fully implementing without change all
sequestrations required by the OMB calculations set forth in
that report. This order shall be effective on issuance.
\1\So in original. Probably 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 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; Pub.L.
112-25, Title I, Sec. 103, Aug. 2, 2011, 125 Stat. 246.)
523 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
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);
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;
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
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--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).
524 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 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. 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,
(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)]),
(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.
(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
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.)
525 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.
(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 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.)
526 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.
527 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.
528 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.
529 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.
Subchapter II.--Operation and Review
530 Sec. 921. Transferred.
531 Sec. 922. Judicial review.
(a) Expedited review
(1) Any Member of Congress may bring an action, in the
United States District Court for the District of Columbia,
for declaratory judgment and injunctive relief on the ground
that any order that might be issued pursuant to section 904
of this title violates the Constitution.
(2) Any Member of Congress, or any other person
adversely affected by any action taken under this title, may
bring an action, in the United States District Court for the
District of Columbia, for declaratory judgment and
injunctive relief concerning the constitutionality of this
title.
(3) Any Member of Congress may bring an action, in the
United States District Court for the District of Columbia,
for declaratory and injunctive relief on the ground that the
terms of an order issued under section 904 of this title do
not comply with the requirements of this title.
(4) A copy of any complaint in an action brought under
paragraph (1), (2), or (3) shall be promptly delivered to
the Secretary of the Senate and the Clerk of the House of
Representatives, and each House of Congress shall have the
right to intervene in such action.
(5) Any action brought under paragraph (1), (2), or (3)
shall be heard and determined by a three-judge court in
accordance with section 2284 of Title 28.
Nothing in this section or in any other law shall infringe
upon the right of the House of Representatives to intervene
in an action brought under paragraph (1), (2), or (3)
without the necessity of adopting a resolution to authorize
such intervention.
(b) Appeal to Supreme Court
Notwithstanding any other provision of law, any order of
the United States District Court for the District of
Columbia which is issued pursuant to an action brought under
paragraph (1), (2), or (3) of subsection (a) of this section
shall be reviewable by appeal directly to the Supreme Court
of the United States. Any such appeal shall be taken by a
notice of appeal filed within 10 days after such order is
entered; and the jurisdictional statement shall be filed
within 30 days after such order is entered. No stay of an
order issued pursuant to an action brought under paragraph
(1), (2), or (3) of subsection (a) of this section shall be
issued by a single Justice of the Supreme Court.
(c) Expedited consideration
It shall be the duty of the District Court for the
District of Columbia and the Supreme Court of the United
States to advance on the docket and to expedite to the
greatest possible extent the disposition of any matter
brought under subsection (a) of this section.
(d) Noncompliance with sequestration procedures
(1) If it is finally determined by a court of competent
jurisdiction that an order issued by the President under
section 904 of this title for any fiscal year--
(A) does not reduce automatic spending
increases under any program specified in section
906(a) of this title if such increases are
required to be reduced by subchapter I of this
chapter (or reduces such increases by a greater
extent than is so required), or
(B) does not sequester the amount of
budgetary resources which is required to be
sequestered by subchapter I of this chapter (or
sequesters more than that amount) with respect
to any program, project, activity, or amount,
the President shall, within 20 days after such determination
is made, revise the order in accordance with such
determination.
(2) If the order issued by the President under section
904 of this title for any fiscal year--
(A) does not reduce any automatic spending
increase to the extent that such increase is
required to be reduced by subchapter I of this
chapter,
(B) does not sequester any amount of new
budget authority, new loan guarantee
commitments, new direct loan obligations, or
spending authority which is required to be
sequestered by subchapter I of this chapter, or
(C) does not reduce any obligation
limitation by the amount by which such
limitation is required to be reduced under
subchapter I of this chapter,
on the claim or defense that the constitutional powers of
the President prevent such sequestration or reduction or
permit the avoidance of such sequestration or reduction, and
such claim or defense is finally determined by the Supreme
Court of the United States to be valid, then the entire
order issued pursuant to section 904 of this title for such
fiscal year shall be null and void.
(e) Timing of relief
No order of any court granting declaratory or injunctive
relief from the order of the President issued under section
904 of this title, including but not limited to relief
permitting or requiring the expenditure of funds sequestered
by such order, shall take effect during the pendency of the
action before such court, during the time appeal may be
taken, or, if appeal is taken, during the period before the
court to which such appeal is taken has entered its final
order disposing of such action.
(f) Preservation of other rights
The rights created by this section are in addition to
the rights of any person under law, subject to subsection
(e) of this section.
(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.)
532 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 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 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
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 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
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 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.)
533 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
534 Sec. 1101. Congressional findings.
The Congress makes the following findings:
(1) Senator John C. Stennis of the State of
Mississippi has served his State and country
with distinction for more than 60 years as a
public servant, including service in the United
States Senate for a period of 41 years.
(2) Senator Stennis has a distinguished
record as a United States Senator, including
service as the first Chairman of the Select
Committee on Ethics, Chairman of the Committee
on Armed Services, Chairman of the Committee on
Appropriations, and President pro tempore of the
Senate.
(3) Senator Stennis has long maintained a
special interest in and devotion to the
development of leadership and excellence in
public service.
(4) There is a compelling need to encourage
outstanding young people to pursue public
service on a career basis and to provide public
service leadership training opportunities for
individuals serving in State and local
governments and for individuals serving as
employees of Members of Congress.
(5) It would be a fitting tribute to Senator
Stennis and to his leadership, integrity, and
years of devoted public service to establish in
his name a center for the training and
development of leadership excellence in public
service. (Pub.L. 100-458, Title I, Sec. 112,
Oct. 1, 1988, 102 Stat. 2172.)
535 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.)
536 Sec. 1103. Establishment of the John C. Stennis Center for
Public Service Training and Development.
(a) Establishment.--There is established in the
legislative branch of the Government a center to be known as
the ``John C. Stennis Center for Public Service Training and
Development''.
(b) Board of Trustees.--The Center shall be subject to
the supervision and direction of a Board of Trustees. The
Board shall be composed of seven members, as follows:
(1) Two members to be appointed by the
majority leader of the Senate.
(2) One member to be appointed by the
minority leader of the Senate.
(3) Two members to be appointed by the
Speaker of the House of Representatives.
(4) One member to be appointed by the
minority leader of the House of Representatives.
(5) The Executive Director of the Center,
who shall serve as an ex-officio member of the
Board.
(c) Term of Office.--The term of office of each member
of the Board appointed under paragraphs (1), (2), (3), and
(4) of subsection (b) shall be six years, except that--
(1) the members first appointed under
paragraphs (1) and (2) shall serve, as
designated by the majority leader of the Senate,
one for a term of two years, one for a term of
four years, and one for a term of six years;
(2) the members first appointed under
paragraphs (3) and (4) shall serve, as
designated by the Speaker of the House of
Representatives, one for a term of two years,
one for a term of four years, and one for a term
of six years; and
(3) a member appointed to fill a vacancy
shall serve for the remainder of the term for
which his predecessor was appointed and shall be
appointed in the same manner as the original
appointment for that vacancy was made.
(d) Travel and Subsistence Pay.--Members of the Board
(other than the Executive Director) shall serve without pay,
but shall be entitled to reimbursement for travel,
subsistence, and other necessary expenses incurred in the
performance of their duties.
(e) Location of Center.--The Center shall be located at
or near Starkville, Mississippi, the location of Mississippi
State University. (Pub.L. 100-458, Title I, Sec. 114, Oct.
1, 1988, 102 Stat. 2173.)
537 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 amount of funds to be allocated
for such programs. (Pub.L. 100-458, Title I, Sec. 115, Oct.
1, 1988, 102 Stat. 2173.)
538 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.)
539 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 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.)
540 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.)
541 Sec. 1108. Administrative provisions.
(a) In general.--In order to carry out the provisions of
this subtitle, the Center may--
(1) appoint and fix the compensation of such
personnel as may be necessary to carry out the
provisions of this subtitle, except that in no
case shall employees other than the Executive
Director be compensated at a rate to exceed the
maximum rate for employees in grade GS-15 of the
General Schedule under section 5332 of Title 5,
United States Code;
(2) procure temporary and intermittent
services of experts and consultants as are
necessary to the extent authorized by section
3109 of Title 5, United States Code, but at
rates not to exceed the rate specified at the
time of such service for grade GS-18 under
section 5332 of such title;
(3) prescribe such regulations as it
considers necessary governing the manner in
which its functions shall be carried out;
(4) solicit and receive money and other
property donated, bequeathed, or devised,
without condition or restriction other than it
be used for the purposes of the Center, and to
use, sell, or otherwise dispose of such property
for the purpose of carrying out its functions;
(5) accept and utilize the services of
voluntary and noncompensated personnel and
reimburse them for travel expenses, including
per diem, as authorized by section 5703 of Title
5, United States Code;
(6) enter into contracts, grants, or other
arrangements, or modifications thereof, to carry
out the provisions of this subtitle, and such
contracts or modifications thereof may, with the
concurrence of two-thirds of the members of the
Board, be entered into without performance or
other bonds, and without regard to section 3709
of the Revised Statutes (41 U.S.C. 5);
(7) make expenditures for official reception
and representation expenses as well as
expenditures for meals, entertainment and
refreshments in connection with official
training sessions or other authorized programs
or activities;
(8) apply for, receive and use for the
purposes of the Center grants or other
assistance from Federal sources;
(9) establish, receive and use for the
purposes of the Center fees or other charges for
goods or services provided in fulfilling the
Center's purposes to persons not enumerated in
section 1104(b) of this title;
(10) invest, as specified in section 1105(b)
of this title, moneys authorized to be received
under this section; and
(11) make other necessary expenditures.
(b) Annual Report.--The Center shall submit to Congress
an annual report of its operations under this subtitle.
(Pub.L. 100-458, Title I, Sec. 119, Oct. 1, 1988, 102 Stat.
2176; Pub.L. 101-163, Title III, Sec. 320, Nov. 21, 1989,
103 Stat. 1068; Pub.L. 101-520, Title III, Sec. 313(c), Nov.
5, 1990, 104 Stat. 2282.)
Cross Reference
Authority of the Library of Congress to provide
financial services, see section 142j of Title 2, United
States Code (Senate Manual Section 316).
542 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.)
543 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
544 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.
(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
(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
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
545 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
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.
(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
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.
(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''.
(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
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.
(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.)
Chapter 24.--CONGRESSIONAL ACCOUNTABILITY
Subchapter I.--General
546 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;
(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.)
547 Sec. 1302. Application of laws.
(a) Laws made applicable
The following laws shall apply, as prescribed by this
chapter, to the legislative branch of the Federal
Government:
(1) The Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.).
(2) Title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.).
(3) The Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.)
(4) The Age Discrimination in Employment Act
of 1967 (29 U.S.C. 621 et seq.).
(5) The Family and Medical Leave Act of 1993
(29 U.S.C. 2611 et seq.).
(6) The Occupational Safety and Health Act
of 1970 (29 U.S.C. 651 et seq.).
(7) Chapter 71 (relating to Federal service
labor-management relations) of Title 5.
(8) The Employee Polygraph Protection Act of
1988 (29 U.S.C. 2001 et seq.).
(9) The Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2101 et seq.).
(10) The Rehabilitation Act of 1973 (29
U.S.C. 701 et seq.).
(11) Chapter 43 (relating to veterans'
employment and reemployment) of Title 38.
(b) Laws which may be made applicable
(1) In general
The Board shall review provisions of Federal
law (including regulations) relating to (A) the
terms and conditions of employment (including
hiring, promotion, demotion, termination,
salary, wages, overtime compensation, benefits,
work assignments or reassignments, grievance and
disciplinary procedures, protection from
discrimination in personnel actions,
occupational health and safety, and family and
medical and other leave) of employees, and (B)
access to public services and accommodations.
(2) Board report
Beginning on December 31, 1996, and every 2
years thereafter, the Board shall report on (A)
whether or to what degree the provisions
described in paragraph (1) are applicable or
inapplicable to the legislative branch, and (B)
with respect to provisions inapplicable to the
legislative branch, whether such provisions
should be made applicable to the legislative
branch. The presiding officers of the House of
Representatives and the Senate shall cause each
such report to be printed in the Congressional
Record and each such report shall be referred to
the committees of the House of Representatives
and the Senate with jurisdiction.
(3) Reports of congressional committees
Each report accompanying any bill or joint
resolution relating to terms and conditions of
employment or access to public services or
accommodations reported by a committee of the
House of Representatives or the Senate shall--
(A) describe the manner in which the
provisions of the bill or joint resolution
apply to the legislative branch; or
(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
548 Sec. 1311. Rights and protections under Title VII of the
Civil Rights Act of 1964, the Age Discrimination in
Employment Act of 1967, the Rehabilitation Act of 1973,
and Title I of the Americans With Disabilities Act of
1990.
(a) Discriminatory practices prohibited
All personnel actions affecting covered employees shall
be made free from any discrimination based on--
(1) race, color, religion, sex, or national
origin, within the meaning of section 703 of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-2);
(2) age, within the meaning of section 15 of
the Age Discrimination in Employment Act of 1967
(29 U.S.C. 633a); or
(3) disability, within the meaning of
section 501 of the Rehabilitation Act of 1973
(29 U.S.C. 791) and sections 102 through 104 of
the Americans with Disabilities Act of 1990 (42
U.S.C. 12112-12114).
(b) Remedy
(1) Civil rights
The remedy for a violation of subsection
(a)(1) of this section shall be--
(A) such remedy as would be appropriate
if awarded under section 706(g) of the Civil
Rights Act of 1964 (42 U.S.C. 2000e5(g));
and
(B) such compensatory damages as would
be appropriate if awarded under section 1977
of the Revised Statutes (42 U.S.C. 1981), or
as would be appropriate if awarded under
sections 1977A(a)(1), 1977A(b)(2), and,
irrespective of the size of the employing
office, 1977A(b)(3)(D) of the Revised
Statutes (42 U.S.C. 198la(a)(1),
198la(b)(2), and 198la(b)(3)(D)).
(2) Age discrimination
The remedy for a violation of subsection
(a)(2) of this section shall be--
(A) such remedy as would be appropriate
if awarded under section 15(c) of the Age
Discrimination in Employment Act of 1967 (29
U.S.C. 633a(c)); and
(B) such liquidated damages as would be
appropriate if awarded under section 7(b) of
such Act (29 U.S.C. 626(b)).
In addition, the waiver provisions of section 7(f) of
such Act (29 U.S.C. 626(f)) shall apply to covered
employees.
(3) Disabilities discrimination
The remedy for a violation of subsection
(a)(3) of this section shall be--
(A) such remedy as would be
appropriate if awarded under section
505(a)(1) of the Rehabilitation Act
of 1973 (29 U.S.C. 794a(a)(1) or
section 107(a) of the Americans with
Disabilities Act of 1990 (42 U.S.C.
12117(a)); and
(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.)
549 Sec. 1312. Rights and protections under the Family and
Medical Leave Act of 1993.
(a) Family and medical leave rights and protections provided
(1) In general
The rights and protections established by
sections 101 through 105 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2611
through 2615) shall apply to covered employees.
(2) Definition
For purposes of the application described in
paragraph (1)--
(A) the term ``employer'' as used in the
Family and Medical Leave Act of 1993 means
any employing office, and
(B) the term ``eligible employee'' as
used in the Family and Medical Leave Act of
1993 means a covered employee who has been
employed in any employing office for 12
months and for at least 1,250 hours of
employment during the previous 12 months.
(b) Remedy
The remedy for a violation of subsection (a) of this
section shall be such remedy, including liquidated damages,
as would be appropriate if awarded under paragraph (1) of
section 107(a) of the Family and Medical Leave Act of 1993
(29 U.S.C. 2617(a)(1)).
(c) Omitted
(d) Regulations
(1) In general
The Board shall, pursuant to section 1384 of
this title, issue regulations to implement the
rights and protections under this section.
(2) Agency regulations
The regulations issued under paragraph (1)
shall be the same as substantive regulations
promulgated by the Secretary of Labor to
implement the statutory provisions referred to
in subsection (a) of this section except insofar
as the Board may determine, for good cause shown
and stated together with the regulation that a
modification of such regulations would be more
effective for the implementation of the rights
and protections under this section.
(e) Effective date
(1) In general
Subsections (a) and (b) of this section
shall be effective 1 year after January 23,
1995.
(2) 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.)
550 Sec. 1313. Rights and protections under the Fair Labor
Standards Act of 1938.
(a) Fair labor standards
(1) In general
The rights and protections established by
subsections (a)(1) and (d) of section 6, section
7, and section 12(c) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206(a)(1) and (d), 207,
212(c)) shall apply to covered employees.
(2) Interns
For the purposes of this section, the term
``covered employee'' does not include an intern
as defined in regulations under subsection (c)
of this section.
(3) Compensatory time
Except as provided in regulations under
subsection (c)(3) of this section and subsection
(c)(4) of this section, covered employees may
not receive compensatory time in lieu of
overtime compensation.
(b) Remedy
The remedy for a violation of subsection (a) of this
section shall be such remedy, including liquidated damages,
as would be appropriate if awarded under section 16(b) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)).
(c) Regulations to implement section
(1) In general
The Board shall, pursuant to section 1384 of
this title, issue regulations to implement this
section.
(2) Agency regulations
Except as provided in paragraph (3), the
regulations issued under paragraph (1) shall be
the same substantive regulations promulgated by
the Secretary of Labor to implement the
statutory provisions referred to in subsection
(a) of this section except insofar as the Board
may determine, for good cause shown and stated
together with the regulation, that a
modification of such regulations would be more
effective for the implementation of the rights
and protections under this section.
(3) Irregular work schedules
The Board shall issue regulations for
covered employees whose work schedules directly
depend on the schedule of the House of
Representatives or the Senate that shall be
comparable to the provisions in the Fair Labor
Standards Act of 1938 that apply to employees
who have irregular work schedules.
(4) Law enforcement
Law enforcement personnel of the Capitol
Police who are subject to the exemption under
section 7(k) of the Fair Labor Standards Act of
1938 (29 U.S.C. 207(k)) may elect to receive
compensatory time off in lieu of overtime
compensation for hours worked in excess of the
maximum for their work period.
(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.)
551 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
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.)
552 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.
(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.)
553 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--
(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.)
554 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.
(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.)
555 Sec. 1317. Prohibition of intimidation or reprisal.
(a) In general
It shall be unlawful for an employing office to
intimidate, take reprisal against, or otherwise discriminate
against, any covered employee because the covered employee
has opposed any practice made unlawful by this chapter, or
because the covered employee has initiated proceedings, made
a charge, or testified, assisted, or participated in any
manner in a hearing or other proceeding under this chapter.
(b) Remedy
The remedy available for a violation of subsection (a)
of this section shall be such legal or equitable remedy as
may be appropriate to redress a violation of subsection (a)
of this section. (Pub.L. 104-1, Title II, Sec. 207, Jan. 23,
1995, 109 Stat. 13.)
Part B.--Public Services and Accommodations Under the
Americans With Disabilities Act of 1990
556 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.
(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.
(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.)
Part C.--Occupational Safety and Health Act of 1970
557 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 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 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.)
Part D.--Labor-Management Relations
558 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 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 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.
(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
559 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
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
560 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.).
(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
561 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
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
(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.
(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.)
562 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.
(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
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.
(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.)
563 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.)
564 Sec. 1384. Substantive regulations.
(a) Regulations
(1) In general
The procedures applicable to the regulations
of the Board issued for the implementation of
this chapter, which shall include regulations
the Board is required to issue under subchapter
II of this title (including regulations on the
appropriate application of exemptions under the
laws made applicable in subchapter II of this
title) are as prescribed in this section.
(2) Rulemaking procedure
Such regulations of the Board--
(A) shall be adopted, approved, and
issued in accordance with subsection (b) of
this section; and
(B) shall consist of 3 separate bodies
of regulations, which shall apply,
respectively, to--
(i) the Senate and employees of
the Senate;
(ii) the House of
Representatives and employees of the
House of Representatives; and
(iii) all other covered
employees and employing offices.
(b) Adoption by the Board
The Board shall adopt the regulations referred to in
subsection (a)(1) of this section in accordance with the
principles and procedures set forth in section 553 of Title
5, and as provided in the following provisions of this
subsection:
(1) Proposal
The Board shall publish a general notice
of proposed rulemaking under section 553(b)
of Title 5, but, instead of publication of a
general notice of proposed rulemaking in the
Federal Register, the Board shall transmit
such notice to the Speaker of the House of
Representatives and the President pro
tempore of the Senate for publication in the
Congressional Record on the first day on
which both Houses are in session following
such transmittal. Such notice shall set
forth the recommendations of the Deputy
Director for the Senate in regard to
regulations under subsection (a)(2)(B)(i) of
this section, the recommendations of the
Deputy Director for the House of
Representatives in regard to regulations
under subsection (a)(2)(B)(ii) of this
section, and the recommendations of the
Executive Director for regulations under
subsection (a)(2)(B)(iii) of this section.
(2) Comment
Before adopting regulations, the Board
shall provide a comment period of at least
30 days after publication of a general
notice of proposed rulemaking.
(3) Adoption
After considering comments, the Board
shall adopt regulations and shall transmit
notice of such action together with a copy
of such regulations to the Speaker of the
House of Representatives and the President
pro tempore of the Senate for publication in
the Congressional Record on the first day on
which both Houses are in session following
such transmittal.
(4) Recommendation as to method of approval
The Board shall include a recommendation
in the general notice of proposed rulemaking
and in the regulations as to whether the
regulations should be approved by resolution
of the Senate, by resolution of the House of
Representatives, by concurrent resolution,
or by joint resolution.
(c) Approval of regulations
(1) In general
Regulations referred to in paragraph
(2)(B)(i) of subsection (a) of this section may
be approved by the Senate by resolution or by
the Congress by concurrent resolution or by
joint resolution. Regulations referred to in
paragraph (2)(B)(ii) of subsection (a) of this
section may be approved by the House of
Representatives by resolution or by the Congress
by concurrent resolution or by joint resolution.
Regulations referred to in paragraph (2)(B)(iii)
may be approved by Congress by concurrent
resolution or by joint resolution.
(2) Referral
Upon receipt of a notice of adoption of
regulations under subsection (b)(3) of this
section, the presiding officers of the House of
Representatives and the Senate shall refer such
notice, together with a copy of such
regulations, to the appropriate committee or
committees of the House of Representatives and
of the Senate. The purpose of the referral shall
be to consider whether such regulations should
be approved, and, if so, whether such approval
should be by resolution of the House of
Representatives or of the Senate, by concurrent
resolution or by joint resolution.
(3) Joint referral and discharge in the Senate
The presiding officer of the Senate may
refer the notice of issuance of regulations, or
any resolution of approval of regulations, to
one committee or jointly to more than one
committee. If a committee of the Senate acts to
report a jointly referred measure, any other
committee of the Senate must act within 30
calendar days of continuous session, or be
automatically discharged.
(4) One-house resolution or concurrent resolution
In the case of a resolution of the House of
Representatives or the Senate or a concurrent
resolution referred to in paragraph (1), the
matter after the resolving clause shall be the
following: ``The following regulations issued by
the Office of Compliance on __ are hereby
approved:'' (the blank space being appropriately
filled in, and the text of the regulations being
set forth).
(5) Joint resolution
In the case of a joint resolution referred
to in paragraph (1), the matter after the
resolving clause shall be the following: ``The
following regulations issued by the Office of
Compliance on __ are hereby approved and shall
have the force and effect of law:'' (the blank
space being appropriately filled in, and the
text of the regulations being set forth).
(d) Issuance and effective date
(1) Publication
After approval of regulations under
subsection (c) of this section, the Board shall
submit the regulations to the Speaker of the
House of Representatives and the President pro
tempore of the Senate for publication in the
Congressional Record on the first day on which
both Houses are in session following such
transmittal.
(2) Date of issuance
The date of issuance of regulations shall be
the date on which they are published in the
Congressional Record under paragraph (1).
(3) Effective date
Regulations shall become effective not less
than 60 days after the regulations are issued,
except that the Board may provide for an earlier
effective date for good cause found (within the
meaning of section 553(d)(3) of Title 5) and
published with the regulation.
(e) Amendment of regulations
Regulations may be amended in the same manner as is
described in this section for the adoption, approval, and
issuance of regulations, except that the Board may, in its
discretion, dispense with publication of a general notice of
proposed rulemaking of minor, technical, or urgent
amendments that satisfy the criteria for dispensing with
publication of such notice pursuant to section 553(b)(B) of
Title 5.
(f) Right to petition for rulemaking
Any interested party may petition to the Board for the
issuance, amendment, or repeal of a regulation.
(g) Consultation
The Executive Director, the Deputy Directors, and the
Board--
(1) shall consult, with regard to the
development of regulations, with--
(A) the Chair of the Administrative
Conference of the United States;
(B) the Secretary of Labor;
(C) the Federal Labor Relations
Authority; and
(D) the Director of the Office of
Personnel Management; and
(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.)
565 Sec. 1385. Expenses.
(a) Authorization of appropriations
Beginning in fiscal year 1995, and for each fiscal year
thereafter, there are authorized to be appropriated for the
expenses of the Office such sums as may be necessary to
carry out the functions of the Office. Until sums are first
appropriated pursuant to the preceding sentence, but for a
period not exceeding 12 months following January 23, 1995--
(1) one-half of the expenses of the Office
shall be paid from funds appropriated for
allowances and expenses of the House of
Representatives, and
(2) one-half of the expenses of the Office
shall be paid from funds appropriated for
allowances and expenses of the Senate, upon
vouchers approved by the Executive Director,
except that a voucher shall not be required for
the disbursement of salaries of employees who
are paid at an annual rate. The Clerk of the
House of Representatives and the Secretary of
the Senate are authorized to make arrangements
for the division of expenses under this
subsection, including arrangements for one House
of Congress to reimburse the other House of
Congress.
(b) Financial and administrative services
The Executive Director may place orders and enter into
agreements for goods and services with the head of any
agency, or major organizational unit within an agency, in
the legislative or executive branch of the United States in
the same manner and to the same extent as agencies are
authorized under sections 1535 and 1536 of Title 31, to
place orders and enter into agreements.
(c) Witness fees and allowances
Except for covered employees, witnesses before a hearing
officer or the Board in any proceeding under this chapter
other than rulemaking shall be paid the same fee and mileage
allowances as are paid subpoenaed witnesses in the courts of
the United States. Covered employees who are summoned, or
are assigned by their employer, to testify in their official
capacity or to produce official records in any proceeding
under this Act shall be entitled to travel expenses under
subchapter I and section 5751 of chapter 57 of Title 5.
(Pub.L. 104-1, Title III, Sec. 305, Jan. 23, 1995, 109 Stat.
31.)
566 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
567 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.)
568 Sec. 1402. Counseling.
(a) In general
To commence a proceeding, a covered employee alleging a
violation of a law made applicable under part A of
subchapter II of this title shall request counseling by the
Office. The Office shall provide the employee with all
relevant information with respect to the rights of the
employee. A request for counseling shall be made not later
than 180 days after the date of alleged violation.
(b) Period of counseling
The period for counseling shall be 30 days unless the
employee and the Office agree to reduce the period. The
period shall begin on the date the request for counseling is
received.
(c) Notification of end of counseling period
The Office shall notify the employee in writing when the
counseling period has ended. (Pub.L. 104-1, Title IV,
Sec. 402, Jan. 23, 1995, 109 Stat. 32.)
569 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.)
570 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.)
571 Sec. 1405. Complaint and hearing.
(a) In general
A covered employee may, upon the completion of mediation
under section 1403 of this title, file a complaint with the
Office. The respondent to the complaint shall be the
employing office--
(1) involved in the violation, or
(2) in which the violation is alleged to
have occurred, and about which mediation was
conducted.
(b) Dismissal
A hearing officer may dismiss any claim that the hearing
officer finds to be frivolous or that fails to state a claim
upon which relief may be granted.
(c) Hearing officer
(1) Appointment
Upon the filing of a complaint, the
Executive Director shall appoint an independent
hearing officer to consider the complaint and
render a decision. No Member of the House of
Representatives, Senator, officer of either the
House of Representatives or the Senate, head of
an employing office, member of the Board, or
covered employee may be appointed to be a
hearing officer. The Executive Director shall
select hearing officers on a rotational or
random basis from the lists developed under
paragraph (2). Nothing in this section shall
prevent the appointment of hearing officers as
full-time employees of the Office or the
selection of hearing officers on the basis of
specialized expertise needed for particular
matters.
(2) Lists
The Executive Director shall develop master
lists, composed of--
(A) members of the bar of a State or the
District of Columbia and retired judges of
the United States courts who are experienced
in adjudicating or arbitrating the kinds of
personnel and other matters for which
hearings may be held under this, and
(B) individuals expert in technical
matters relating to accessibility and
usability by persons with disabilities or
technical matters relating to occupational
safety and health.
In developing lists, the Executive Director shall
consider candidates recommended by the Federal Mediation and
Conciliation Service or the Administrative Conference of the
United States.
(d) Hearing
Unless a complaint is dismissed before a hearing, a
hearing shall be--
(1) conducted in closed session on the
record by the hearing officer;
(2) commenced no later than 60 days after
filing of the complaint under subsection (a) of
this section, except that the Office may, for
good cause, extend up to an additional 30 days
the time for commencing a hearing; and
(3) conducted, except as specifically
provided in this chapter and to the greatest
extent practicable, in accordance with the
principles and procedures set forth in sections
554 through 557 of Title 5.
(e) Discovery
Reasonable prehearing discovery may be permitted at the
discretion of the hearing officer.
(f) Subpoenas
(1) In general
At the request of a party, a hearing officer
may issue subpoenas for the attendance of
witnesses and for the production of
correspondence, books, papers, documents, and
other records. The attendance of witnesses and
the production of records may be required from
any place within the United States. Subpoenas
shall be served in the manner provided under
rule 45(b) of the Federal Rules of Civil
Procedure.
(2) Objections
If a person refuses, on the basis of
relevance, privilege, or other objection, to
testify in response to a question or to produce
records in connection with a proceeding before a
hearing officer, the hearing officer shall rule
on the objection. At the request of the witness
or any party, the hearing officer shall (or on
the hearing officer's own initiative, the
hearing officer may) refer the ruling to the
Board for review.
(3) Enforcement
(A) In general
If a person fails to comply with a
subpoena, the Board may authorize the
General Counsel to apply, in the name of the
Office, to an appropriate United States
district court for an order requiring that
person to appear before the hearing officer
to give testimony or produce records. The
application may be made within the judicial
district where the hearing is conducted or
where that person is found, resides, or
transacts business. Any failure to obey a
lawful order of the district court issued
pursuant to this section may be held by such
court to be a civil contempt thereof.
(B) Service of process
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.)
572 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.)
573 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
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
(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.)
574 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
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.)
575 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.)
576 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.)
577 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.)
578 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.)
579 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.)
580 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.)
581 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 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;
Pub.L. 113-76, Div. I, Sec. 1101, Jan. 15, 2014, --Stat.--.)
582 Sec. 1416. Confidentiality.
(a) Counseling
All counseling shall be strictly confidential, except
that the Office and a covered employee may agree to notify
the employing office of the allegations.
(b) Mediation
All mediation shall be strictly confidential.
(c) Hearings and deliberations
Except as provided in subsections (d), (e), and (f) of
this title, all proceedings and deliberations of hearing
officers and the Board, including any related records, shall
be confidential. This subsection shall not apply to
proceedings under section 1341 of this title, but shall
apply to the deliberations of hearing officers and the Board
under that section.
(d) Release of records for judicial action
The records of hearing officers and the Board may be
made public if required for the purpose of judicial review
under section 1407 of this title.
(e) Access by committees of Congress
At the discretion of the Executive Director, the
Executive Director may provide to the Committee on Standards
of Official Conduct of the House of Representatives and the
Select Committee on Ethics of the Senate access to the
records of the hearings and decisions of the hearing
officers and the Board, including all written and oral
testimony in the possession of the Office. The Executive
Director shall not provide such access until the Executive
Director has consulted with the individual filing the
complaint at issue, and until a final decision has been
entered under section 1405(g) or 1406(e) of this title.
(f) Final decisions
A final decision entered under section 1405(g) or
1406(e) of this title shall be made public if it is in favor
of the complaining covered employee, or in favor of the
charging party under section 1331 of this title, or if the
decision reverses a decision of a hearing officer which had
been in favor of the covered employee or charging party. The
Board may 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
583 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.)
584 Sec. 1432. Political affiliation and place of residence.
(a) In general
It shall not be a violation of any provision of section
1311 of this title to consider the--
(1) party affiliation;
(2) domicile; or
(3) political compatibility with the
employing office;
of an employee referred to in subsection (b) of this section
with respect to employment decisions.
(b) Definition
For purposes of subsection (a) of this title, the term
``employee'' means--
(1) an employee on the staff of the
leadership of the House of Representatives or
the leadership of the Senate;
(2) an employee on the staff of a committee
or subcommittee of--
(A) the House of Representatives;
(B) the Senate; or
(C) a joint committee of the Congress;
(3) an employee on the staff of a Member of
the House of Representatives or on the staff of
a Senator;
(4) an officer of the House of
Representatives or the Senate or a congressional
employee who is elected by the House of
Representatives or Senate or is appointed by a
Member of the House of Representatives or by a
Senator (in addition an employee described in
paragraph (1), (2), or (3)); or
(5) an applicant for a position that is to
be occupied by an individual described in any of
paragraphs (1) through (4). (Pub.L. 104-1, Title
V, Sec. 502, Jan. 23, 1995, 109 Stat. 39.)
585 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.)
586 Sec. 1434. Judicial branch coverage study.
The Judicial Conference of the United States shall
prepare a report for submission by the Chief Justice of the
United States to the Congress on the application to the
judicial branch of the Federal Government of--
(1) the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.);
(2) Title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.);
(3) the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.);
(4) the Age Discrimination in Employment Act
of 1967 (29 U.S.C. 621 et seq.);
(5) the Family and Medical Leave Act of 1993
(29 U.S.C. 2611 et seq.);
(6) the Occupational Safety and Health Act
of 1970 (29 U.S.C. 651 et seq.);
(7) chapter 71 (relating to Federal service
labor-management relations) of Title 5;
(8) the Employee Polygraph Protection Act of
1988 (29 U.S.C. 2001 et seq.);
(9) the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2101 et seq.);
(10) the Rehabilitation Act of 1973 (29
U.S.C. 701 et seq.); and
(11) chapter 43 (relating to veterans'
employment and reemployment) of Title 38.
The report shall be submitted to Congress not later than
December 31, 1996, and shall include any recommendations the
Judicial Conference may have for legislation to provide to
employees of the judicial branch the rights, protections,
and procedures under the listed laws, including
administrative and judicial relief, that are comparable to
those available to employees of the legislative branch under
subchapter I through IV of this chapter. (Pub.L. 104-1,
Title V, Sec. 505, Jan. 23, 1995, 109 Stat. 41.)
587 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.
(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.)
588
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.)
589 Sec. 1438. Severability.
If any provision of this chapter or the application of
such provision to any person or circumstance is held to be
invalid, the remainder of this chapter and the application
of the provisions of the remainder to any person or
circumstance shall not be affected thereby. (Pub.L. 104-1,
Title V, Sec. 509, Jan. 23, 1995, 109 Stat. 44.)
Chapter 25.--UNFUNDED MANDATES REFORM
590 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.)
591 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.)
592 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.)
593 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
594 Sec. 1511. Cost of regulations.
(a) Sense of the Congress
It is the sense of the Congress that Federal agencies
should review and evaluate planned regulations to ensure
that the cost estimates provided by the Congressional Budget
Office will be carefully considered as regulations are
promulgated.
(b) Statement of cost
At the request of a committee chairman or ranking
minority member, the Director shall, to the extent
practicable, prepare a comparison between--
(1) an estimate by the relevant agency,
prepared under section 1532 of this title, of
the costs of regulations implementing an Act
containing a Federal mandate; and
(2) the cost estimate prepared by the
Congressional Budget Office for such Act when it
was enacted by the Congress.
(c) Cooperation of Office of Management and Budget
At the request of the Director of the Congressional
Budget Office, the Director of the Office of Management and
Budget shall provide data and cost estimates for regulations
implementing an Act containing a Federal mandate covered by
part B of Title IV of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 658 et seq.).
(Pub.L. 104-4, Title I, Sec. 103, Mar. 22, 1995, 109 Stat.
62.)
Effective Date
Section 110 of Pub.L. 104-4 provided that: ``This title
[enacting this subchapter and part B of subchapter II of
chapter 17a of this title, and amending sections 602, 632,
653 of this title] shall take effect on January 1, 1996 or
on the date 90 days after appropriations are made available
as authorized under section 109, whichever is earlier and
shall apply to legislation considered on and after such
date.''
595 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.)
596 Sec. 1513. Impact on local governments.
(a) Findings
The Senate finds that--
(1) the Congress should be concerned about
shifting costs from Federal to State and local
authorities and should be equally concerned
about the growing tendency of States to shift
costs to local governments;
(2) cost shifting from States to local
governments has, in many instances, forced local
governments to raise property taxes or curtail
sometimes essential services; and
(3) increases in local property taxes and
cuts in essential services threaten the ability
of many citizens to attain and maintain the
American dream of owning a home in a safe,
secure community.
(b) Sense of the Senate
It is the sense of the Senate that--
(1) the Federal Government should not shift
certain costs to the State, and States should
end the practice of shifting costs to local
governments, which forces many local governments
to increase property taxes;
(2) States should end the imposition, in the
absence of full consideration by their
legislatures, of State issued mandates on local
governments without adequate State funding, in a
manner that may displace other essential
government priorities; and
(3) one primary objective of this chapter
and other efforts to change the relationship
among Federal, State, and local governments
should be to reduce taxes and spending at all
levels and to end the practice of shifting costs
from one level of government to another with
little or no benefit to taxpayers. (Pub.L. 104-
4, Title I, Sec. 106, Mar. 22, 1995, 109 Stat.
63.)
597 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.)
598 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.)
599 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
600 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.)
601 Sec. 1532. Statements to accompany significant regulatory
actions.
(a) In general
Unless otherwise prohibited by law, before promulgating
any general notice of proposed rulemaking that is likely to
result in promulgation of any rule that includes any Federal
mandate that may result in the expenditure by State, local,
and tribal governments, in the aggregate, or by the private
sector, of $100,000,000 or more (adjusted annually for
inflation) in any 1 year, and before promulgating any final
rule for which a general notice of proposed rulemaking was
published, the agency shall prepare a written statement
containing--
(1) an identification of the provision of
Federal law under which the rule is being
promulgated;
(2) a qualitative and quantitative
assessment of the anticipated costs and benefits
of the Federal mandate, including the costs and
benefits to State, local, and tribal governments
or the private sector, as well as the effect of
the Federal mandate of health, safety, and the
natural environment and such an assessment shall
include--
(A) an analysis of the extent to which
such costs to State, local, and tribal
governments may be paid with Federal
financial assistance (or otherwise paid for
by the Federal Government); and
(B) the extent to which there are
available Federal resources to carry out the
intergovernmental mandate;
(3) estimates by the agency, if and to the
extent that the agency determines that accurate
estimates are reasonably feasible, of--
(A) the future compliance costs of the
Federal mandate; and
(B) any disproportionate budgetary
effects of the Federal mandate upon any
particular regions of the nation or
particular State, local, or tribal
governments, urban or rural or other types
of communities, or particular segments of
the private sector;
(4) estimates by the agency of the effect on
the national economy, such as the effect on
productivity, economic growth, full employment,
creation of productive jobs, and international
competitiveness of United States goods and
services, if and to the extent that the agency
in its sole discretion determines that accurate
estimates are 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
602 Sec. 1533. Small government agency plan.
(a) Effects on small governments
Before establishing any regulatory requirements that
might significantly or uniquely affect small governments,
agencies shall have developed a plan under which the agency
shall--
(1) provide notice of the requirements to
potentially affected small governments, if any;
(2) enable officials of affected small
governments to provide meaningful and timely
input in the development of regulatory proposals
containing significant Federal intergovernmental
mandates; and
(3) inform, educate, and advise small
governments on compliance with the requirements.
(b) Authorization of appropriations
There are authorized to be appropriated to each agency,
to carry out the provisions of this section and for no other
purpose, such sums as are necessary. (Pub.L. 104-4, Title
II, Sec. 203, Mar. 22, 1995, 109 Stat. 65.)
603 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.)
604 Sec. 1535. Least burdensome option or explanation required.
(a) In general
Except as provided in subsection (b) of this section,
before promulgating any rule for which a written statement
is required under section 1532 of this title, the agency
shall identify and consider a reasonable number of
regulatory alternatives and from those alternatives select
the least costly, most cost-effective or least burdensome
alternative that achieves the objectives of the rule, for--
(1) State, local, and tribal governments, in
the case of a rule containing a Federal
intergovernmental mandate; and
(2) the private sector, in the case of a
rule containing a Federal private sector
mandate.
(b) Exception
The provisions of subsection (a) of this section shall
apply unless--
(1) the head of the affected agency
publishes with the final rule an explanation of
why the least costly, most cost-effective or
least burdensome method of achieving the
objectives of the rule was not adopted; or
(2) the provisions are inconsistent with
law.
(c) OMB certification
No later than 1 year after March 22, 1995, the Director
of the Office of Management and Budget shall certify to
Congress, with a written explanation, agency compliance with
this section and include in that certification agencies and
rulemakings that fail to adequately comply with this
section. (Pub.L. 104-4, Title II, Sec. 205, Mar. 22, 1995,
109 Stat. 66.)
605 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.)
606 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.)
607 Sec. 1538. Annual statements to Congress on agency
compliance.
No later than 1 year after March 22, 1995, and annually
thereafter, the Director of the Office of Management and
Budget shall submit to the Congress, including the Committee
on Governmental Affairs of the Senate and the Committee on
Government Reform and Oversight of the House of
Representatives, a written report detailing compliance by
each agency during the preceding reporting period with the
requirements of this subchapter. (Pub.L. 104-4, Title II,
Sec. 208, Mar. 22, 1995, 109 Stat. 67.)
Subchapter III.--Review of Federal Mandates
608 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.)
609 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;
(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
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.)
610 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.)
611 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.)
612 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.)
613 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
614 Sec. 1571. Judicial review.
(a) Agency statements on significant regulatory actions
(1) In general
Compliance or noncompliance by any agency
with the provisions of sections 1532 and 1533(a)
(1) and (2) of this title shall be subject to
judicial review only in accordance with this
section.
(2) Limited review of agency compliance or noncompliance
(A) Agency compliance or noncompliance with
the provisions of sections 1532 and 1533(a) (1)
and (2) of this title shall be subject to
judicial review only under section 706(1) of
title 5, and only as provided under subparagraph
(B).
(B) If an agency fails to prepare the
written statement (including the preparation of
the estimates, analyses, statements, or
descriptions) under section 1532 of this title
or the written plan under section 1533(a) (1)
and (2) of this title, a court may compel the
agency to prepare such written statement.
(3) Review of agency rules
In any judicial review under any other
Federal law of an agency rule for which a
written statement or plan is required under
sections 1532 and 1533(a) (1) and (2) of this
title, the inadequacy or failure to prepare such
statement (including the inadequacy or failure
to prepare any estimate, analysis, statement or
description) or written plan shall not be used
as a basis for staying, enjoining, invalidating
or otherwise affecting such agency rule.
(4) Certain information as part of record
Any information generated under sections
1532 and 1533(a) (1) and (2) of this title that
is part of the rulemaking record for judicial
review under the provisions of any other Federal
law may be considered as part of the record for
judicial review conducted under such other
provisions of Federal law.
(5) Application of other Federal law
For any petition under paragraph (2) the
provisions of such other Federal law shall
control all other matters, such as exhaustion of
administrative remedies, the time for and manner
of seeking review and venue, except that if such
other Federal law does not provide a limitation
on the time for filing a petition for judicial
review that is less than 180 days, such
limitation shall be 180 days after a final rule
is promulgated by the appropriate agency.
(6) Effective date
This subsection shall take effect on October
1, 1995, and shall apply only to any agency rule
for which a general notice of proposed
rulemaking is promulgated on or after such date.
(b) Judicial review and rule of construction
Except as provided in subsection (a) of this section--
(1) any estimate, analysis, statement,
description or report prepared under this
chapter, and any compliance or noncompliance
with the provisions of this chapter, and any
determination concerning the applicability of
the provisions of this chapter shall not be
subject to judicial review; and
(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
615 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.)
616 Sec. 1602. Definitions.
As used in this chapter:
(1) Agency
The term ``agency'' has the meaning
given that term in section 551(1) of title
5.
(2) Client
The term ``client'' means any person or
entity that employs or retains another
person for financial or other compensation
to conduct lobbying activities on behalf of
that person or entity. A person or entity
whose employees act as lobbyists on its own
behalf is both a client and an employer of
such employees. In the case of a coalition
or association that employs or retains other
persons to conduct lobbying activities, the
client is the coalition or association and
not its individual members.
(3) Covered executive branch official
The term ``covered executive branch
official'' means--
(A) the President;
(B) the Vice President;
(C) any officer or employee, or
any other individual functioning in
the capacity of such an officer or
employee, in the Executive Office of
the President;
(D) any officer or employee
serving in a position in level I,
II, III, IV, or V of the Executive
Schedule, as designated by statute
or Executive order;
(E) any member of the uniformed
services whose pay grade is at or
above O-7 under section 201 of title
37; and
(F) any officer or employee
serving in a position of a
confidential, policy-determining,
policy-making, or policy-advocating
character described in section
7511(b)(2)(B) of title 5.
(4) Covered legislative branch official
The term ``covered legislative branch
official'' means--
(A) a Member of Congress;
(B) an elected officer of either
House of Congress;
(C) any employee of, or any
other individual functioning in the
capacity of an employee of--
(i) a Member of
Congress;
(ii) a committee of
either House of Congress;
(iii) the leadership
staff of the House of
Representatives or the
leadership staff of the
Senate;
(iv) a joint committee
of Congress; and
(v) a working group or
caucus organized to provide
legislative services or
other assistance to Members
of Congress; and
(D) any other legislative branch
employee serving in a position
described under section 109(13) of
the Ethics in Government Act of 1978
(5 U.S.C. App.).
(5) Employee
The term ``employee'' means any
individual who is an officer, employee,
partner, director, or proprietor of a person
or entity, but does not include--
(A) independent contractors; or
(B) volunteers who receive no
financial or other compensation from
the person or entity for their
services.
(6) Foreign entity
The term ``foreign entity'' means a
foreign principal (as defined in section
1(b) of the Foreign Agents Registration Act
of 1938 (22 U.S.C. 611(b)).
(7) Lobbying activities
The term ``lobbying activities'' means
lobbying contacts and efforts in support of
such contacts, including preparation and
planning activities, research and other
background work that is intended, at the
time it is performed, for use in contacts,
and coordination with the lobbying
activities of others.
(8) Lobbying contact
(A) Definition
The term ``lobbying contact''
means any oral or written
communication (including an
electronic communication) to a
covered executive branch official or
a covered legislative branch
official that is made on behalf of a
client with regard to--
(i) the formulation,
modification, or adoption of
Federal legislation
(including legislative
proposals);
(ii) the formulation,
modification, or adoption of
a Federal rule, regulation,
Executive order, or any
other program, policy, or
position of the United
States Government;
(iii) the administration
or execution of a Federal
program or policy (including
the negotiation, award, or
administration of a Federal
contract, grant, loan,
permit, or license); or
(iv) the nomination or
confirmation of a person for
a position subject to
confirmation by the Senate.
(B) Exceptions
The term ``lobbying contact''
does not include a communication
that is--
(i) made by a public
official acting in the
public official's official
capacity;
(ii) made by a
representative of a media
organization if the purpose
of the communication is
gathering and disseminating
news and information to the
public;
(iii) made in a speech,
article, publication or
other material that is
distributed and made
available to the public, or
through radio, television,
cable television, or other
medium of mass
communication;
(iv) made on behalf of a
government of a foreign
country or a foreign
political party and
disclosed under the Foreign
Agents Registration Act of
1938 (22 U.S.C. 611 et
seq.);
(v) a request for a
meeting, a request for the
status of an action, or any
other similar administrative
request, if the request does
not include an attempt to
influence a covered
executive branch official or
a covered legislative branch
official;
(vi) made in the course
of participation in an
advisory committee subject
to the Federal Advisory
Committee Act;
(vii) testimony given
before a committee,
subcommittee, or task force
of the Congress, or
submitted for inclusion in
the public record of a
hearing conducted by such
committee, subcommittee, or
task force;
(viii) information
provided in writing in
response to an oral or
written request by a covered
executive branch official or
a covered legislative branch
official for specific
information;
(ix) required by
subpoena, civil
investigative demand, or
otherwise compelled by
statute, regulation, or
other action of the Congress
or an agency, including any
communication compelled by a
Federal contract, grant,
loan, permit, or license;
(x) made in response to
a notice in the Federal
Register, Commerce Business
Daily, or other similar
publication soliciting
communications from the
public and directed to the
agency official specifically
designated in the notice to
receive such communications;
(xi) not possible to
report without disclosing
information, the
unauthorized disclosure of
which is prohibited by law;
(xii) made to an
official in an agency with
regard to--
(I) a judicial
proceeding or a criminal or
civil law enforcement
inquiry, investigation, or
proceeding; or
(II) a filing or
proceeding that the
Government is specifically
required by statute or
regulation to maintain or
conduct on a confidential
basis, if that agency is
charged with responsibility
for such proceeding,
inquiry, investigation, or
filing
(xiii) made in
compliance with written
agency procedures regarding
an adjudication conducted by
the agency under section 554
of title 5, or substantially
similar provisions;
(xiv) a written comment
filed in the course of a
public proceeding or any
other communication that is
made on the record in a
public proceeding;
(xv) a petition for
agency action made in
writing and required to be a
matter of public record
pursuant to established
agency procedures;
(xvi) made on behalf of
an individual with regard to
that individual's benefits,
employment, or other
personal matters involving
only that individual, except
that this clause does not
apply to any communication
with--
(I) a covered
executive branch official,
or
(II) a covered
legislative branch official
(other than the individual's
elected Members of Congress
or employees who work under
such Members' direct
supervision), with respect
to the formulation,
modification, or adoption of
private legislation for the
relief of that individual;
(xvii) a disclosure by
an individual that is
protected under the
amendments made by the
Whistleblower Protection Act
of 1989 [5 U.S.C. 1201 et
seq.], under the Inspector
General Act of 1978 [12
U.S.C. 1811 et seq.], or
under another provision of
law;
(xviii) made by--
(I) a church, its
integrated auxiliary, or a
convention or association of
churches that is exempt from
filing a Federal income tax
return under paragraph
2(A)(i) of section 6033(a)
of the Internal Revenue Code
of 1986 [26 U.S.C. 6033(a)],
or
(II) a religious order
that is exempt from filing a
Federal income tax return
under paragraph (2)(A)(iii)
of such section 6033(a); and
(xix) between--
(I) officials of a
self-regulatory organization
(as defined in section
3(a)(26) of the Securities
Exchange Act [15 U.S.C.
78c(a)(26)]) that is
registered with or
established by the
Securities and Exchange
Commission as required by
that Act or a similar
organization that is
designated by or registered
with the Commodities Future
Trading Commission as
provided under the Commodity
Exchange Act [7 U.S.C. 1 et
seq.]; and
(II) the Securities
and Exchange Commission or
the Commodities Futures
Trading Commission,
respectively; relating to
the regulatory
responsibilities of such
organization under that Act.
(9) Lobbying firm
The term ``lobbying firm'' means a
person or entity that has 1 or more
employees who are lobbyists on behalf of a
client other than that person or entity. The
term also includes a self-employed
individual who is a lobbyist.
(10) Lobbyist
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--
(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.)
617 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
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--
(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.)
618 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 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
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 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.)
619 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 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.)
620 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.
(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.)
621 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.)
622 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.)
623 Sec. 1609. Identification of clients and covered officials.
(a) Oral lobbying contacts
Any person or entity that makes an oral lobbying contact
with a covered legislative branch official or a covered
executive branch official shall, on the request of the
official at the time of the lobbying contact--
(1) state whether the person or entity is
registered under this chapter and identify the
client on whose behalf the lobbying contact is
made; and
(2) state whether such client is a foreign
entity and identify any foreign entity required
to be disclosed under section 1603(b)(4) of this
title that has a direct interest in the outcome
of the lobbying activity.
(b) Written lobbying contacts
Any person or entity registered under this chapter that
makes a written lobbying contact (including an electronic
communication) with a covered legislative branch official or
a covered executive branch official shall--
(1) if the client on whose behalf the
lobbying contact was made is a foreign entity,
identify such client, state that the client is
considered a foreign entity under this chapter,
and state whether the person making the lobbying
contact is registered on behalf of that client
under section 1603 of this title; and
(2) identify any other foreign entity
identified pursuant to section 1603(b)(4) of
this title that has a direct interest in the
outcome of the lobbying activity.
(c) Identification as covered official
Upon request by a person or entity making a lobbying
contact, the individual who is contacted or the office
employing that individual shall indicate whether or not the
individual is a covered legislative branch official or a
covered executive branch official. (Pub.L. 104-65, Sec. 14,
Dec. 19, 1995, 109 Stat. 702.)
624 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--
(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.)
625 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.)
626 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.)
627 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
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.)
628 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
629 Sec. 1801. Appointment of Architect of the Capitol.
(a)(1) The Architect of the Capitol shall be appointed
by the President by and with the advice and consent of the
Senate for a term of 10 years.
(2) There is established a commission to recommend
individuals to the President for appointment to the office
of Architect of the Capitol. The Commission shall be
composed of--
(A) the Speaker of the House of
Representatives,
(B) the President pro tempore of the Senate,
(C) the majority and minority leaders of the
House of Representatives and the Senate, and
(D) the chairmen and the ranking minority
members of the Committee on House Oversight of
the House of Representatives, the Committee on
Rules Administration of the Senate, the
Committee on Appropriations of the House of
Representatives, and the Committee on
Appropriations of the Senate.
The commission shall recommend at least three individuals
for appointment to such office.
(3) An individual appointed Architect of the Capitol
under paragraph (1) shall be eligible for reappointment to
such office.
(b) Subsection (a) of this section shall be effective in
the case of appointments made to fill vacancies in the
office of Architect of the Capitol which occur on or after
November 21, 1989. If no such vacancy occurs within the six-
year period which begins on November 21, 1989, 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.)
630 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.)
631 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.)
632 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.)
633 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 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--
(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.)
634 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.
(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.)
635 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.)
636 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
deficiencies 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, 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
637 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:
Transfer to Architect of the Capitol
Pub.L. 112-74, Div. G, Title I, Sec. 1202, Dec. 23,
2011, 125 Stat. 1129, provided that:
``(a) Transfer--To the extent that the Director of the
National Park Service has jurisdiction and control over
any portion of the area described in subsection (b) and
any monument or other facility which is located within
such area, such jurisdiction and control is hereby
transferred to the Architect of the Capitol as of the
date of the enactment of this Act [Dec. 23, 2011, the
approval date of Pub.L. 112-74, Div. G, 125 Stat. 1116,
known as the Legislative Branch Appropriations Act,
2012].
``(b) Area described.--The area described in this subsection
is the property which is bounded on the north by
Pennsylvania Avenue Northwest, on the east by First
Street Northwest and First Street Southwest, on the
south by Maryland Avenue Southwest, and on the west by
Third Street Southwest and Third Street Northwest.''
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 materials 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. 6516);
``(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. 5540);
``(C) the Senate waste recycling program
referred to in section 4 of the Legislative
Branch Appropriations Act, 2001 (2 U.S.C.
2026); 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 referred 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.''
638 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.)
639 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.)
640 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 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.)
641 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.)
642 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.)
643 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.)
644 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.)
645 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.)
646 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
(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.)
647 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.)
648 Sec. 1821. Small purchase contracting authority.
(a) In general
Notwithstanding any other provision of law--
(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.)
649 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.)
650 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.
(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.)
651 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.)
652 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.
(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.)
653 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.)
654 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.
(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.)
655 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
656 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 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 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.
657 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.)
658 Sec. 1834. Heating and ventilating Senate wing.
All engineers and others who are engaged in heating and
ventilating the Senate wing of the Capitol shall be subject
to the orders and in all respects under the direction of the
Architect of the Capitol, subject to the approval of the
Senate Committee on Rules and Administration. (July 11,
1888, ch. 615, Sec. 1, 25 Stat. 258; Aug. 2, 1946, ch. 753,
Sec. Sec. 102, 224, 60 Stat. 814, 838.)
Part B--Compensation
659 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.)
660 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.)
661 Sec. 1847. Authorization to fix basic rate of compensation
for certain positions.
On and after August 21, 1959, the Architect of the
Capitol is authorized, without regard to chapter 51 and
subchapter III of chapter 53 of title 5, to fix the
compensation of four positions under the appropriation
``Salaries, Office of the Architect of the Capitol'', of two
positions under the appropriation ``Capitol Buildings'', and
of one position under the appropriation ``House Office
Buildings'' at a basic rate of $8,200 per annum each:
Provided, That this provision shall not be applicable to the
positions of Architect or Assistant Architect.
On and after August 21, 1959, the Architect of the
Capitol is authorized, without regard to chapter 51 and
subchapter III of chapter 53 of title 5, to fix the
compensation of one position under the appropriation
``Senate Office Buildings'', at a basic rate of $8,200 per
annum. (Pub.L. 86-176, Aug. 21, 1959, 73 Stat. 407; Pub.L.
89-309, ch. VII, Oct. 31, 1965, 79 Stat. 1147; Pub.L. 90-
206, title II, Sec. 214(p), Dec. 16, 1967, 81 Stat. 638;
Pub.L. 90-239, ch. IV, Jan. 2, 1968, 81 Stat. 775; Pub.L.
94-157, title I, ch. IV, Dec. 18, 1975, 89 Stat. 835; Pub.L.
101-163, title I, Sec. 106(c), Nov. 21, 1989, 103 Stat.
1056.)
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.
662 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.)
663 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.)
664 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
665 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.)
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.
666 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.)
667 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.)
668 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.)
669 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 disbursement, such
report to include (1) the name, title, and gross salary
payment to each employee; (2) a list of government
contributions to retirement, health insurance, and other
similar funds; and (3) name of payee, brief description of
service rendered or items furnished under contract, purchase
order or other agreement. Such report shall be printed as a
Senate document.
(2) The report by the Architect of the Capitol under
paragraph (1) for the semiannual period beginning on January
1, 1976, shall include the period beginning on July 1, 1976,
and ending on September 30, 1976, and such semiannual period
shall be treated as closing on September 30, 1976.
Thereafter, the report by the Architect of the Capitol under
paragraph (1) shall be for the semiannual periods beginning
on October 1 and ending on March 31 and beginning on April 1
and ending on September 30 of each year. (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.)
670 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
671 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 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 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.
(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
(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
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 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
(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;
(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
(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.
672 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.
(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
Inspector 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 budgeting, 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.)
673 Sec. 1905a. 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.)
CODIFICATION
Section was formerly classified to section 64-3 of this
title prior to editorial reclassification and renumbering as
this section.
674 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.)
675 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;
(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.)
676 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 Administration 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
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).
(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.)
677 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 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
678 Sec. 1921. Repealed (Pub.L. 108-7, Div. H., Title I,
Sec. 1018(h)(2), Feb. 20, 2003, 117 Stat. 369).
679
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.''
680 Sec. 1925. Repealed (Pub.L. 111-145, Sec. 5(a)(2)(B), Mar.
4, 2010, 124 Stat. 53).
681
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 available 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.)
682 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.
(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, 2002, 115 Stat. 2320; Pub.L.
108-7, Div. H, Title I, Sec. Sec. 1004, 1006, Feb. 20, 2003,
117 Stat. 358.)
NOTE:
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.
CODIFICATION
Section was formerly classified to section 60j-1 of this
title prior to editorial reclassification and renumbering as
this section.
683 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.)
684 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.)
685 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.)
686 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 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.''
687 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.)
688 Sec. 1934. Waiver by Chief of Capitol Police of claims
arising out of erroneous payments to officers and
employees
(a) Waiver of claim
Subject to the joint approval of the Chief
Administrative Officer of the House of
Representatives and the Secretary of the Senate,
the Chief of the United States Capitol Police
may waive in whole or in part 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, to an officer, member, or
employee of the United States Capitol Police, if
the collection of the claim would be against
equity and good conscience and not in the best
interests of the United States.
(b) Investigation of application; report
The Chief shall investigate each application
for the waiver of a claim under subsection (a)
and shall submit a written report of the
investigation, including a description of the
facts and circumstances of the claim, to the
Chief Administrative Officer of the House of
Representatives and the Secretary of the Senate,
except that if the aggregate amount of the claim
involved exceeds $1,500, the Comptroller General
may also investigate the application and submit
a written report of the investigation, including
a description of the facts and circumstances of
the claim, to the Chief Administrative Officer
of the House of Representatives and the
Secretary of the Senate.
(c) Prohibition of waiver under certain circumstances
The Chief may not exercise the authority to
waive a claim under subsection (a) if----
(1) in the Chief's opinion, there exists
in connection with the claim an indication
of fraud, misrepresentation, fault, or lack
of good faith on the part of the officer,
member, or employee involved or of any other
person having an interest in obtaining a
waiver of the claim; or
(2) the Chief receives the application
for the waiver after the expiration of the
3-year period that begins on the date on
which the erroneous payment of pay or
allowances was discovered.
(d) 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 subsection (a).
(e) Effect of waiver
An erroneous payment, the collection of
which is waived under subsection (a), is deemed
a valid payment for all purposes.
(f) 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.
(g) Rules and regulations
Subject to the approval of the Chief
Administrative Officer of the House of
Representatives and the Secretary of the Senate,
the Chief shall promulgate rules and regulations
to carry out this section.
(h) Effective date
This section shall apply with respect to
payments of pay and allowances made at any time
after the Chief became the disbursing officer
for the United States Capitol Police pursuant to
section 1907(a) of this title. (Pub.L. 112-74,
Div. G, Title I, Sec. 1102, Dec. 23, 2011, 125
Stat. 1125.)
Part C.--Uniforms and Arms
689 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.)
690 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.)
691 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.)
Part D.--United States Capitol Police Memorial Fund
692 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.)
693 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.)
694 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
695 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 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.)
Note:
Section (d) is effective October 1, 2009.
696 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.)
697 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.)
698 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
4101(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 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.''
699 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., 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.)
700 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.
(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.)
701 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--
(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.)
702 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.)
703 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.)
704 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.)
705 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
(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.)
706 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.
(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.)
707 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.)
708 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--
(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--
(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.)
709 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.)
710 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 enforcement
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.)
711 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.)
712 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
713 Sec. 2021. Additional Senate office building.
Upon completion of the additional office building\1\ for
the United States Senate, the building and the grounds and
sidewalks surrounding the same shall be subject to the
provisions of sections 5101 through 5109 of Title 40 and
1961, 1969, 2023, and 2024 of this title, in the same manner
and to the same extent as the present Senate Office
Building\1\ and the grounds and sidewalks surrounding the
same. (June 25, 1948, ch. 658, Sec. 1, 62 Stat. 1029.)
\1\See Senate Manual sections 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 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.)
714 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 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.)
715 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.
716 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.)
717 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 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.)
718 Sec. 2026. 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--
(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.)
CODIFICATION
Section was formerly classified to section 121f of this
title prior to editorial reclassification and renumbering as
this section.
Subchapter III.--Restaurants
719 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.)
720 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.)
721 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 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.)
722 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.)
723 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.)
724 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.)
725 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 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.)
726 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.)
727 Sec. 2052. Senate restaurant deficit fund; deposit of
proceeds from surcharge on orders.
The Committee on Rules and Administration of the United
States Senate is authorized and directed hereafter to add a
minimum of 10 per centum to each order in excess of 10 cents
served in the Senate restaurants and 20 per centum to all
orders served outside of said restaurants, and the proceeds
accruing therefrom shall be placed in a fund to be used in
the payment of any deficit incurred in the management of
such kitchens and restaurants. (May 18, 1937, ch. 223,
Sec. 1, 50 Stat. 173; Aug. 2, 1946, ch. 753, Sec. 102, 60
Stat. 814.)
Cross Reference
For jurisdiction over, and management of, Senate
restaurants, see section 2042 of this title (Senate Manual
section 719).
CODIFICATION
Section was formerly classified to section 121 of this
title prior to editorial reclassification and renumbering as
this section.
Subchapter IV.--Child Care
728 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 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.)
729 Sec. 2063. Senate Employee Child Care Center.
(a) Applicability of provisions
The provisions of this section shall apply to any
individual who is employed by the Senate day care center
(known as the ``Senate Employee Child Care Center'' and
hereafter in this section referred to as the ``Center'')
established pursuant to Senate Resolution 269, Ninety-eighth
Congress, and section 214b of this title.
(b) Employee election of health care insurance coverage
Any individual described under subsection (a) of this
section who is employed by the Center on or after August 14,
1991, shall be deemed an employee under section 8901(1) of
title 5, for purposes of health insurance coverage under
chapter 89 of such title 5. An individual described under
subsection (a) of this section who is an employee of the
Center on August 14, 1991, may elect coverage under this
subsection during the 31-day period beginning on August 14,
1991, and during such periods as determined by the Office of
Personnel Management for employees of the Center employed
after such date.
(c) Deductions and withholding from employee pay
The Center shall make such deductions and withholdings
from the pay of an individual described under subsection (a)
of this section who is an employee of the Center in
accordance with subsection (d) of this section.
(d) Employee records; amount of deductions
The Center shall--
(1) maintain records on all employees
covered under this section in such manner as the
Secretary of the Senate may require for
administrative purposes; and
(2) after consultation with the Secretary of
the Senate--
(A) make deductions from the pay of
employees of amounts determined in
accordance with section 8906 of title 5; and
(B) transmit such deductions to the
Secretary of the Senate for deposit and
remittance to the Office of Personnel
Management.
(e) Government contributions
Government contributions for individuals receiving
benefits under this section, as computed under section 8906
of title 5, shall be made by the Secretary of the Senate
from the appropriations account, within the contingent fund
of the Senate, ``miscellaneous items''.
(f) Regulations
The Office of Personnel Management may prescribe
regulations to carry out provisions of this section. (Pub.L.
102-90, Title III, Sec. 311, Aug. 14, 1991, 105 Stat. 467.)
730 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 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--
(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.)
731 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
732 Sec. 2081. United States Capitol Preservation Commission.
(a) Establishment and purposes
There is established in the Congress the United States
Capitol Preservation Commission (hereinafter in sections
2081 to 2086 of this title referred to as the
``Commission'') for the purposes of--
(1) providing for improvements in,
preservation of, and acquisitions for, the
United States Capitol;
(2) providing for works of fine art and
other property for display in the United States
Capitol and at other locations under the control
of the Congress; and
(3) conducting other activities that
directly facilitate, encourage, or otherwise
support any purposes specified in paragraph (1)
or (2).
(b) Membership
The Commission shall be composed of the following
Members of Congress:
(1) The President pro tempore of the Senate
and the Speaker of the House of Representatives,
who shall be co-chairmen.
(2) The Chairman and Vice-Chairman of the
Joint Committee on the Library.
(3) The Chairman and the ranking minority
party member of the Committee on Rules and
Administration of the Senate, and the Chairman
and the ranking minority party member of the
Committee on House Oversight of the House of
Representatives.
(4) The majority leader and the minority
leader of the Senate.
(5) The majority leader and the minority
leader of the House of Representatives.
(6) The Chairman of the Commission on the
Bicentennial of the United States Senate and the
Chairman of the Commission of the House of
Representatives Bicentenary, to be succeeded
upon expiration of such commissions, by a
Senator or Member of the House of
Representatives, as appropriate, appointed by
the Senate or House of Representatives co-
chairman of the Commission, respectively.
(7) One Senator appointed by the President
pro tempore of the Senate and one Senator
appointed by the minority leader of the Senate.
(8) One Member of the House of
Representatives appointed by the Speaker of the
House of Representatives and one Member of the
House of Representatives appointed by the
minority leader of the House of Representatives.
(c) Designees
Each member of the Commission specified under subsection
(b) of this section (other than a member under paragraph (7)
or (8) of such subsection) may designate a Senator or Member
of the House of Representatives, as the case may be, to
serve as a member of the Commission in place of the member
so specified.
(d) Architect of the Capitol
In addition to the members under subsection (b) of this
section, the Architect of the Capitol shall participate in
the activities of the Commission, ex officio, and without
the right to vote.
(e) Staff support and assistance
The Senate Commission on Art, the House of
Representatives Fine Arts Board, and the Architect of the
Capitol shall provide to the Commission such staff support
and assistance as the Commission may request. (Pub.L. 100-
696, Title VIII, Sec. 801, Nov. 18, 1988, 102 Stat. 4608;
Pub.L. 104-186, Title II, Sec. 221(7), Aug. 20, 1996, 110
Stat. 1749.)
733 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.)
734 Sec. 2083. Capitol Preservation Fund.
(a) In general
There is established in the Treasury a fund, to be known
as the ``Capitol Preservation Fund'' (hereafter in sections
2081 to 2086 of this title referred to as the ``fund''),
which shall consist of (1) amounts deposited, and interest
and proceeds credited, under subsection (d) of this section,
(2) obligations obtained under subsection (e) of this
section, and (3) all surcharges received by the Secretary of
the Treasury from the sale of coins minted under the
Bicentennial of the United States Congress Commemorative
Coin Act.
(b) Availability of fund
The fund shall be available to the Commission--
(1) for payment of transaction costs and
similar expenses incurred under section 2082 of
this title;
(2) subject to the approval of the Committee
on Appropriations of the House of
Representatives and the Committee on
Appropriations of the Senate, for improvement
and preservation projects for the United States
Capitol;
(3) for disbursement with respect to works
of fine art and other property as provided in
section 2082 of this title; and
(4) for such other payments as may be
required to carry out section 2081 of this title
or section 2082 of this title.
(c) Transaction costs and proportionality
In carrying out this section, the Commission shall, to
the extent practicable, take such action as may be
necessary--
(1) to minimize disbursements under
subsection (b)(1) of this section; and
(2) to equalize disbursements under
subsection (b) of this section between the
Senate and the House of Representatives.
(d) Deposits, credits, and disbursements
The Commission shall deposit in the fund gifts of money
and proceeds of transactions under section 2082 of this
title. The Secretary of the Treasury shall credit to the
fund the interest on, and the proceeds from sale or
redemption of, obligations held in the fund. Disbursements
from the fund shall be made on vouchers approved by the
Commission and signed by the co-chairmen.
(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.)
735 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.)
736 Sec. 2085. Advisory boards.
The Commission may establish appropriate boards to
provide advice and assistance to the Commission and to
further the purposes of the Commission. The boards shall be
composed of members (including chairmen) who shall be
appointed by the Commission from public and private life and
shall serve at the pleasure of the Commission and each co-
chairman of the Commission may appoint one member to any
such board. The members of boards under this section may be
reimbursed for actual and necessary expenses incurred in the
performance of the duties of the boards, at the discretion
of the Commission. (Pub.L. 100-696, Title VIII, Sec. 805,
Nov. 18, 1988, 102 Stat. 4610.)
737 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
738 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.)
739 Sec. 2102. Duties of Commission.
(a) In general
The Commission is hereby authorized and directed to
supervise, hold, place, protect, and make known all works of
art, historical objects, and exhibits within the Senate wing
of the United States Capitol, any Senate Office Buildings,
and in all rooms, spaces, and corridors thereof, which are
the property of the United States, and in its judgment to
accept any works of art, historical objects, or exhibits
which may hereafter be offered, given, or devised to the
Senate, its committees, and its officers for placement and
exhibition in the Senate wing of the Capitol, the Senate
Office Buildings, or in rooms, spaces, or corridors thereof.
(b) Issuance and publication of regulations
The Commission shall prescribe such regulations as it
deems necessary for the care, protection, and placement of
such works of art, exhibits, and historical objects in the
Senate wing of the Capitol and the Senate Office Buildings,
and for their acceptance on behalf of the Senate, its
committees, and officers. Such regulations shall be
published in the Congressional Record at such time or times
as the Commission may deem necessary for the information of
the Members of the Senate and the public.
(c) Consistency of regulations
Regulations authorized by the provisions of section 193
of this title to be issued by the Sergeant at Arms of the
Senate for the protection of the Capitol, and any
regulations issued, or activities undertaken, by the
Committee on Rules and Administration of the Senate, or the
Architect of the Capitol, in carrying out duties relating to
the care, preservation, and protection of the Senate wing of
the Capitol and the Senate Office Buildings, shall be
consistent with such rules and 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.)
740 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.)
741 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.)
742 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.)
743 Sec. 2106. Repealed (Pub.L. 108-83, Title I, Sec. 3(a)3,
Sept. 30, 2003, 117 Stat. 1010).
744
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 4107 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, 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.)
745 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.
(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
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.
(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
746 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.)
747 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.)
748 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.
(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.)
749 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.''
750 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.)
751 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
752 Sec. 2141. Supervision of Botanic Garden.
The supervision of the Capitol police shall extend over
the Botanical Garden. (R.S. Sec. 1826.)
753 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.)
754 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.)
755 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.
(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
756 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 necessary furnishings and equipment,
for pages of the Senate, the House of Representatives, and
the Supreme Court of the United States.
(b) Acquisition of property in District of Columbia
The Architect of the Capitol, under the joint direction
and supervision of the Senate Office Building Commission and
the House Office Building Commission, is authorized to
acquire on behalf of the United States, by purchase,
condemnation, transfer, or otherwise, such publicly or
privately owned real property in the District of Columbia
(including all alleys, and parts of alleys, and streets
within the curblines surrounding such real property) located
in the vicinity of the United States Capitol Grounds, as may
be approved jointly by the Senate Office Building Commission
and the House Office Building Commission, for the purpose of
constructing on such real property, in accordance with this
section, a suitable dormitory and classroom facilities
complex for pages of the Senate, the House of
Representatives, and the Supreme Court of the United States.
(c) Condemnation proceedings
Any proceeding for condemnation instituted under
subsection (b) of this section shall be conducted in
accordance with subchapter IV of chapter 13 of title 16 of
the District of Columbia Code.
(d) Transfer of United States owned property
Notwithstanding any other provision of law, any real
property owned by the United States, and any alleys, or
parts of alleys and streets, contained within the curblines
surrounding the real property acquired on behalf of the
United States under this section shall be transferred, upon
the request of the Architect of the Capitol made with the
joint approval of the Senate Office Building Commission and
the House Office Building Commission, to the jurisdiction
and control of the Architect of the Capitol.
(e) Alley and street closures by Mayor of District of
Columbia
Notwithstanding any other provision of law, any alleys,
or parts of alleys and streets, contained within the
curblines surrounding the real property acquired on behalf
of the United States under this section shall be closed and
vacated by the Mayor of the District of Columbia in
accordance with any request therefor made by the Architect
of the Capitol with the joint approval of the Senate Office
Building Commission and the House Office Building
Commission.
(f) United States Capitol Grounds provisions applicable
Upon the acquisition on behalf of the United States of
all real property under this section, such property shall be
a part of the United States Capitol Grounds and shall be
subject to the provisions of sections 5101 to 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 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, 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.)
757 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.
(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.)
758 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.)
759 Sec. 2165. Repealed. (Pub. L. 110-437, title I, Sec. 101(e),
Oct. 20, 2008, 122 Stat. 4985. See Senate Manual
sections 966-987.)
760
Sec. 2166. Repealed. (Pub. L. 110-437, title IV,
Sec. 422(a), Oct. 20, 2008, 122 Stat. 4996. See Senate
Manual sections 966-987.)
761
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 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 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.)
762 Sec. 2170. Battery recharging stations for privately owned
vehicles in parking areas under the jurisdiction of the
Senate at no net cost to the Federal government
(a) Definition
In this Act, the term ``covered employee''
means----
(1) an employee whose pay is disbursed
by the Secretary of the Senate; or
(2) any other individual who is
authorized to park in any parking area under
the jurisdiction of the Senate on Capitol
Grounds.
(b) Authority
(1) In general
Subject to paragraph (3), funds
appropriated to the Architect of the
Capitol under the heading ``Capitol
Power Plant'' under the heading
``ARCHITECT OF THE CAPITOL'' in any
fiscal year are available to
construct, operate, and maintain on
a reimbursable basis battery
recharging stations in parking areas
under the jurisdiction of the Senate
on Capitol Grounds for use by
privately owned vehicles used by
Senators or covered employees.
(2) Vendors authorized
In carrying out paragraph (1),
the Architect of the Capitol may use
1 or more vendors on a commission
basis.
(3) Approval of construction
The Architect of the Capitol may
construct or direct the construction
of battery recharging stations
described under paragraph (1)
after----
(A) submission of
written notice detailing the
numbers and locations of the
battery recharging stations
to the Committee on Rules
and Administration of the
Senate; and
(B) approval by that
Committee.
(c) Fees and charges
(1) In general
Subject to paragraph (2), the
Architect of the Capitol shall
charge fees or charges for
electricity provided to Senators and
covered employees sufficient to
cover the costs to the Architect of
the Capitol to carry out this
section, including costs to any
vendors or other costs associated
with maintaining the battery
recharging stations.
(2) Approval of fees or charges
The Architect of the Capitol may
establish and adjust fees or charges
under paragraph (1) after----
(A) submission of
written notice detailing the
amount of the fee or charge
to be established or
adjusted to the Committee on
Rules and Administration of
the Senate; and
(B) approval by that
Committee.
(d) Deposit and availability of fees, charges, and
commissions
Any fees, charges, or commissions collected
by the Architect of the Capitol under this
section shall be----
(1) deposited in the Treasury to the
credit of the appropriations account
described under subsection (b); and
(2) available for obligation without
further appropriation during----
(A) the fiscal year
collected; and
(B) the fiscal year
following the fiscal year
collected.
(e) Reports
(1) In general
Not later than 30 days after the
end of each fiscal year, the
Architect of the Capitol shall
submit a report on the financial
administration and cost recovery of
activities under this section with
respect to that fiscal year to the
Committee on Rules and
Administration of the Senate.
(2) Avoiding subsidy
(A) Determination
Not later than 3 years
after the date of enactment
of this Act and every 3
years thereafter, the
Architect of the Capitol
shall submit a report to the
Committee on Rules and
Administration of the Senate
determining whether Senators
and covered employees using
battery charging stations as
authorized by this Act are
receiving a subsidy from the
taxpayers.
(B) Modification of
rates and fees
If a determination is
made under subparagraph (A)
that a subsidy is being
received, the Architect of
the Capitol shall submit a
plan to the Committee on
Rules and Administration of
the Senate on how to update
the program to ensure no
subsidy is being received.
If the committee does not
act on the plan within 60
days, the Architect of the
Capitol shall take
appropriate steps to
increase rates or fees to
ensure reimbursement for the
cost of the program
consistent with an
appropriate schedule for
amortization, to be charged
to those using the charging
stations.
(f) Effective date
This Act shall apply with respect to fiscal year 2011 and
each fiscal year thereafter. (Pub.L. 112-167, Sec. 1, Aug.
10, 2012, 126 Stat. 1296.)
763 Sec. 2172. 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).
(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 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.)
CODIFICATION
Section was formerly classified to section 130e of this
title prior to editorial reclassification and renumbering as
this section.
Subchapter VIII.--Miscellaneous
764 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.)
765 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.
766 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
767 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, 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.
(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.)
768 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.
(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.)
769 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
770 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.)
771 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.)
772 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.
(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.)
773 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.)
774 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.)
775 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
776 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.)
777 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.
(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.)
778 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.)
779 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 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
780 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.
(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.)
781 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);
(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.)
782 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 perform
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 2172 of this title. (Pub.L. 110-437, Title IV,
Sec. 411, Oct. 20, 2008, 122 Stat. 4993.)
783 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 2172 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 2172(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 2172(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.
(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.)
784 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
785 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.)
786 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.)
787 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
788 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.)
Chapter 41.--CONGRESSIONAL OFFICERS AND ADMINISTRATION
794 Sec. 4101. Authority of officers of Congress over
Congressional
employees.
(a) Qualifications determinations; removal and discipline
Each officer of the Congress having responsibility for
the supervision of employees, including employees appointed
upon recommendation of Members of Congress, shall have
authority--
(1) to determine, before the appointment of
any individual as an employee under the
supervision of that officer of the Congress,
whether that individual possesses the
qualifications necessary for the satisfactory
performance of the duties and responsibilities
to be assigned to him; and
(2) to remove or otherwise discipline any
employee under his supervision.
(b) ``Officer of the Congress'' defined
As used in this section, the term ``officer of the
Congress'' means--
(1) an elected officer of the Senate or
House of Representatives who is not a Member of
the Senate or House; and
(2) the Architect of the Capitol. (Pub.L.
91-510, Sec. 431, Oct. 26, 1970, 84 Stat. 1190.)
CODIFICATION
Section was formerly classified to section 60-1 of this
title prior to editorial reclassification and renumbering as
this section.
795 Sec. 4102. 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.)
CODIFICATION
Section was formerly classified to section 111 of this
title prior to editorial reclassification and renumbering as
this section.
796 Sec. 4103. 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.)
CODIFICATION
Section was formerly classified to section 111b of this
title prior to editorial reclassification and renumbering as
this section.
797 Sec. 4104. 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.)
CODIFICATION
Section was formerly classified to section 109 of this
title prior to editorial reclassification and renumbering as
this section.
798 Sec. 4105. 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.)
CODIFICATION
Section was formerly classified to section 110 of this
title prior to editorial reclassification and renumbering as
this section.
799 Sec. 4106. 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.)
CODIFICATION
Section was formerly classified to section 119 of this
title prior to editorial reclassification and renumbering as
this section.
800 Sec. 4107. 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.)
CODIFICATION
Section was formerly classified to section 102a of this
title prior to editorial reclassification and renumbering as
this section.
801 Sec. 4108. 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 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;
(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.)
CODIFICATION
Section was formerly classified to section 104a of this
title prior to editorial reclassification and renumbering as
this section.
802 Sec. 4109. 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 801.
The Secretary of the Senate and the Chief Administrative
Officer of the House of Representatives, respectively, shall
report to Congress on the first day of each regular session,
and at the expiration of their terms of service, a full and
complete statement of all their receipts and expenditures as
such officers, showing in detail the items of expense,
classifying them under the proper appropriations, and also
showing the aggregate thereof, and exhibiting in a clear and
concise manner the exact condition of all public moneys by
them received, paid out, and remaining in their possession
as such officers. (R.S. Sec. 70; Aug. 20, 1996, Pub.L. 104-
186, Title II Sec. 204(60), 110 Stat. 1738.)
CODIFICATION
Section was formerly classified to section 113 of this
title prior to editorial reclassification and renumbering as
this section.
803 Sec. 4110. 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.)
CODIFICATION
Section was formerly classified to section 51 of this
title prior to editorial reclassification and renumbering as
this section.
804 Sec. 4123. 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.)
CODIFICATION
Section was formerly classified to section 121g of this
title prior to editorial reclassification and renumbering as
this section.
805 Sec. 4131. House Recording Studio; Senate Recording Studio
and Senate Photographic Studio.
(a) Establishment
There is established the House Recording Studio, the
Senate Recording Studio, and the Senate Photographic Studio.
(b) Assistance in making disk, film, and tape recordings;
exclusiveness of use
The House Recording Studio shall assist Members of the
House of Representatives in making disk, film, and tape
recordings, and in performing such other functions and
duties in connection with the making of such recordings as
may be necessary. The Senate Recording Studio and the Senate
Photographic Studio shall assist Members of the Senate and
committees of the Senate in making disk, film, and tape
recordings, and in performing such other functions and
duties in connection with the making of such recordings as
may be necessary. The House Recording Studio shall be for
the exclusive use of Members of the House of Representatives
(including the Delegates and the Resident Commissioner from
Puerto Rico); the Senate Recording Studio and the Senate
Photographic Studio shall be for the exclusive use of
Members of the Senate, the Vice President, committees of the
Senate, the Secretary of the Senate, and the Sergeant at
Arms of the Senate.
(c) Operation of studios
The House Recording Studio shall be operated by the
Chief Administrative Officer of the House of Representatives
under the direction and control of a committee which is
created (hereinafter referred to as the committee) composed
of three Members of the House. Two members of the committee
shall be from the majority party and one member shall be
from the minority party, to be appointed by the Speaker. The
committee is authorized to issue such rules and regulations
relating to operation of the House Recording Studio as it
may deem necessary.
The Senate Recording Studio and the Senate Photographic
Studio shall be operated by the Sergeant at Arms of the
Senate under the direction and control of the Committee on
Rules and Administration of the Senate. The Committee on
Rules and Administration is authorized to issue such rules
and regulations relating to operation of the Senate
Recording Studio and the Senate Photographic Studio as it
may deem necessary.
(d) Prices of disk, film, and tape recordings; collection of
moneys
The Chief Administrative Officer of the House of
Representatives shall, subject to the approval of the
committee, set the price of making disk, film, and tape
recordings, and collect all moneys owed the House Recording
Studio. The Committee on Rules and Administration of the
Senate shall set the price of making disk, film, and tape
recordings and all moneys owed the Senate Recording Studio
and the Senate Photographic Studio shall be collected by the
Sergeant at Arms of the Senate.
(e) Restrictions on expenditures
No moneys shall be expended or obligated for the House
Recording Studio except as shall be pursuant to such
regulations as the committee may approve. No moneys shall be
expended or obligated by the Director of the Senate
Recording Studio or the Director of the Senate Photographic
Studio until approval therefor has been obtained from the
Sergeant at Arms of the Senate.
(f) Appointment of Director and other employees of House
Recording Studio
The Chief Administrative Officer of the House of
Representatives is authorized, subject to the approval of
the committee, to appoint a Director of the House Recording
Studio and such other employees as are deemed necessary to
the operation of the House Recording Studio.
(g) Revolving funds
There is established in the Treasury of the United
States, a revolving fund for the House Recording Studio for
the purposes of administering the duties of that studio.
There is also established in the Treasury of the United
States a revolving fund, within the contingent fund of the
Senate, which shall be known as the ``Senate Photographic
Studio Revolving Fund'', for the purpose of administering
the duties of the Senate Photographic Studio; and there is
established in the Treasury of the United States, a
revolving fund, within the contingent fund of the Senate,
which shall be known as the ``Senate Recording Studio
Revolving Fund'', for the purpose of administering the
duties of the Senate Recording Studio.
(h) Deposits in funds; availability of funds
All moneys received by the House Recording Studio from
Members of the House of Representatives for disk, film, or
tape recordings, or from any other source, shall be
deposited by the Chief Administrative Officer of the House
of Representatives in the revolving fund established for the
House Recording Studio by subsection (g) of this section;
moneys in such fund shall be available for disbursement
therefrom by the Chief Administrative Officer of the House
of Representatives for the care, maintenance, operation, and
other expenses of the studio upon vouchers signed and
approved in such manner as the committee shall prescribe.
All moneys received by the Senate Recording Studio shall be
deposited in the Senate Recording Studio Revolving Fund
established by subsection (g) of this section and all funds
received by the Senate Photographic Studio shall be
deposited in the Senate Photographic Studio Revolving Fund
established by such subsection; moneys in the Senate
Recording Studio Revolving Fund shall be available for
disbursement therefrom upon vouchers signed by the Sergeant
at Arms and Doorkeeper of the Senate for the care,
maintenance, operation, and other expenses of the Senate
Recording Studio, and moneys in the Senate Photographic
Studio Revolving Fund shall be available for disbursement
therefrom upon vouchers signed by the Sergeant at Arms and
Doorkeeper of the Senate for the care, maintenance,
operation, and other expenses of the Senate Photographic
Studio.
(i) Distribution of equity of Joint Senate and House
Recording Facility Revolving Fund; assignment of
existing studio facilities, equipment, materials and
supplies; transfer of accounts; reserve fund;
distribution of balance
(1) As soon as practicable after June 27, 1956, but no
later than September 30, 1956, the equity of the Joint
Senate and House Recording Facility Revolving Fund shall be
distributed equally to the Senate and House of
Representatives on the basis of an audit to be made by the
General Accounting Office.
(2) The Sergeant at Arms of the Senate and the Clerk of
the House of Representatives shall, subject to the approval
of the committees mentioned in subsection (c) of this
section, determine the assignment of existing studio
facilities to the Senate and the House of Representatives,
and also the existing equipment, materials and supplies to
be transferred to the respective studios. The evaluation of
equipment, materials and supplies transferred to each studio
shall be on the basis of market value. Any other equipment,
materials and supplies determined to be obsolete or not
needed for the operation of the respective studio shall be
disposed of to the best interest of the Government and the
proceeds thereof deposited in the Joint Senate and House
Recording Facility Revolving Fund.
(3) Accounts receivable, which on the effective date of
liquidation, are due from Members and committees of the
Senate shall be transferred to the Senate Studio, and those
due from Members and committees of the House of
Representatives shall be transferred to the House Studio.
(4) A sufficient reserve shall be set aside from the
Joint Senate and House Recording Facility Revolving Fund to
liquidate any outstanding accounts payable.
(5) After appropriate adjustments for the value of
assets assigned or transferred to the Senate and House of
Representatives, respectively, the balance in the Joint
Senate and House Recording Facility Revolving Fund shall be
distributed equally to the Senate and House of
Representatives for deposit to the respective revolving
funds authorized by this section.
(j) Availability of existing services and facilities
Pending acquisition of the stock, supplies, materials,
and equipment necessary to properly equip both studios, the
present services and facilities shall be made available to
both studios in order that each studio may carry out its
duty.
(k) Restrictions on employment
No person shall be an officer or employee of the House
Recording Studio, Senate Recording Studio, or Senate
Photographic Studio while he is engaged in any other
business, profession, occupation, or employment which
involves the performance of duties which are similar to
those which would be performed by him as such an officer or
employee of such studio unless approved in writing by the
committee in the case of the House Recording Studio and the
Senate Committee on Rules and Administration in the case of
the Senate Recording Studio and the Senate Photographic
Studio.
(l) Abolition of Joint Recording Facility positions and
salaries
The Joint Recording Facility positions and salaries
established pursuant to the Legislative Branch Appropriation
Act, 1948, and all subsequent Acts are abolished.
(m) Repeals
Effective with the completion of the transfer provided
for by subsection (i) of this section the joint resolution
entitled ``Joint resolution establishing in the Treasury of
the United States a revolving fund within the contingent
fund of the House of Representatives'', approved August 7,
1953, is repealed.
(n) Repealed (Pub.L. 92-310, Title II, Sec. 220(j), June 6,
1972, 86 Stat. 205)
(o) Authorization of appropriations
Such sums as may be necessary to carry out the
provisions of this section are authorized to be
appropriated. (June 27, 1956, ch. 453, Sec. 105, 70 Stat.
370; Pub.L. 88-652, Sec. 16(a), Oct. 13, 1964, 78 Stat.
1084; Pub.L. 92-310, Title II, Sec. 220(j), June 6, 1972, 86
Stat. 205; Pub.L. 96-304, Title I, Sec. 108(a), July 8,
1980, 94 Stat. 890; Pub.L. 97-257, Title I, Sec. 102, Sept.
10, 1982, 96 Stat. 849; Pub.L. 101-520, Title I, Sec. 7(a),
(c), (d), Nov. 5, 1990, 104 Stat. 2258, 2259; Pub.L. 104-
186, Title II, Sec. 204(68), Aug. 20, 1996, 110 Stat. 1740.)
CODIFICATION
Section was formerly classified to section 123b of this
title prior to editorial reclassification and renumbering as
this section.
806 Sec. 4132. 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.)
CODIFICATION
Section was formerly classified to section 123b-1 of
this title prior to editorial reclassification and
renumbering as this section.
Chapter 43.--CONGRESSIONAL COMMITTEES
820 Sec. 4301. 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 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 respect to continued
employment with the committee as the committee may deem
necessary to assure that it will receive the benefits of
such employee's services upon completion of his training.
(4) During any period for which an employee is separated
from employment with a committee for the purpose of
undergoing training under this subsection, such employee
shall be considered to have performed service (in a nonpay
status) as an employee of the committee at the rate of
compensation received immediately prior to commencing such
training (including any increases in compensation provided
by law during the period of training) for the purposes of--
(A) subchapter III (relating to civil
service retirement) of chapter 83 of Title 5,
(B) chapter 87 (relating to Federal
employees group life insurance) of Title 5, and
(C) chapter 89 (relating to Federal
employees group health insurance) of Title 5.
(Aug. 2, 1946, Ch. 753, Sec. 202, 60 Stat. 834;
July 30, 1947, Ch. 361, Sec. 101, 61 Stat. 611;
Feb. 24, 1949, ch. 8, 63 Stat. 6; Aug. 5, 1955,
Ch. 568, Sec. 12, 69 Stat. 509; Pub.L. 85-462,
Sec. 4(o), June 20, 1958, 72 Stat. 209; Pub.L.
88-426, Title II, Sec. 202(j), Aug. 14, 1964, 78
Stat. 414; Pub.L. 91-510, Sec. Sec. 301(a)-(c),
303-304, Title IV, Sec. 477(a)(3), Oct. 26,
1970, 84 Stat. 1175, 1176, 1179, 1180, 1195;
Pub.L. 92-136, Sec. 5, Oct. 11, 1971, 85 Stat.
378; H. Res. 549, Mar. 25, 1980; Pub.L. 100-458,
Sec. 312, Oct. 1, 1988, 102 Stat. 2184; Pub.L.
104-186, Title II, Sec. 204(10-11), Aug. 20,
1996, 110 Stat. 1731; Pub.L. 105-55, Title I,
Sec. 105(a), Oct. 7, 1997, 111 Stat. 1184.)
CODIFICATION
Section was formerly classified to section 72a of this
title prior to editorial reclassification and renumbering as
this section.
822 Sec. 4303. 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.)
CODIFICATION
Section was formerly classified to section 105 of this
title prior to editorial reclassification and renumbering as
this section.
831 Sec. 4331. 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 4331 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.
CODIFICATION
Section was formerly classified to section 68c of this
title prior to editorial reclassification and renumbering as
this section.
832 Sec. 4332. 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 with respect to such committee is
terminated. (Pub.L. 95-94, Title I, Sec. 111(c), Aug. 5,
1977, 91 Stat. 662.)
CODIFICATION
Section was formerly classified to section 72a-1e of
this title prior to editorial reclassification and
renumbering as this section.
833 Sec. 4333. Expenses of committees payable from Senate
contingent fund.
When any duty is imposed upon a committee involving
expenses that are ordered to be paid out of the contingent
fund of the Senate, upon vouchers to be approved by the
chairman of the committee charged with such duty, the
receipt of such chairman for any sum advanced to him or his
order out of said contingent fund by the Secretary of the
Senate for committee expenses not involving personal
services shall be taken and passed by the accounting
officers of the Government as a full and sufficient voucher;
but it shall be the duty of such chairman, as soon as
practicable, to furnish to the Secretary of the Senate
vouchers in detail for the expenses so incurred. (Mar. 3,
1879, Ch. 183, 20 Stat. 419; June 10, 1921, Ch. 18,
Sec. 305, 42 Stat. 24; June 22, 1949, Ch. 235, Sec. 101, 63
Stat. 218.)
Cross Reference
Payments from contingent fund of Senate not to be made
unless sanctioned, the vouchers of which are declared
conclusive upon all departments of Government, see section
6503 of this title (Senate Manual section 1006).
CODIFICATION
Section was formerly classified to section 69 of this
title prior to editorial reclassification and renumbering as
this section.
834 Sec. 4334. 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.)
CODIFICATION
Section was formerly classified to section 69-1 of this
title prior to editorial reclassification and renumbering as
this section.
835 Sec. 4336. 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).
(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.)
CODIFICATION
Section was formerly classified to section 72d of this
title prior to editorial reclassification and renumbering as
this section.
836 Sec. 4337. 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.)
CODIFICATION
Section was formerly classified to section 72d-1 of this
title prior to editorial reclassification and renumbering as
this section.
837 Sec. 4338. 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''.
CODIFICATION
Section was formerly classified to section 72a-1f of
this title prior to editorial reclassification and
renumbering as this section.
Chapter 45.--CONGRESSIONAL PAY AND BENEFITS
845 Sec. 4501. 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 $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.)
CODIFICATION
Section was formerly classified to section 31 of this
title prior to editorial reclassification and renumbering as
this section.
846 Sec. 4503. Jury and witness service by Senate and House
employees.
(a) Definitions
For purposes of this section--
(1) ``employee'' means any individual whose
pay is disbursed by the Secretary of the Senate
or the Chief Administrative Officer of the House
of Representatives; and
(2) ``court of the United States'' has the
meaning given it by section 451 of Title 28, and
includes the United States District Court for
the District of the Canal Zone, the District
Court of Guam, and the District Court of the
Virgin Islands.
(b) Service as juror or witness in connection with a
judicial proceeding; prohibition against reduction in
pay
The pay of an employee shall not be reduced during a
period of absence with respect to which the employee is
summoned (and permitted to respond to such summons by the
appropriate authority of the House of the Congress
disbursing his pay), in connection with a judicial
proceeding by a court or authority responsible for the
conduct of that proceeding, to serve--
(1) as a juror; or
(2) other than as provided in subsection (c)
of this section, as a witness on behalf of any
party in connection with any judicial proceeding
to which the United States, the District of
Columbia, or a State or local government is a
party;
in the District of Columbia, a State, territory, or
possession of the United States including the Commonwealth
of Puerto Rico, the Canal Zone, or the Trust Territory of
the Pacific Islands. For purposes of this subsection,
``judicial proceeding'' means any action, suit, or other
judicial proceeding, including any condemnation,
preliminary, informational, or other proceeding of a
judicial nature, but does not include an administrative
proceeding.
(c) Official duty
An employee is performing official duty during the
period with respect to which he is summoned (and is
authorized to respond to such summons by the House of the
Congress disbursing his pay), or is assigned by such House,
to--
(1) testify or produce official records on
behalf of the United States or the District of
Columbia; or
(2) testify in his official capacity or
produce official records on behalf of a party
other than the United States or the District of
Columbia.
(d) Prohibition on receipt of jury or witness fees
(1) An employee may not receive fees for service--
(A) as juror in a court of the United States
or the District of Columbia; or
(B) as a witness on behalf of the United
States or the District of Columbia.
(2) If an employee receives an amount (other than travel
expenses) for service as a juror or witness during a period
in which his pay may not be reduced under subsection (b) of
this section, or for which he is performing official duty
under subsection (c) of this section, the employee shall
remit such amount to the officer who disburses the pay of
the employee, which amount shall be covered into the general
fund of the Treasury as miscellaneous receipts.
(e) Travel expenses
(1) An employee summoned (and authorized to respond to
such summons by the House of the Congress disbursing his
pay), or assigned by such House, to testify or produce
official records on behalf of the United States is entitled
to travel expenses. If the case involves an activity in
connection with which he is employed, the travel expenses
shall be paid from funds otherwise available for the payment
of travel expenses of such House in accordance with travel
regulations of that House. If the case does not involve such
an activity, the department, agency, or independent
establishment of the United States on whose behalf he is so
testifying or producing records shall pay to the employee
his travel expenses out of appropriations otherwise
available, and in accordance with regulation applicable, to
that department, agency, or independent establishment for
the payment of travel expenses.
(2) An employee summoned (and permitted to respond to
such summons by the House of the Congress disbursing his
pay), or assigned by such House, to testify in his official
capacity or produce official records on behalf of a party
other than the United States, is entitled to travel
expenses, unless any travel expenses are paid to the
employee for his appearance by the court, authority, or
party which caused him to be summoned.
(f) Rules and regulations
The Committee on Rules and Administration of the Senate
and the Committee on House Oversight of the House of
Representatives are authorized to prescribe, for employees
of their respective Houses, such rules and regulations as
may be necessary to carry out the provisions of this
section.
(g) Congressional consent not conferred for production of
official records or to testimony concerning activities
related to employment
No provision of this section shall be construed to
confer the consent of either House of the Congress to the
production of official records of that House or to testimony
by an employee of that House concerning activities related
to his employment. (Pub.L. 91-563, Sec. 6, Dec. 19, 1970, 84
Stat. 1478; Pub.L. 94-310, Sec. 2, June 15, 1976, 90 Stat.
687; Pub.L. 104-186, Title II, Sec. 204(74), (75), Aug. 20,
1996, 110 Stat. 1741.)
CODIFICATION
Section was formerly classified to section 130b of this
title prior to editorial reclassification and renumbering as
this section.
847 Sec. 4504. Nonpay status for Congressional employees
studying under Congressional staff fellowships.
(a) With respect to each employee of the Senate or House
of Representatives--
(1) whose compensation is disbursed by the
Secretary of the Senate or the Chief
Administrative Officer of the House of
Representatives, and
(2) who, on or after January 1, 1963 shall
have been separated from employment with the
Senate or House of Representatives in order to
pursue certain studies under a congressional
staff fellowship awarded by the American
Political Science Association,
the period of time covered by such fellowship shall be held
and considered to be service (in a nonpay status) in
employment with the Senate or House of Representatives, as
the case may be, at the rate of compensation received
immediately prior to separation (including any increases in
compensation provided by law during the period covered by
such fellowship) for the purposes of the provisions of law
specified in subsection (b) of this section, if the award of
such fellowship to such employee is certified to the
Secretary of the Senate or the Chief Administrative Officer
of the House of Representatives, as appropriate, by the
appointing authority concerned or, in the event of the death
or disability of such appointing authority, is established
to the satisfaction of the Secretary of the Senate or the
Chief Administrative Officer of the House of Representatives
by records or other evidence.
(b) The provisions of law referred to in subsection (a)
of this section are--
(1) subchapter III (relating to civil
service retirement) of chapter 83 of Title 5;
(2) chapter 87 (relating to Federal
employees group life insurance) of Title 5; and
(3) chapter 89 (relating to Federal
employees group health insurance) of Title 5.
(Pub.L. 89-379, Mar. 30, 1966, 80 Stat. 94;
Pub.L. 104-186, Title II, Sec. 204(73), Aug. 20,
1996, 110 Stat. 1741.)
CODIFICATION
Section was formerly classified to section 130a of this
title prior to editorial reclassification and renumbering as
this section.
848 Sec. 4505. Voluntary separation incentive payments
(a) Authority to offer payments
Notwithstanding any other provision of law, the head of
any office in the legislative branch may establish a program
under which voluntary separation incentive payments may be
offered to eligible employees of the office to encourage
such employees to separate from service voluntarily (whether
by retirement or resignation), in accordance with this
section.
(b) Amount and administration of payments
A voluntary separation incentive payment made under this
section--
(1) shall be paid in a lump sum after the
employee's separation;
(2) shall be equal to the lesser of--
(A) an amount equal to the
amount the employee would be
entitled to receive under section
5595(c) of Title 5, if the employee
were entitled to payment under such
section (without adjustment for any
previous payment made); or
(B) an amount determined by the
head of the office involved, not to
exceed $25,000;
(3) may be made only in the case of an
employee who voluntarily separates (whether by
retirement or resignation) under this section;
(4) shall not be a basis for payment, and
shall not be included in the computation, of any
other type of Government benefit;
(5) shall not be taken into account in
determining the amount of any severance pay to
which the employee may be entitled under section
5595 of Title 5 based on any other separation;
and
(6) shall be paid from appropriations or
funds available for the payment of the basic pay
of the employee.
(c) Plan
(1) Plan required for making payments
No voluntary separation incentive
payment may be paid under this section with
respect to an office unless the head of the
office submits a plan described in paragraph
(2) to each applicable committee described
in paragraph (3), and each applicable
committee approves the plan.
(2) Contents of plan
A plan described in this paragraph with
respect to an office is a plan containing
the following information:
(A) The specific positions and
functions to be reduced or
eliminated.
(B) A description of which
categories of employees will be
offered incentives.
(C) The time period during which
incentives may be paid.
(D) The number and amounts of
voluntary separation incentive
payments to be offered.
(E) A description of how the
office will operate without the
eliminated positions and functions.
(3) Applicable committee
For purposes of this subsection, the
``applicable committee'' with respect to an
office means any committee of the House of
Representatives or Senate with jurisdiction
over the activities of the office under the
applicable rules of the House of
Representatives and the Senate (as
determined by the head of the office), but
does not include the Committees on
Appropriations of the House of
Representatives and the Senate.
(d) Repealed. Pub.L. 112-74, Div. G, Title I,
Sec. 1401(a)(1), Dec. 23, 2011, 125 Stat. 1134
(e) Eligible employee defined
(1) In general
In this section, an ``eligible
employee'' is an employee (as defined in
section 2105, United States Code\1\) or a
Congressional employee (as defined in
section 2107, United States Code\2\) who--
\1\So in original. Probably should be ``section 2105 of
title 5, United States Code.''
\2\So in original. Probably should be ``section 2107 of
title 5, United States Code.''
(A) is serving under an
appointment without time limitation;
and
(B) has been currently employed
for a continuous period of at least
3 years.
(2) Exclusions
An ``eligible employee'' does not
include any of the following:
(A) A reemployed annuitant under
subchapter III of chapter 83 or 84
of Title 5 or another retirement
system for employees of the
Government.
(B) An employee having a
disability on the basis of which
such employee is or would be
eligible for disability retirement
under subchapter III of chapter 83
or 84 of Title 5 or another
retirement system for employees of
the Government.
(C) An employee who is in
receipt of a decision notice of
involuntary separation for
misconduct or unacceptable
performance.
(D) An employee who has
previously received any voluntary
separation incentive payment from
the Federal Government under this
section or any other authority.
(E) An employee covered by
statutory reemployment rights who is
on transfer employment with another
organization.
(F) Any employee who--
(i) during the 36-month
period preceding the date of
separation of that employee,
performed service for which
a student loan repayment
benefit was or is to be paid
under section 5379 of Title
5 or any other authority;
(ii) during the 24-month
period preceding the date of
separation of that employee,
performed service for which
a recruitment or relocation
bonus was or is to be paid
under section 5753 of such
title or any other
authority; or
(iii) during the 12-
month period preceding the
date of separation of that
employee, performed service
for which a retention bonus
was or is to be paid under
section 5754 of such title
or any other authority.
(f) Repayment for individuals returning to Government
employment
(1) In general
Subject to paragraph (2), an employee who has received a
voluntary separation incentive payment under this section
and accepts employment with the Government of the United
States within 5 years after the date of the separation on
which the payment is based shall be required to repay the
entire amount of the incentive payment to the office that
paid the incentive payment.
(2) Waiver for individuals possessing unique
abilities
(A) If the employment is with an
Executive agency (as defined by
section 105 of Title 5, but
excluding the Government
Accountability Office), the Director
of the Office of Personnel
Management may, at the request of
the head of the agency, waive the
repayment required under this
subsection if the individual
involved possesses unique abilities
and is the only qualified applicant
available for the position.
(B) If the employment is with an
entity in the legislative branch,
the head of the entity or the
appointing official may waive the
repayment required under this
subsection if the individual
involved possesses unique abilities
and is the only qualified applicant
available for the position.
(C) If the employment is with
the judicial branch, the Director of
the Administrative Office of the
United States Courts may waive the
repayment required under this
subsection if the individual
involved possesses unique abilities
and is the only qualified applicant
available for the position.
(3) Treatment of personal services contracts
For purposes of paragraph (1) (but not paragraph (2)),
the term ``employment'' includes employment under a personal
services contract with the United States.
(g) Effective date
This section shall take effect on December 8, 2004, and
shall apply with respect to the portion of fiscal year 2005
occurring on and after December 8, 2004, and to each
succeeding fiscal year.
(Pub.L. 108-447, Div. G, Title II, Sec. 210, Dec. 8,
2004, 118 Stat. 3194; Pub.L. 112-74, Div. G, Title I,
Sec. 1401(a), Dec. 23, 2011, 125 Stat. 1134.)
Note
Pub.L. 112-74, Div. G, Title I, Sec. 1401(c), Dec. 23, 2011,
125 Stat. 1134, provided that: ``The amendments made by this
section [amending this section and 5 U.S.C.A. Sec. 3521]
shall apply with respect to voluntary separation incentive
payments made during fiscal year 2012 or any succeeding
fiscal year.''
CODIFICATION
Section was formerly classified to section 60q of this
title prior to editorial reclassification and renumbering as
this section.
849 Sec. 4506. 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.)
CODIFICATION
Section was formerly classified to section 125a of this
title prior to editorial reclassification and renumbering as
this section.
850 Sec. 4507. Longevity compensation.\1\
\1\The application of this section is restricted by
section 4509 of this section.
(a) Eligible employees
This section shall apply to--
(1) each employee of the Senate whose
compensation is paid from the appropriation for
Salaries, Officers and Employees under the
following headings:
(A) Office of the Secretary, including
individuals employed under authority of
section 74b of this title;
(B) Office of the Sergeant at Arms and
Doorkeeper, except employees designated as
``special employees''; and
(C) Offices of the Secretaries for the
Majority and the Minority;
(2) each employee of the Senate authorized
by Senate resolution to be appointed by the
Secretary of the Senate or the Sergeant at Arms
and Doorkeeper, except employees designated as
``special employees''; and
(3) each employee of the Capitol Guide
Service established under section 851 of Title
40.
(b) Rate of compensation; limitation on increases;
computation of service; effective date of payment
(1) Except as provided in paragraph (2), an employee to
whom this section applies shall be paid, during any period
of continuous creditable service, additional annual
compensation (hereinafter referred to as ``longevity
compensation'') at the rate of $482 for (A) each year of
creditable service performed for the first five years and
(B) each two years of creditable service performed during
the twenty-year period following the first five years.
(2) The amount of longevity compensation which may be
paid to an employee, when added to his regular annual
compensation, shall not exceed the maximum annual
compensation which may be paid to Senate employees generally
as prescribed by law or orders of the President pro tempore
issued under authority of section 60a-1 of this title.
(3) For purposes of this section--
(A) creditable service includes (i) service
performed as an employee described in subsection
(a) of this section, (ii) service performed 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.)
CODIFICATION
Section was formerly classified to section 60j of this
title prior to editorial reclassification and renumbering as
this section.
851 Sec. 4508. 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.)
CODIFICATION
Section was formerly classified to section 60j-2 of this
title prior to editorial reclassification and renumbering as
this section.
852 Sec. 4509. 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.)
CODIFICATION
Section was formerly classified to section 60j-4 of this
title prior to editorial reclassification and renumbering as
this section.
855 Sec. 4521. 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.)
CODIFICATION
Section was formerly classified to section 47 of this
title prior to editorial reclassification and renumbering as
this section.
856 Sec. 4522. 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.)
CODIFICATION
Section was formerly classified to section 40 of this
title prior to editorial reclassification and renumbering as
this section.
857 Sec. 4523. 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.)
CODIFICATION
Section was formerly classified to section 40a of this
title prior to editorial reclassification and renumbering as
this section.
858 Sec. 4524. Withholding of charitable contributions from
salaries paid by Secretary of Senate and from employees
of Architect of Capitol.
(a) Definitions
For purposes of this section, the term--
(1) ``Secretary'' means the Secretary of the
Senate; and
(2) ``Architect'' means the Architect of the
Capitol.
(b) Notice; deduction and transmission
(1) The Secretary and the Architect shall notify
individuals whose pay is disbursed by the Secretary or who
are employees of the Architect, including employees of the
Botanic Garden or the Senate Restaurants of the opportunity
to have amounts withheld from their pay pursuant to this
section for contribution to national voluntary health and
welfare agencies designated by the Director of the Office of
Personnel Management pursuant to Executive Order 12353,
dated March 23, 1982.
(2) Upon request by such an individual specifying the
amount to be withheld and one Combined Federal Campaign
Center in the Washington metropolitan area to receive such
amount, the Secretary, the Architect, or any other officer
who disburses the pay of such individual, as the case may
be, shall--
(A) withhold such amount from the pay of
such individual; and
(B) transmit (not less than once each
calendar quarter) the amount so withheld to the
Combined Federal Campaign Center as specified in
such request.
(c) Time of withholding and transmission
The Secretary and the Architect shall, to the extent
practicable, carry out subsection (b) of this section at or
about the time of the Combined Federal Campaign and other
fundraising in the executive branch of the Federal
Government conducted pursuant to Executive Order 12353,
dated March 23, 1982, and at such other times as each such
officer deems appropriate.
(d) Amount
(1) No amount shall be withheld under subsection (b) of
this section from the pay of any individual for any pay
period if the amount of such pay for such period is less
than the sum of--
(A) the amount specified to be withheld from
such pay under subsection (b) of this section
for such period; plus
(B) the amount of all other withholdings
from such pay for such period.
(2) No amount may be specified by an individual to be
withheld for any pay period under subsection (b) of this
section which is less than--
(A) 50 cents, if the pay period of such
individual is biweekly or semimonthly; or
(B) $1, if the pay period of such individual
is monthly.
(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.)
CODIFICATION
Section was formerly classified to section 60c-4 of this
title prior to editorial reclassification and renumbering as
this section.
870 Sec. 4571. 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
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.)
CODIFICATION
Section was formerly classified to section 60a-1 of this
title prior to editorial reclassification and renumbering as
this section.
871 Sec. 4572. 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.)
CODIFICATION
Section was formerly classified to section 60a-1a of
this title prior to editorial reclassification and
renumbering as this section.
872 Sec. 4573. Senate pay adjustments; action by President pro
tempore of Senate.
(a) Whenever, after November 5, 1990, there is an
adjustment in rates of pay for Senators (other than an
adjustment which occurs by virtue of an adjustment under
section 5303 of Title 5 in rates of pay under the General
Schedule), the President pro tempore of the Senate may,
notwithstanding any other provision of law, rule, or
regulation, adjust the rate of pay (and any minimum or
maximum rate, limitation, or allowance) applicable to
personnel whose pay is disbursed by the Secretary of the
Senate to the extent necessary to maintain the same pay
relationships that existed on December 31, 1986, between
personnel and Senators and between positions.
(b) Adjustments made by the President pro tempore under
this section shall be made in such manner as he considers
advisable and shall have the force and effect of law.
(Pub.L. 101-520, Title III, Sec. 315, Nov. 5, 1990, 104
Stat. 2283; Pub.L. 102-90, Title III, Sec. 308, Aug. 14,
1991, 105 Stat. 466.)
CODIFICATION
Section was formerly classified to section 60a-1b of
this title prior to editorial reclassification and
renumbering as this section.
873 Sec. 4574. 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.)
CODIFICATION
Section was formerly classified to section 61 of this
title prior to editorial reclassification and renumbering as
this section.
874 Sec. 4575. 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 appointment or other new rate of
compensation, the certification must be received by such
office on or before the day the rate of new compensation is
to become effective. In any other case, the changed rate of
compensation shall take effect on the first day of the month
in which such certification is received (if such
certification is received within the first ten days of such
month), on the first day of the month after the month in
which such certification is received (if the day on which
such certification is received is after the twenty-fifth day
of the month in which it is received), and on the sixteenth
day of the month in which such certification is received (if
such certification is received after the tenth day and
before the twenty-sixth day of such month). Notwithstanding
the preceding sentence, if the certification for a changed
rate of compensation for an employee specifies an effective
date of such change, such change shall become effective on
the date so specified, but only if the date so specified is
the first or sixteenth day of a month and is after the
effective date prescribed in the preceding sentence; and,
notwithstanding such sentence and the preceding provisions
of this sentence, any changed rate of compensation for a new
employee or an employee transferred from one appointing
authority to another shall take effect on the date of such
employee's appointment or transfer (as the case may be) if
such date is later than the effective date for such changed
rate of compensation as prescribed by such sentence.
(b) Conversion; increase in computation
Note.--This subsection has been executed.
(c) Reference in other provisions to basic rates and
additional compensation as reference to per annum gross
rate
In any case in which the rate of compensation of any
employee or position, or class of employees or positions,
the compensation for which is disbursed by the Secretary of
the Senate, or any maximum or minimum rate with respect to
any such employee, position, or class, is referred to in or
provided by statute or Senate resolution, and the rate so
referred to or provided is a basic rate with respect to
which additional compensation is provided by law, such
statutory provision or resolution shall be deemed to refer,
in lieu of such basic rate, to the per annum gross rate
which an employee receiving such basic rate immediately
prior to August 1, 1967, would receive (without regard to
such statutory provision or resolution) under subsection (b)
of this section on and after such date.
(d) Compensation of employees in office of Senator;
limitation; titles of positions
Note
This subsection sets forth the maximum and minimum
salaries which may be paid to employees in the office of a
Senator. These figures are changed annually by Orders of the
President pro tempore of the Senate issued under authority
of section 4 of the Federal Pay Comparability Act of 1970.
For the current figures consult the Senate Disbursing
Office.
Each Member of the Senate is authorized by section
111(c) of the Legislative Branch Appropriation Act, 1978
(Pub. Law 95-94, 91 Stat. 662-663, Aug. 5, 1977), to
designate employees in his office to assist him in
connection with his membership on committees of the Senate.
With certain exceptions, an employee so designated is to be
accorded all privileges of a professional staff member of
the committee to which designated. The text of section
111(c) is as follows:
(c)(1) A Senator may designate employees in his office
to assist him in connection with his membership on
committees of the Senate. An employee may be designated with
respect to only one committee.
(2) An employee designated by a Senator under this
subsection shall be certified by him to the chairman and
ranking minority member of the committee with respect to
which such designation is made. Such employee shall be
accorded all privileges of a professional staff member
(whether permanent or investigatory) of such committee
including access to all committee sessions and files, except
that any such committee may restrict access to its sessions
to one staff member per Senator at a time and require, if
classified material is being handled or discussed, that any
staff member possess the appropriate security clearance
before being allowed access to such material or to
discussion of it. Nothing contained in this paragraph shall
be construed to prohibit a committee from adopting policies
and practices with respect to the application of this
subsection which are similar to the policies and practices
adopted with respect to the application of section 705(c)(1)
of Senate Resolution 4, 95th Congress, and section 106(c)(1)
of the Supplemental Appropriations Act, 1977.
(3) A Senator shall notify the chairman and ranking
minority member of a committee whenever a designation of an
employee under this subsection with respect to such
committee is terminated.
Sec. 111(a) provides for an amount to be added to each
Senator's Official Personnel and Expense Account for
compensation of committee-related employees authorized under
subsection (c). This amount is subject to change annually by
Orders of the President pro tempore of the Senate issued
under authority of section 4 of the Federal Pay
Comparability Act of 1970. For the current figure consult
the Senate Disbursing Office.
Sec. 111(b) repealed, effective the first day of the
100th Congress. (Oct. 21, 1987, Sec. 3, Pub.L. 100-137, 101
Stat. 819.)
(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. 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.)
CODIFICATION
Section was formerly classified to section 61-1 of this
title prior to editorial reclassification and renumbering as
this section.
875 Sec. 4576. 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.)
CODIFICATION
Section was formerly classified to section 61-1a of this
title prior to editorial reclassification and renumbering as
this section.
876 Sec. 4577. 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.)
CODIFICATION
Section was formerly classified to section 61-1b of this
title prior to editorial reclassification and renumbering as
this section.
877 Sec. 4578. 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.)
CODIFICATION
Section was formerly classified to section 66a of this
title prior to editorial reclassification and renumbering as
this section.
878 Sec. 4579 Student loan repayment program.
(a) Definitions
In this section:
(1) Eligible employee
The term ``eligible employee'' means an
individual, except as provided under
subsection (b)(3)--
(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''--
(A) has the meaning given the
term under section 1301 of this
title; and
(B) includes any employee of the
Office of Congressional
Accessibility Services whose pay is
disbursed by the Secretary of the
Senate.
(3) Employing Office
The term ``employing office''--
(A) means the employing office,
as defined under section 1301 of
this title, of an employee of the
Senate; and
(B) includes the Office of
Congressional Accessibility Services
with respect to employees of that
office whose pay is disbursed by the
Secretary 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--
(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) of this section;
(IV) disclosure of the
program limitations provided
for in subsection (d)(4) of
this section and paragraphs
(2), (3), (6), and (7) of
subsection (f) of this
section;
(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.
(3) Exclusion from participation in dual programs
Notwithstanding section 5379 of Title 5, an
employee of the Office of Congressional
Accessibility Services may not participate in
the student loan repayment program through an
agreement under that section and participate in
the student loan repayment program through a
service agreement under this section at the same
time.
(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 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--
(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
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
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; Pub.L. 112-74, Div. G, Title I,
Sec. 1001(a), (b), Dec. 23, 2011, 125 Stat. 1124.)
CODIFICATION
Section was formerly classified to section 60c-5 of this
title prior to editorial reclassification and renumbering as
this section.
879 Sec. 4580. Lump sum payment for accrued annual leave of
Senate employees.
(a) Authorization
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) Rates
(1) A lump sum payment under this section
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) Source of payment
Any payment under this section shall be paid from the
appropriation account or fund used to pay the employee.
(d) Reemployment refund
If an individual who received a lump sum payment under
this section 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) Regulations
The Committee on Rules and Administration of the Senate
may prescribe regulations to carry out this section.
(f) Definitions
In this section, 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.
(Pub. L. 106-554, Sec. 1(a)(2) [title I, Sec. 6], Dec.
21, 2000, 114 Stat. 2763, 2763A-97.)
CODIFICATION
Section was formerly classified as a note under section
60o of this title prior to editorial reclassification and
renumbering as this section.
880 Sec. 4581. Aggregate gross compensation of employee of
Senator of State with population under 5,000,000.
(a) Notwithstanding the provisions of section 61-1(d)(1)
of this title, and except as otherwise provided in
subparagraph (C) of such paragraph, the aggregate of gross
compensation paid employees in the office of a Senator shall
not exceed during each fiscal year $1,012,083 if the
population of his State is less than 5,000,000.
(b) Subsection (a) of this section shall take effect
October 1, 1991. (Pub.L. 102-90, Title I, Sec. 5, Aug. 14,
1991, 105 Stat. 450.)
CODIFICATION
Section was formerly classified to section 61-1c of this
title prior to editorial reclassification and renumbering as
this section.
885 Sec. 4591. 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.)
CODIFICATION
Section was formerly classified to section 60c-1 of this
title prior to editorial reclassification and renumbering as
this section.
886 Sec. 4592. 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.)
CODIFICATION
Section was formerly classified to section 36a of this
title prior to editorial reclassification and renumbering as
this section.
887 Sec. 4593. 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.
(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.)
CODIFICATION
Section was formerly classified to section 130c of this
title prior to editorial reclassification and renumbering as
this section.
888 Sec. 4594. 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
(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.)
CODIFICATION
Section was formerly classified to section 60c-3 of this
title prior to editorial reclassification and renumbering as
this section.
889 Sec. 4595. 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.)
CODIFICATION
Section was formerly classified to section 60p of this
title prior to editorial reclassification and renumbering as
this section.
Chapter 47.--CONGRESSIONAL ETHICS
900 Sec. 4701. 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.)
CODIFICATION
Section was formerly classified to section 101 of this
title prior to editorial reclassification and renumbering as
this section.
901 Sec. 4702. 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.)
CODIFICATION
Section was formerly classified to section 104d of this
title prior to editorial reclassification and renumbering as
this section.
910 Sec. 4721. 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.)
CODIFICATION
Section was formerly classified to section 72a-1g of
this title prior to editorial reclassification and
renumbering as this section.
911 Sec. 4722. 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.
(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.)
CODIFICATION
Section was formerly classified to section 72a-1h of
this title prior to editorial reclassification and
renumbering as this section.
912 Sec. 4723. 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.)
CODIFICATION
Section was formerly classified to section 72a-1i of
this title prior to editorial reclassification and
renumbering as this section.
913 Sec. 4724. 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.)
CODIFICATION
Section was formerly classified to section 60-2 of this
title prior to editorial reclassification and renumbering as
this section.
914
Sec. 4725. 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 consumed or enjoyed in
connection with a gift of overnight lodging, or
(7) anything of value given to a spouse or
dependent of a reporting individual by the
employer of such spouse or dependent in
recognition of the service provided by such
spouse or dependent; and
(B) the term ``relative'' has the same
meaning given to such term in section 107(2) of
Title I of the Ethics in Government Act of 1978
(Pub.L. 95-521).
(4) If a Member, officer, or employee, after exercising
reasonable diligence to obtain the information necessary to
comply with this rule, unknowingly accepts a gift described
in paragraph (1) such Member, officer, or employee shall,
upon learning of the nature of the gift and its source,
return the gift or, if it is not possible to return the
gift, reimburse the donor for the value of the gift.
(5)(A) Notwithstanding the provisions of this
subsection, a Member, officer, or employee of the Senate may
participate in a program, the principal objective of which
is educational, sponsored by a foreign government or a
foreign educational or charitable organization involving
travel to a foreign country paid for by that foreign
government or organization if such participation is not in
violation of any law and if the Select Committee on Ethics
has determined that participation in such program by
Members, officers, or employees of the Senate is in the
interests of the Senate and the United States.
(B) Any Member who accepts an invitation to participate
in any such program shall notify the Select Committee in
writing of his acceptance. A Member shall also notify the
Select Committee in writing whenever he has permitted any
officer or employee whom he supervises to participate in any
such program. The chairman of the Select Committee shall
place in the Congressional Record a list of all individuals,
participating, the supervisors of such individuals where
applicable, and the nature and itinerary of such program.
(C) No Member, officer, or employee may accept funds in
connection with participation in a program permitted under
subparagraph (A) if such funds are not used for necessary
food, lodging, transportation, and related expenses of the
Member, officer, or employee.
(b) Limits on domestic and foreign travel by Members and
staff of Senate
The term ``necessary expenses'', with respect to limits
on domestic and foreign travel by Members and staff of the
Senate, means reasonable expenses for food, lodging, or
transportation which are incurred by a Member, officer, or
employee of the Senate in connection with services provided
to (or participation in an event sponsored by) the
organization which provides reimbursement for such expenses
or which provides the food, lodging, or transportation
directly. Necessary expenses do not include the provision of
food, lodging, or transportation, or the payment for such
expenses, for a continuous period in excess of 3 days
exclusive of travel time within the United States or 7 days
exclusive of travel time outside of the United States unless
such travel is approved by the Committee on Ethics as
necessary for participation in a conference, seminar,
meeting or similar matter. Necessary expenses do not include
the provision of food, lodging, or transportation, or the
payment for such expenses, for anyone accompanying a Member,
officer, or employee of the Senate, other than the spouse or
child of such Member, officer, or employee of the Senate or
one Senate employee acting as an aide to a Member. (Pub.L.
101-194, Title IX, Sec. 901, Nov. 30, 1989, 103 Stat. 1778;
Pub.L. 101-280, Sec. 8, May 4, 1990, 104 Stat. 162; Pub.L.
102-90, Title III Sec. 314(c), Aug. 14, 1991, 105 Stat.
470.)
CODIFICATION
Section was formerly classified to section 31-2 of this
title prior to editorial reclassification and renumbering as
this section.
915 Sec. 4726. 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.)
CODIFICATION
Section was formerly classified to section 31-3 of this
title prior to editorial reclassification and renumbering as
this section.
916 Sec. 4727. 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.)
CODIFICATION
Section was formerly classified to section 104g of this
title prior to editorial reclassification and renumbering as
this section.
917 Sec. 4728. 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.)
CODIFICATION
Section was formerly classified to section 104f of this
title prior to editorial reclassification and renumbering as
this section.
Chapter 49.--CONGRESSIONAL PAGES
925 Sec. 4901. Congressional pages.
(a) Appointment conditions
A person shall not be appointed as a page of the Senate
or House of Representatives--
(1) unless he agrees that, in the absence of
unforeseen circumstances preventing his service
as a page after his appointment, he will
continue to serve as a page for a period
specified in writing at the time of the
appointment; and
(2) until complete information in writing is
transmitted to his parent or parents, his legal
guardian, or other appropriate person or persons
acting as his parent or parents, with respect to
the nature of the work of pages, their pay,
their working conditions (including hours and
scheduling of work), and the housing
accommodations available to pages.
(b) Qualifications
A person shall not serve as a page--
(1) of the Senate before he has attained the
age of 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.)
CODIFICATION
Section was formerly classified to section 88b-1 of this
title prior to editorial reclassification and renumbering as
this section.
926 Sec. 4902. 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 necessary furnishings and equipment,
for pages of the Senate, the House of Representatives, and
the Supreme Court of the United States.
(b) Acquisition of property in District of Columbia
The Architect of the Capitol, under the joint direction
and supervision of the Senate Office Building Commission and
the House Office Building Commission, is authorized to
acquire on behalf of the United States, by purchase,
condemnation, transfer, or otherwise, such publicly or
privately owned real property in the District of Columbia
(including all alleys, and parts of alleys, and streets
within the curblines surrounding such real property) located
in the vicinity of the United States Capitol Grounds, as may
be approved jointly by the Senate Office Building Commission
and the House Office Building Commission, for the purpose of
constructing on such real property, in accordance with this
section, a suitable dormitory and classroom facilities
complex for pages of the Senate, the House of
Representatives, and the Supreme Court of the United States.
(c) Condemnation proceedings
Any proceeding for condemnation instituted under
subsection (b) of this section shall be
conducted in accordance with subchapter IV of chapter 13
of title 16 of the District of Columbia Code.
(d) Transfer of United States owned property
Notwithstanding any other provision of law, any real
property owned by the United States, and any alleys, or
parts of alleys and streets, contained within the curblines
surrounding the real property acquired on behalf of the
United States under this section shall be transferred, upon
the request of the Architect of the Capitol made with the
joint approval of the Senate Office Building Commission and
the House Office Building Commission, to the jurisdiction
and control of the Architect of the Capitol.
(e) Alley and street closures by Mayor of the 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 1922, 1961, 1966,
1967, and 1969 of this title and sections 5101 to 5107 and
5109 of title 40.
(g) Designation; employment of services under supervision
and control of Architect of the Capitol: joint approval
and direction of Speaker and President pro tempore;
annual estimates to Congress; regulations governing
Architect of the Capitol
The building constructed on the real property acquired
under this section shall be designated the ``John W.
McCormack Residential Page School''. The employment of all
services (other than that of the United States Capitol
Police) necessary for its protection, care, maintenance, and
use, for which appropriations are made by Congress, shall be
under the control and supervision of the Architect of the
Capitol. Such supervision and control shall be subject to
the joint approval and direction of the Speaker and the
President pro tempore. The Architect shall submit annually
to the Congress estimates in detail for all services, other
than those of the United States Capitol Police or those
provided in connection with the conduct of school operations
and the personal supervision of pages, and for all other
expenses in connection with the protection, care,
maintenance, and use of the John W. McCormack Residential
Page School. The Speaker and the President pro tempore shall
prescribe, from time to time, regulations governing the
Architect in the provision of services and the protection,
care, and maintenance, of the John W. McCormack Residential
Page School.
(h) Joint appointee for supervision and control over page
activities; regulations; Residence Superintendent of
Pages: appointment, compensation, and duties; additional
personnel: appointment and compensation
The Speaker of the House of Representatives and the
President pro tempore of the Senate jointly shall designate
an officer of the House and an officer of the Senate, other
than a Member of the House or Senate, who shall jointly
exercise supervision and control over the activities of the
pages resident in the John W. McCormack Residential Page
School. With the approval of the Speaker and the President
pro tempore, such officers so designated shall prescribe
regulations governing----
(1) the actual use and occupancy of the John
W. McCormack Residential Page School including,
if necessary, the imposition of a curfew for
pages;
(2) the conduct of pages generally; and
(3) other matters pertaining to the
supervision, direction, safety, and well-being
of pages in off-duty hours.
Such officers, subject to the approval of the Speaker
and the President pro tempore, jointly shall appoint and fix
the per annum gross rate of pay of a Residence
Superintendent of Pages, who shall perform such duties with
respect to the supervision of pages resident therein as
those officials shall prescribe. In addition, such officers,
subject to the approval of the Speaker and the President pro
tempore, jointly shall appoint and fix the per annum gross
rates of pay of such additional personnel as may be
necessary to assist those officers and the Residence
Superintendent of Pages in carrying out their functions
under this section.
(i) Section 4903 of this title unaffected
Nothing in this part shall affect the operation of
section 4903 of this title, relating to educational
facilities of pages and other minors who are congressional
employees.
(Pub. L. 91-510, title IV, Sec. 492, Oct. 26, 1970, 84
Stat. 1199; Pub. L. 93-198, title IV, Sec. 421, Dec. 24,
1973, 87 Stat. 789; Pub. L. 104-186, title II,
Sec. 204(34)(C), Aug. 20, 1996, 110 Stat. 1734.)
CODIFICATION
Section was formerly classified to section 2161 of this
title prior to editorial reclassification and renumbering as
this section.
927
Sec. 4903. 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.)
CODIFICATION
Section was formerly classified to section 88b of this
title prior to editorial reclassification and renumbering as
this section.
930 Sec. 4914. 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.)
CODIFICATION
Section was formerly classified to section 88c-2 of this
title prior to editorial reclassification and renumbering as
this section.
931 Sec. 4915. 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.)
CODIFICATION
Section was formerly classified to section 88c-3 of this
title prior to editorial reclassification and renumbering as
this section.
932 Sec. 4916. 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.)
CODIFICATION
Section was formerly classified to section 88c-4 of this
title prior to editorial reclassification and renumbering as
this section.
935 Sec. 4931. 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.)
CODIFICATION
Section was formerly classified to section 88b-7 of this
title prior to editorial reclassification and renumbering as
this section.
Chapter 53.--HOUSE OF REPRESENTATIVES MEMBERS
938 Sec. 5302. Salaries payable monthly after taking oath
Each Member and Delegate, after he has taken and
subscribed the required oath, is entitled to receive his
salary at the end of each month.
(R.S. Sec. 39.)
CODIFICATION
Section was formerly classified to section 35 of this
title prior to editorial reclassification and renumbering as
this section.
939 Sec. 5303. End-of-the-month salary payment schedule
inapplicable to Senators
Section 5302 of this title shall not be construed as
being applicable to a Senator. (Pub. L. 97-51, Sec. 112(c),
Oct. 1, 1981, 95 Stat. 963.)
CODIFICATION
Section was formerly classified to section 35a of this
title prior to editorial reclassification and renumbering as
this section.
940 Sec. 5323. 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 the fiscal year ending June 30, 1928
(2 U.S.C. 92a) [this section] shall not be applicable to any
employee of the Senate.''
CODIFICATION
Section was formerly classified to section 92a of this
title prior to editorial reclassification and renumbering as
this section.
Chapter 55.--HOUSE OF REPRESENTATIVES OFFICERS AND
ADMINISTRATION
942 Sec. 5503. 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.)
CODIFICATION
Section was formerly classified to section 118 of this
title prior to editorial reclassification and renumbering as
this section.
943 Sec. 5504. 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.)
CODIFICATION
Section was formerly classified to section 118a of this
title prior to editorial reclassification and renumbering as
this section.
Chapter 61.--SENATE LEADERSHIP
950 Sec. 6101. 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.
(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.)
CODIFICATION
Section was formerly classified to section 31a-2d of
this title prior to editorial reclassification and
renumbering as this section.
951 Sec. 6102. 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.)
CODIFICATION
Section was formerly classified to section 31a-1 of this
title prior to editorial reclassification and renumbering as
this section.
955 Sec. 6111. Compensation of President pro tempore of Senate.
Whenever there is no Vice President, the President of
the Senate for the time being is entitled to the
compensation provided by law for the Vice President. (R.S.
Sec. 36.)
Cross References
Compensation of Vice President, see section 104 of Title
3, United States Code, relating to the President (Senate
Manual section 1122).
CODIFICATION
Section was formerly classified to section 32 of this
title prior to editorial reclassification and renumbering as
this section.
956 Sec. 6112. 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.
CODIFICATION
Section was formerly classified to section 32a of this
title prior to editorial reclassification and renumbering as
this section.
957 Sec. 6113. 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.)
CODIFICATION
Section was formerly classified to section 61k of this
title prior to editorial reclassification and renumbering as
this section.
958
Sec. 6114. 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.)
CODIFICATION
Section was formerly classified to section 61l of this
title prior to editorial reclassification and renumbering as
this section.
959 Sec. 6115. 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, 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.]
CODIFICATION
Section was formerly classified to section 32b of this
title prior to editorial reclassification and renumbering as
this section.
960 Sec. 6116. 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.)
CODIFICATION
Section was formerly classified to section 42a of this
title prior to editorial reclassification and renumbering as
this section.
961 Sec. 6117. 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.)
CODIFICATION
Section was formerly classified to section 46a of this
title prior to editorial reclassification and renumbering as
this section.
962 Sec. 6118. 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.)
CODIFICATION
Section was formerly classified to section 46d-1 of this
title prior to editorial reclassification and renumbering as
this section.
965 Sec. 6131. 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.
CODIFICATION
Section was formerly classified to section 61h-4 of this
title prior to editorial reclassification and renumbering as
this section.
966 Sec. 6132. Assistants to Senate Majority and Minority
Leaders for Floor Operations; establishment of
positions; appointment; compensation.
Effective October 1, 1983, there is established within
the Offices of the Majority and Minority Leaders the
positions of Assistant to the Majority Leader for Floor
Operations and Assistant to the Minority Leader for Floor
Operations, respectively. Individuals appointed to such
positions by the Majority Leader and Minority Leader,
respectively, shall receive compensation at a rate fixed by
the appropriate Leader not to exceed the maximum annual rate
of gross compensation of the Assistant Secretary of the
Senate. (Pub.L. 98-51, Title I, Sec. 101(a), July 14, 1983,
97 Stat. 265.)
CODIFICATION
Section was formerly classified to section 61h-5 of this
title prior to editorial reclassification and renumbering as
this section.
967 Sec. 6133. 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.)
CODIFICATION
Section was formerly classified to section 61h-7 of this
title prior to editorial reclassification and renumbering as
this section.
968 Sec. 6134. 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.)
CODIFICATION
Section was formerly classified to section 61j-2 of this
title prior to editorial reclassification and renumbering as
this section.
969 Sec. 6135. 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.
(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.)
CODIFICATION
Section was formerly classified to section 31a-2 of this
title prior to editorial reclassification and renumbering as
this section.
970 Sec. 6136. 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.)
CODIFICATION
Section was formerly classified to section 31a-2a of
this title prior to editorial reclassification and
renumbering as this section.
971 Sec. 6137. 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.)
CODIFICATION
Section was formerly classified to section 31a-2b of
this title prior to editorial reclassification and
renumbering as this section.
972 Sec. 6138. 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.)
CODIFICATION
Section was formerly classified to section 31a-2c of
this title prior to editorial reclassification and
renumbering as this section.
975 Sec. 6153. 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.
(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.)
CODIFICATION
Section was formerly classified to section 61g-6a of
this title prior to editorial reclassification and
renumbering as this section.
976 Sec. 6154. 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.)
CODIFICATION
Section was formerly classified to section 61g-6b of
this title prior to editorial reclassification and
renumbering as this section.
977 Sec. 6155. 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. 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.)
CODIFICATION
Section was formerly classified to section 61g-6 of this
title prior to editorial reclassification and renumbering as
this section.
978 Sec. 6157. 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.
(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.)
CODIFICATION
Section was formerly classified to section 61g-7 of this
title prior to editorial reclassification and renumbering as
this section.
979 Sec. 6158. 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.)
CODIFICATION
Section was formerly classified to section 61g-8 of this
title prior to editorial reclassification and renumbering as
this section.
980 Sec. 6159. 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.)
CODIFICATION
Section was formerly classified to section 31a-3 of this
title prior to editorial reclassification and renumbering as
this section.
981 Sec. 6160. 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.)
CODIFICATION
Section was formerly classified to section 31a-4 of this
title prior to editorial reclassification and renumbering as
this section.
Chapter 63.--SENATE MEMBERS
989 Sec. 6301. 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.)
CODIFICATION
Section was formerly classified to section 33 of this
title prior to editorial reclassification and renumbering as
this section.
990 Sec. 6302. 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.''
CODIFICATION
Section was formerly classified to section 36 of this
title prior to editorial reclassification and renumbering as
this section.
991 Sec. 6311. 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.
(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.)
CODIFICATION
Section was formerly classified to section 43d of this
title prior to editorial reclassification and renumbering as
this section.
992 Sec. 6312. 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.)
CODIFICATION
Section was formerly classified to section 67 of this
title prior to editorial reclassification and renumbering as
this section.
993
Sec. 6313. Senators' Official Personnel and Office Expense
Account.
(1) Effective January 1, 1988, there shall be, within
the contingent fund of the Senate, a separate appropriation
account to be known as the ``Senators' Official Personnel
and Office Expense Account'' (hereinafter in this section
referred to as the ``Senators' Account'').
(2) The Senators' Account shall be used for the funding
of all items, activities, and expenses which, immediately
prior to January 1, 1988, were funded under either (A) the
Senate appropriation account for ``Administrative, Clerical,
and Legislative Assistance Allowance to Senators''
(hereinafter in this section referred to as the ``Senators'
Clerk Hire Allowance Account'') under the headings
``SENATE'' and ``Salaries, Officers and Employees'', or (B)
that part of the account, within the contingent fund of the
Senate, for ``Miscellaneous Items'' (hereinafter in this
section referred to as the ``Senators' Official Office
Expense Account'') which is available for allocation to
Senatorial Official Office Expense Accounts. In addition,
the Senators' Account shall be used for the funding of
agency contributions payable with respect to compensation
payable by such account, but moneys appropriated to such
account for this purpose shall not be available for any
other purpose. The account, which in clause (A) of the first
sentence of this paragraph is identified as the ``Senators'
Clerk Hire Allowance Account'' and the account, which in
clause (B) of such sentence is identified as the ``Senators'
Official Office Expense Account'' shall, when referred to in
other law, rule, regulation, or order (whether referred to
by such name or any other) shall on and after January 1,
1988, be deemed to refer to the ``Senators' Official
Personnel and Office Expense Account.''
(3)(A) Effective on January 1, 1988, there shall be
transferred to the Senators' Account from the Senators'
Clerk Hire Allowance Account all funds therein which were
available for expenditure or obligation during the fiscal
year ending September 30, 1988, and from the Senators'
Official Office Expense Account so much of the funds therein
as was available for expenditure or obligation for the
period commencing January 1, 1988, and ending September 30,
1988; except that the Senators' Official Office Expense
Account shall remain in being solely for the purpose 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.)
CODIFICATION
Section was formerly classified to section 58c of this
title prior to editorial reclassification and renumbering as
this section.
994 Sec. 6314. Mail, telegraph, telephone, stationery, office
supplies, and home State office and travel expenses for
Senators.
(a) Authorization for payment from Senate contingent fund
The contingent fund of the Senate is made available for
payment (including reimbursement) to or on behalf of each
Senator, upon certification of the Senator, for the
following expenses incurred by the Senator and his staff:
(1) telecommunications equipment and
services subject to such regulations as may be
promulgated by the Committee on Rules and
Administration of the Senate;
(2)(A) stationery and other office supplies
procured for use for official business, and
(B) metered charges for use of copying
equipment provided by the Sergeant at Arms and
Doorkeeper of the Senate;
(3)(A) [Repealed. (Pub.L. 101-520, Title I,
Sec. 11, Nov. 5, 1990, 104 Stat. 2260.)]
(B) postage on, and fees and charges in
connection with official mail matter sent
through the mail other than the franking
privilege upon certification by the Senate
Sergeant at Arms and subject to such regulations
as may be promulgated by the Committee on Rules
and Administration, and
(C) costs incurred in the preparation of
required official reports, and the acquisition
of mailing lists to be used for official
purposes and in the mailing, delivery, or
transmitting of matters relating to official
business;
(4) official office expenses incurred (other
than for equipment and furniture and expenses
described in paragraphs (1) through (3)) for an
office in his home State;
(5) expenses incurred for publications
printed or recorded in any way for auditory and
visual use (including subscriptions to books,
newspapers, magazines, clipping, and other
information services);
(6) subject to the provisions of subsection
(e) of this section, reimbursement of travel
expenses incurred by the Senator and employees
in his office;
(7) expenses incurred for additional office
equipment and services related thereto (but not
including personal services), in accordance with
regulations promulgated by the Committee on
Rules and Administration of the Senate;
(8) charges officially incurred for
recording and photographic services and
products; and
(9) such other official expenses as the
Senator determines to be necessary.
Payment under this section shall be made only upon
presentation of itemized vouchers for expenses incurred and,
in the case of expenses paid or reimbursed under paragraphs
(6) and (9), only upon presentation of detailed itemized
vouchers for such expenses. Vouchers presented for payment
under this section shall be accompanied by such
documentation as is required under regulations promulgated
by the Committee on Rules and Administration of the Senate.
No payment shall be made under paragraph (4) or (9) for any
expense incurred for entertainment or meals.
(b) Limits for authorized expenses; recalculation formula
(1)(A) Except as is otherwise provided in the succeeding
paragraphs of this subsection and subject to subparagraph
(B) of this paragraph, the total amount of expenses
authorized to be paid to or on behalf of a Senator under
this section shall not exceed for calendar year 1977 or any
calendar year thereafter an amount equal to one-half of the
sum of the amounts authorized to be paid under this section
on the day before August 5, 1977, to or on behalf of both of
the Senators from the State which he represents, increased
by an amount equal to twenty percent thereof and rounded to
the next higher multiple of $1,000.
(B) In the event that the term of office of a Senator
begins after the first month of any such calendar year or
ends (except by reason of death, resignation, or expulsion)
before the last month of any such calendar year, the
aggregate amount available to such Senator for such year
shall be the aggregate amount computed under paragraph (1)
of this subsection, divided by 12, and multiplied by the
number of months in such year which are included in the
Senator's term of office, counting any fraction of a month
as a full month.
(2)(A) In the case of the period which commences January
1, 1988, and ends September 30, 1988, the total of--
(i) the expenses paid to or on behalf of a
Senator under this section for such period, plus
(ii) the aggregate amount of gross
compensation which is paid to employees in the
office of such Senator for such period (as
determined for purposes of section 61-1(d) of
this title),
shall not exceed the aggregate of--
(iii) subject to subparagraph (B), an amount
equal to 75 percent of the amount of the
authorized expenses under this section for the
calendar year ending December 31, 1987, as
determined in the case of a Senator, who
represents the State which such Senator
represents, whose term of office included all of
such calendar year, plus
(iv) the amount by which (I) the aggregate
of the gross compensation which may be paid to
employees in the office of such Senator for the
fiscal year ending September 30, 1988, pursuant
to the limitations imposed by section 61-1(d) of
this title (as determined without regard to
paragraph (1)(B) thereof), exceeds (II) the
aggregate amount of gross compensation which is
paid to employees in the office of such Senator
for that part of such fiscal year which precedes
January 1, 1988.
(B) In the event that the term of office of a Senator
begins after the first month of the period which commences
January 1, 1988, and ends September 30, 1988, or ends
(except by reason of death, resignation, or expulsion)
before the last month of such period, the amount computed
pursuant to subparagraph (A)(iii) of this paragraph (but
before application of this subparagraph) shall be
recalculated as follows: such amount, as computed under
subparagraph (A)(iii) of this paragraph, shall be divided by
9, and multiplied by the number of months in such period
which are included in the Senator's term of office, counting
any fraction of a month as a full month.
(3)(A) In the case of the fiscal year beginning October
1, 1988, or any fiscal year thereafter, the total of--
(i) the expenses paid to or on behalf of a
Senator under this section for such fiscal year,
plus
(ii) the aggregate amount of gross
compensation which is paid to employees in the
office of such Senator for such fiscal year (as
determined for purposes of section 61-1(d) of
this title),
shall not exceed the aggregate of--
(iii) subject to subparagraph (B)--
(I) in case the Senator represents
Alabama, $116,300, Alaska, $221,600,
Arizona, $128,975, Arkansas, $118,250,
California, $168,950, Colorado, $124,100,
Connecticut, $105,575, Delaware, $95,825,
Florida, $120,200, Georgia, $116,300,
Hawaii, $245,000, Idaho, $128,000, Illinois,
$138,725, Indiana, $116,300, Iowa, $119,225,
Kansas, $119,225, Kentucky, $115,325,
Louisiana, $120,200, Maine, $110,450,
Maryland, $100,700, Massachusetts, $114,350,
Michigan $124,100, Minnesota, $120,200,
Mississippi, $118,250, Missouri, $121,175,
Montana, $128,000, Nebraska, $120,200,
Nevada, $129,950, New Hampshire, $106,550,
New Jersey, $110,450, New Mexico, $125,075,
New York, $145,550, North Carolina,
$112,400, North Dakota, $119,225, Ohio,
$129,950, Oklahoma, $123,125, Oregon,
$132,875, Pennsylvania, $128,975, Rhode
Island, $104,600, South Carolina, $110,450,
South Dakota, $120,200, Tennessee, $116,300,
Texas, $149,450, Utah, $128,000, Vermont,
$105,575, Virginia, $106,550, Washington,
$135,800, West Virginia, $105,575,
Wisconsin, $119,225, Wyoming, $123,125, plus
(II) the amount that is equal to the
Senator's share for the fiscal year, as
determined in accordance with regulations of
the Committee on Rules and Administration,
of the amount made available within the
Senators' Official Personnel and Office
Expense Account in the contingent fund of
the Senate for official mail expenses of
Senators, plus
(iv) the aggregate of the gross compensation
which may be paid to employees in the office of
such Senator for such fiscal year, under the
limitations imposed by section 61-1(d) of this
title, but without regard to the provisions of
paragraph (1)(C)(iv) thereof.
(B) In the event that the term of office of a Senator
begins after the first month of any such fiscal year or ends
(except by reason of death, resignation, or expulsion)
before the last month of any such fiscal year, that part of
the amount referred to in subparagraph (A)(iii)(I) shall be
recalculated as follows: such amount, as computed under
subparagraph (iii), shall be divided by 12, and multiplied
by the number of months in such year which are included in
the Senator's term of office, counting any fraction of a
month as a full month; and the amount referred to in
subparagraph (A)(iii)(II) shall be recalculated in
accordance with regulations of the Committee on Rules and
Administration.
(c) Repealed (Pub.L. 97-51, Sec. 122, Oct. 1, 1981, 95 Stat.
965)
(d) Repealed (Pub.L. 93-371, Sec. 101(3)(e), Aug. 13, 1974,
88 Stat. 429)
(e) Transportation, essential travel-related expenses, and
per diem expenses; coverage; limitations; amounts\1\
\1\S. Res. 540, 96-2, agreed to Dec. 8, 1980, provided:
``That, until otherwise provided by law, reimbursement
with respect to travel expenses incurred by a Senator or
employee described in section 506(e) of the Supplemental
Appropriations Act, 1973 (2 U.S.C. 58(e)); shall be made
as if the phrase `only for actual transportation
expenses' read `for travel expenses essential to the
transaction of official business while away from his
official station or post of duty.'''
Subject to and in accordance with regulations
promulgated by the Committee on Rules and Administration of
the Senate, a Senator and the employees in his office shall
be reimbursed under this section for travel expenses
incurred by the Senator or employee while traveling on
official business within the United States. The term
``travel expenses'' includes actual transportation expenses,
essential travel-related expenses, and, where applicable,
per diem expenses (but not in excess of actual expenses.) A
Senator or an employee of the Senator shall not be
reimbursed for any travel expenses (other than actual
transportation expenses) for any travel occurring during the
sixty days immediately before the date of any primary or
general election (whether regular, special, or runoff) in
which the Senator is a candidate for public office (within
the meaning of section 431(b) of this title), unless his
candidacy in such election is uncontested. For purposes of
this subsection and subsection (a)(6) of this section, an
employee in the Office of the President pro tempore, Deputy
President pro tempore, Majority Leader, Minority Leader,
Majority Whip, Minority Whip, Secretary of the Conference of
the Majority, or Secretary of the Conference of the Minority
shall be considered to be an employee in the office of the
Senator holding such office.
(f) Omitted
(g) Closing of deceased Senator's State offices
In the case of the death of any Senator, the chairman of
the Committee on Rules and Administration may certify for
such deceased Senator for any portion of such sum already
obligated but not certified to at the time of such Senator's
death, and for any additional amount which may be reasonably
needed for the purpose of closing such deceased Senator's
State offices, for payment to the person or persons
designated as entitled to such payment by such chairman.
(h) Individuals serving on panels or other bodies
recommending nominees for Federal judgeships, service
academies, United States Attorneys, or United States
Marshals
For purposes of subsections (a) and (e) of this section,
an individual who is selected by a Senator to serve on a
panel or other body to make recommendations for nominees to
one or more Federal judgeships or to one or more service
academies or one or more positions of United States Attorney
or United States Marshal shall be considered to be an
employee in the office of that Senator with respect to
travel and official expenses incurred in performing duties
as a member of such panel or other body, and shall be
reimbursed (A) for actual 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. 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.)
CODIFICATION
Section was formerly classified to section 58 of this
title prior to editorial reclassification and renumbering as
this section.
995 Sec. 6315. 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.)
CODIFICATION
Section was formerly classified to section 58a of this
title prior to editorial reclassification and renumbering as
this section.
996 Sec. 6316. United States Code Annotated or United States
Code
Service; procurement for Senators.
In lieu of the volumes of the Code of Laws of the United
States, and the supplements thereto, supplied a Senator
under section 212 of Title 1, the Secretary of the Senate is
authorized and directed to supply to a Senator upon written
request of, and as specified by, that Senator--
(1) one copy of each of the volumes of the
United States Code Annotated being published at
the time the Senator takes office, and, as long
as that Senator holds office, one copy of each
replacement volume, each annual pocket part, and
each pamphlet supplementing each such pocket
part to the United States Code Annotated; or
(2) one copy of each of the volumes of the
United States Code Service being published at
the time the Senator takes office, and, as long
as that Senator holds office, one copy of each
replacement volume and each pocket supplement to
the United States Code Service.
A Senator is entitled to make a written request under this
paragraph and be supplied such volumes, pocket parts, and
supplements the first time he takes office as a Senator and
each time thereafter he takes office as a Senator after a
period of time during which he has not been a Senator. In
submitting such written request, the Senator shall certify
that the volumes, pocket parts, or supplements he is to be
supplied are to be for his exclusive, personal use. A
Senator holding office on July 9, 1971, shall be entitled to
file a written request and receive the volumes, pocket
parts, and supplements, as the case may be, referred to in
this paragraph if such request is filed within 60 days after
July 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.)
CODIFICATION
Section was formerly classified to section 55 of this
title prior to editorial reclassification and renumbering as
this section.
997
Sec. 6317. Home State office space for Senators; lease of
office space.
(a) Procurement by Sergeant at Arms of Senate in places
designated by Senator; places subject to use; lease of
office space
(1) The Sergeant at Arms of the Senate shall secure for
each Senator office space suitable for the Senator's
official use in places designated by the Senator in the
State he represents. That space shall be secured in post
offices or other Federal buildings at such places. In the
event suitable office space is not available in post offices
or other Federal buildings, the Sergeant at Arms shall
secure other office space in those places.
(2) The Senator may lease, on behalf of the United
States Senate, the office space so secured for a term not
extending beyond the term of office which he is serving on
the first day of such lease, except that, in the case of a
Senator whose term of office is expiring and who has been
elected for another term, such lease may extend until the
end of the term for which he has been so elected. Each such
lease shall contain a provision permitting its cancellation
upon sixty days written notice by the Sergeant at Arms and
Doorkeeper of the Senate, in the event of the death or
resignation of the Senator. A copy of each such lease shall
be furnished to the Sergeant at Arms. Nothing in this
paragraph shall be construed to require the Sergeant at Arms
to enter into or execute any lease for or on behalf of a
Senator.
(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 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:
(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.)
CODIFICATION
Section was formerly classified to section 59 of this
title prior to editorial reclassification and renumbering as
this section.
998 Sec. 6318. Additional home State office space for Senators.
(a) Presidential declaration of disaster or emergency
Notwithstanding any other provision of law or
regulation, with the approval of the Committee on Rules and
Administration of the Senate, the Sergeant at Arms and
Doorkeeper of the Senate is authorized to provide additional
facilities, services, equipment, and office space for use by
a Senator in that Senator's State in connection with a
disaster or emergency declared by the President under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act [42 U.S.C.A. Sec. 5121 et seq.]. Expenses incurred by
the Sergeant at Arms and Doorkeeper of the Senate under this
section shall be paid from the appropriation account, within
the contingent fund of the Senate, for expenses of the
Office of the Sergeant at Arms and Doorkeeper of the Senate,
upon vouchers signed by the Sergeant at Arms and Doorkeeper
of the Senate with the approval of the Committee on Rules
and Administration of the Senate.
(b) Effective date
This section is effective on and after June 12, 1997.
(Pub.L. 105-18, Title II, Sec. 7002, June 12, 1997, 111
Stat. 192.)
CODIFICATION
Section was formerly classified to section 59-1 of this
title prior to editorial reclassification and renumbering as
this section.
999 Sec. 6319. 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.
(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.)
CODIFICATION
Section was formerly classified to section 59d-1 of this
title prior to editorial reclassification and renumbering as
this section.
1000 Sec. 6320. 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.)
CODIFICATION
Section was formerly classified to section 59b of this
title prior to editorial reclassification and renumbering as
this section.
Chapter 65.--SENATE OFFICERS AND ADMINISTRATION
1004 Sec. 6501. 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.)
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.
CODIFICATION
Section was formerly classified to section 61h-6 of this
title prior to editorial reclassification and renumbering as
this section.
1005 Sec. 6502. Procurement of temporary help.
(a) In general
(1) Subject to regulations that the Committee on Rules
and Administration of the Senate may prescribe, the
Secretary of the Senate and the Sergeant at Arms and
Doorkeeper of the Senate may procure temporary help services
from a private sector source that offers such services. Each
procurement of services under this subsection shall be for
no longer than 30 days.
(2) A person performing services procured under
paragraph (1) shall not, during the period of the
performance of the services, be an employee of the United
States or be considered to be an employee of the United
States for any purpose.
(b) This section shall take effect on October 1, 2001,
and shall apply in fiscal year 2002 and successive fiscal
years. (Pub.L. 107-68, Title I, Sec. 109, Nov. 12, 2001, 115
Stat. 569.)
CODIFICATION
Section was formerly classified to section 61f-10 of
this title prior to editorial reclassification and
renumbering as this section.
1006 Sec. 6503. 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.)
CODIFICATION
Section was formerly classified to section 68 of this
title prior to editorial reclassification and renumbering as
this section.
1007 Sec. 6504. 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.)
CODIFICATION
Section was formerly classified to section 68-1 of this
title prior to editorial reclassification and renumbering as
this section.
1008 Sec. 6505. 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. 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.)
CODIFICATION
Section was formerly classified to section 68-2 of this
title prior to editorial reclassification and renumbering as
this section.
1009 Sec. 6506. 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.)
CODIFICATION
Section was formerly classified to section 68-3 of this
title prior to editorial reclassification and renumbering as
this section.
1010 Sec. 6507. 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.)
CODIFICATION
Section was formerly classified to section 65a of this
title prior to editorial reclassification and renumbering as
this section.
1011 Sec. 6508. 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 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.)
CODIFICATION
Section was formerly classified to section 68-6 of this
title prior to editorial reclassification and renumbering as
this section.
1012 Sec. 6509. 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.)
CODIFICATION
Section was formerly classified to section 68-8 of this
title prior to editorial reclassification and renumbering as
this section.
1013 Sec. 6510. 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.)
CODIFICATION
Section was formerly classified to section 68a of this
title prior to editorial reclassification and renumbering as
this section.
1014 Sec. 6511. Liquidation from appropriations of any unpaid
obligations chargeable to rescinded unexpended balances
of funds
If at the close of any fiscal year there is an
unexpended balance of funds which were appropriated for such
year (or for prior fiscal years) and which are subject to
disbursement by the Secretary of the Senate for any purpose,
then, if such unexpended balance is by law rescinded, any
unpaid obligations chargeable to the balance so rescinded
(or to appropriations for such purpose 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. 97-257, title I, Sec. 106, Sept. 10, 1982, 96
Stat. 849.)
CODIFICATION
Section was formerly classified to section 68d of this
title prior to editorial reclassification and renumbering as
this section.
1015 Sec. 6512. 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 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.)
CODIFICATION
Section was formerly classified to section 65c of this
title prior to editorial reclassification and renumbering as
this section.
1016 Sec. 6513. Per diem and subsistence expenses from Senate
contingent fund.\1\
\1\Pursuant to the authority granted by section 68b the
Committee on Rules and Administration issues ``United
States Senate Travel Regulations.'' Copies of the
regulations currently in effect may be obtained from the
Committee.
No part of the appropriations made under the heading
``Contingent Expenses of the Senate'' may be expended for
per diem and subsistence expenses (as defined in section
5701 of Title 5) at rates in excess of the rates prescribed
by the Committee on Rules and Administration; except that
(1) higher rates may be established by the Committee on
Rules and Administration for travel beyond the limits of the
continental United States, and (2) in accordance with
regulations prescribed by the Committee on Rules and
Administration of the Senate, reimbursement for such
expenses may be made on an actual expense basis of not to
exceed the daily rate prescribed by the Committee on Rules
and Administration in the case of travel within the
continental limits of the United States. This section shall
not apply with respect to per diem or actual travel expenses
incurred by Senators and employees in the office of a
Senator which are reimbursed under section 58 of this title.
(June 27, 1956, Ch. 453, 70 Stat. 360; Aug. 14, 1961, Pub.L.
87-139, Sec. 7, 75 Stat. 340; Nov. 10, 1969, Pub.L. 91-114,
Sec. 3, 83 Stat. 190; May 19, 1975, Pub.L. 94-22, Sec. 8, 89
Stat. 86; Aug. 5, 1977, Pub.L. 95-94, Title I, Sec. 112(e),
91 Stat. 664; Sept. 8, 1978, Pub.L. 95-355, Title I,
Sec. 103, 92 Stat. 533; July 8, 1980, Pub.L. 96-304, Title
I, Sec. 102(b), 94 Stat. 889.)
CODIFICATION
Section was formerly classified to section 68b of this
title prior to editorial reclassification and renumbering as
this section.
1017 Sec. 6514. 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.)
CODIFICATION
Section was formerly classified to section 69a of this
title prior to editorial reclassification and renumbering as
this section.
1018 Sec. 6515. 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.)
CODIFICATION
Section was formerly classified to section 121e of this
title prior to editorial reclassification and renumbering as
this section.
1019 Sec. 6516. 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.)
CODIFICATION
Section was formerly classified to section 117 of this
title prior to editorial reclassification and renumbering as
this section.
1020 Sec. 6517. 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.)
CODIFICATION
Section was formerly classified to section 117b-1 of
this title prior to editorial reclassification and
renumbering as this section.
1021 Sec. 6531. 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.
CODIFICATION
Section was formerly classified to section 61a of this
title prior to editorial reclassification and renumbering as
this section.
1022 Sec. 6532. 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.)
CODIFICATION
Section was formerly classified to section 64a of this
title prior to editorial reclassification and renumbering as
this section.
1023 Sec. 6533. 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.)
CODIFICATION
Section was formerly classified to section 64b of this
title prior to editorial reclassification and renumbering as
this section.
1024 Sec. 6535. 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.)
CODIFICATION
Section was formerly classified to section 61b of this
title prior to editorial reclassification and renumbering as
this section.
1025 Sec. 6537. 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.)
CODIFICATION
Section was formerly classified to section 61c-2 of this
title prior to editorial reclassification and renumbering as
this section.
1026 Sec. 6538. 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.)
CODIFICATION
Section was formerly classified to section 74b of this
title prior to editorial reclassification and renumbering as
this section.
1027 Sec. 6539. Abolition of statutory positions in Office of
Secretary of Senate; Secretary's authority to establish
and fix compensation for positions.
Effective October 1, 1981, all statutory positions in
the Office of the Secretary (other than the positions of the
Secretary of the Senate, Assistant Secretary of the Senate,
Parliamentarian, Financial Clerk, and Director of the Office
of Classified National Security Information) are abolished,
and in lieu of the positions hereby abolished the Secretary
of the Senate is authorized to establish such number of
positions as he deems appropriate and appoint and fix the
compensation of employees to fill the positions so
established; except that the annual rate of compensation
payable to any employee appointed to fill any position
established by the Secretary of the Senate shall not, for
any period of time, be in excess of $1,000 less than the
annual rate of compensation of the Secretary of the Senate
for that period of time; and except that 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.)
CODIFICATION
Section was formerly classified to section 61a-11 of
this title prior to editorial reclassification and
renumbering as this section.
1028 Sec. 6540. 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.)
CODIFICATION
Section was formerly classified to section 61c-1 of this
title prior to editorial reclassification and renumbering as
this section.
1029 Sec. 6541. 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.)
CODIFICATION
Section was formerly classified to section 61b-3 of this
title prior to editorial reclassification and renumbering as
this section.
1030
Sec. 6542. 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.)
CODIFICATION
Section was formerly classified to section 64-1 of this
title prior to editorial reclassification and renumbering as
this section.
1031 Sec. 6543. 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.)
CODIFICATION
Section was formerly classified to section 126-2 of this
title prior to editorial reclassification and renumbering as
this section.
1032 Sec. 6544. 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.)
CODIFICATION
Section was formerly classified to section 126b of this
title prior to editorial reclassification and renumbering as
this section.
1034 Sec. 6561. 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.)
CODIFICATION
Section was formerly classified to section 68e of this
title prior to editorial reclassification and renumbering as
this section.
1035 Sec. 6562. 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.)
CODIFICATION
Section was formerly classified to section 64-2 of this
title prior to editorial reclassification and renumbering as
this section.
1036 Sec. 6563. Payment of certain expenses
(a) In general
Subject to the approval of the Committee on
Appropriations of the Senate, if in any fiscal year amounts
in any appropriations account under the heading ``SENATE''
under the heading ``LEGISLATIVE BRANCH'' are available for
more than 1 fiscal year, the Secretary of the Senate may
establish procedures for the payment of expenses with
respect to that account from any amounts available for that
fiscal year.
(b) Effective date
This section shall apply to fiscal year 2012 and each
fiscal year thereafter. (Pub. L. 112-74, div. G, title I,
Sec. 1, Dec. 23, 2011, 125 Stat. 1118.)
CODIFICATION
Section was formerly classified to section 68f of this
title prior to editorial reclassification and renumbering as
this section.
1037 Sec. 6564. 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.)
CODIFICATION
Section was formerly classified to section 61a-9a of
this title prior to editorial reclassification and
renumbering as this section.
1038 Sec. 6565. 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.)
CODIFICATION
Section was formerly classified to section 61a-9 of this
title prior to editorial reclassification and renumbering as
this section.
1039 Sec. 6566. 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 [2 U.S.C. 431 et
seq.], 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 4301(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.)
CODIFICATION
Section was formerly classified to section 442 of this
title prior to editorial reclassification and renumbering as
this section.
1040 Sec. 6567. 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 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.)
CODIFICATION
Section was formerly classified to section 65f of this
title prior to editorial reclassification and renumbering as
this section.
1041 Sec. 6568. Banking and financial transactions of Secretary
of
Senate.
(a) Reimbursement of banks for costs of clearing items for
Senate
The Secretary of the Senate is authorized to reimburse
any bank which clears items for the United States Senate for
the costs incurred therein. Such reimbursements shall be
made from the contingent fund of the Senate.
(b) Check cashing regulations for Disbursing Office of
Senate
The Secretary of the Senate is authorized to prescribe
such regulations as he deems necessary to govern the cashing
of personal checks by the Disbursing Office of the Senate.
(c) Amounts withheld from disbursements for employee
indebtedness
Whenever an employee whose compensation is disbursed by
the Secretary of the Senate becomes indebted to the Senate
and such employee fails to pay such indebtedness, the
Secretary of the Senate is authorized to withhold the amount
of the indebtedness from any amount which is disbursed by
him and which is due to, or on behalf of, such employee.
Whenever an amount is withheld under this section, the
appropriate account shall be credited in an amount equal to
the amount so withheld. (Pub.L. 94-440, Title I, Sec. 104,
Oct. 1, 1976, 90 Stat. 1443.)
CODIFICATION
Section was formerly classified to section 60c-2a of
this title prior to editorial reclassification and
renumbering as this section.
1042 Sec. 6569. Stationery for Senate; advertisements for.
The Secretary of the Senate shall annually advertise,
once a week for at least four weeks, in one or more of the
principal papers published in the District of Columbia, for
sealed proposals for supplying the Senate during the next
session of Congress with the necessary stationery. The
advertisement must describe the kind of stationery required,
and must require the proposals to be accompanied with
sufficient security for their performance. (R.S. Sec. 65,
66; Feb. 18, 1875, Ch. 80, Sec. 1, 18 Stat. 316; Pub.L. 104-
186, Title II, Sec. 204(55), Aug. 20, 1996, 110 Stat. 1738.)
CODIFICATION
Section was formerly classified to section 106 of this
title prior to editorial reclassification and renumbering as
this section.
1043 Sec. 6570. 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.)
CODIFICATION
Section was formerly classified to section 107 of this
title prior to editorial reclassification and renumbering as
this section.
1044 Sec. 6571. Contracts for separate parts of Senate
stationery.
Sections 6569 and 6570 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.)
CODIFICATION
Section was formerly classified to section 108 of this
title prior to editorial reclassification and renumbering as
this section.
1045 Sec. 6572. 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.)
CODIFICATION
Section was formerly classified to section 112 of this
title prior to editorial reclassification and renumbering as
this section.
1046 Sec. 6573. Senate revolving fund for stationery allowances;
availability of unexpended balances; withdrawals.
There is established within the Contingent Fund of the
Senate a revolving fund which shall consist of (1) the
unexpended balance of the appropriation ``Contingent
Expenses, Senate, Stationery, fiscal year 1957'', (2) any
amounts hereafter appropriated for stationery allowances of
the President of the Senate, and for stationery for use of
officers of the Senate and the Conference of the Majority
and the Conference of the Minority of the Senate, and (3)
any undeposited amounts heretofore received, and any amounts
hereafter received as proceeds of sales by the stationery
room of the Senate. Any moneys in the fund shall be
available until expended for use in the same manner and for
the same purposes as funds heretofore appropriated to the
Contingent Fund of the Senate for stationery, except that
(1) the balance of any amount appropriated for stationery
for use of committees and officers of the Senate which
remains unexpended at the end of any fiscal year and (2)
allowances which are not available for obligation due to
vacancies 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.)
CODIFICATION
Section was formerly classified to section 46a-1 of this
title prior to editorial reclassification and renumbering as
this section.
1047 Sec. 6574. 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.)
CODIFICATION
Section was formerly classified to section 68-7 of this
title prior to editorial reclassification and renumbering as
this section.
1048 Sec. 6575. 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.)
CODIFICATION
Section was formerly classified to section 114 of this
title prior to editorial reclassification and renumbering as
this section.
1049 Sec. 6576. 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.
(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.)
CODIFICATION
Section was formerly classified to section 121d of this
title prior to editorial reclassification and renumbering as
this section.
1050 Sec. 6577. Senate legislative information system.
(a) Development and implementation by Secretary of Senate
The Secretary of the Senate, with the oversight and
approval of the Committee on Rules and Administration of the
Senate, shall oversee the development and implementation of
a comprehensive Senate legislative information system.
(b) Cooperative effort
In carrying out this section, the Secretary of the
Senate shall consult and work with officers and employees of
the House of Representatives. Legislative branch agencies
and departments and agencies of the executive branch shall
provide cooperation, consultation, and assistance as
requested by the Secretary of the Senate to carry out this
section.
(c) Funding
Any funds that were appropriated under the heading
``Secretary of the Senate'' for expenses of the Office of
the Secretary of the Senate by the Legislative Branch
Appropriations Act, 1995, to remain available until
September 30, 1998, and that the Secretary determines are
not needed for development of a financial management system
for the Senate may, with the approval of the Committee on
Appropriations of the Senate, be used to carry out the
provisions of this section, and such funds shall be
available through September 30, 2000.
(d) Regulations
The Committee on Rules and Administration of the Senate
may prescribe such regulations as may be necessary to carry
out the provisions of this section.
(e) Effective date
This section shall be effective for fiscal years
beginning on or after October 1, 1996. (Pub.L. 104-197,
Title I, Sec. 8, Sept. 16, 1996, 110 Stat. 2398.)
CODIFICATION
Section was formerly classified to section 123e of this
title prior to editorial reclassification and renumbering as
this section.
1051 Sec. 6578. 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.)
CODIFICATION
Section was formerly classified to section 69b of this
title prior to editorial reclassification and renumbering as
this section.
1052 Sec. 6591. 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.
CODIFICATION
Section was formerly classified to section 61e of this
title prior to editorial reclassification and renumbering as
this section.
1053 Sec. 6592. 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.)
CODIFICATION
Section was formerly classified to section 62 of this
title prior to editorial reclassification and renumbering as
this section.
1054 Sec. 6593. 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.)
CODIFICATION
Section was formerly classified to section 61e-3 of this
title prior to editorial reclassification and renumbering as
this section.
1055 Sec. 6594. 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.)
CODIFICATION
Section was formerly classified to section 61e-1 of this
title prior to editorial reclassification and renumbering as
this section.
1056 Sec. 6595. 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.)
CODIFICATION
Section was formerly classified to section 61e-2 of this
title prior to editorial reclassification and renumbering as
this section.
1057 Sec. 6596. 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.)
CODIFICATION
Section was formerly classified to section 61f-9 of this
title prior to editorial reclassification and renumbering as
this section.
1058 Sec. 6597. 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.)
CODIFICATION
Section was formerly classified to section 61f-7 of this
title prior to editorial reclassification and renumbering as
this section.
1059 Sec. 6598. Designation by Sergeant at Arms and Doorkeeper of
Senate of persons to approve vouchers for payment of
moneys.
The Sergeant at Arms and Doorkeeper of the Senate
(hereinafter in this section referred to as the ``Sergeant
at Arms'') may designate one or more employees in the Office
of the Sergeant at Arms and Doorkeeper of the Senate to
approve, on his behalf, all vouchers, for payment of moneys,
which the Sergeant at Arms is authorized to approve.
Whenever the Sergeant at Arms makes a designation under the
authority of the preceding sentence, he shall immediately
notify the Committee on Rules and Administration in writing
of the designation, and thereafter any approval of any
voucher, for payment of moneys, by an employee so designated
shall (until such designation is revoked and the Sergeant at
Arms notifies the Committee on Rules and Administration in
writing of the revocation) be deemed and held to be approved
by the Sergeant at Arms for all intents and purposes.
(Pub.L. 98-181, Title I, Sec. 1201, Nov. 30, 1983, 97 Stat.
1289.)
CODIFICATION
Section was formerly classified to section 61e-4 of this
title prior to editorial reclassification and renumbering as
this section.
1060 Sec. 6599. 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.)
CODIFICATION
Section was formerly classified to section 61f-8 of this
title prior to editorial reclassification and renumbering as
this section.
1061 Sec. 6611. 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.)
CODIFICATION
Section was formerly classified to section 68-6a of this
title prior to editorial reclassification and renumbering as
this section.
1062 Sec. 6612. 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.)
CODIFICATION
Section was formerly classified to section 61f-1a of
this title prior to editorial reclassification and
renumbering as this section.
1063 Sec. 6613. 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.)
CODIFICATION
Section was formerly classified to section 65b of this
title prior to editorial reclassification and renumbering as
this section.
1064 Sec. 6614. 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.)
CODIFICATION
Section was formerly classified to section 65d of this
title prior to editorial reclassification and renumbering as
this section.
1065 Sec. 6615. 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 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.)
CODIFICATION
Section was formerly classified to section 68-4 of this
title prior to editorial reclassification and renumbering as
this section.
1066 Sec. 6616. 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.)
CODIFICATION
Section was formerly classified to section 130g of this
title prior to editorial reclassification and renumbering as
this section.
1067 Sec. 6617. 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.)
CODIFICATION
Section was formerly classified to section 61f-14 of
this title prior to editorial reclassification and
renumbering as this section.
1068 Sec. 6618. 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.)
CODIFICATION
Section was formerly classified to section 123c of this
title prior to editorial reclassification and renumbering as
this section.
1069 Sec. 6619. 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.)
CODIFICATION
Section was formerly classified to section 123c-1 of
this title prior to editorial reclassification and
renumbering as this section.
1070 Sec. 6620. 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.)
CODIFICATION
Section was formerly classified to section 61f-11 of
this title prior to editorial reclassification and
renumbering as this section.
1071 Sec. 6621. 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.)
CODIFICATION
Section was formerly classified to section 58a-1 of this
title prior to editorial reclassification and renumbering as
this section.
1072 Sec. 6622. 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 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.)
CODIFICATION
Section was formerly classified to section 58a-2 of this
title prior to editorial reclassification and renumbering as
this section.
1073 Sec. 6623. 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.)
CODIFICATION
Section was formerly classified to section 58a-3 of this
title prior to editorial reclassification and renumbering as
this section.
1074 Sec. 6624. 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.)
CODIFICATION
Section was formerly classified to section 58a-4 of this
title prior to editorial reclassification and renumbering as
this section.
1075 Sec. 6625. 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.)
CODIFICATION
Section was formerly classified to section 111a of this
title prior to editorial reclassification and renumbering as
this section.
1076 Sec. 6626. 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.)
CODIFICATION
Section was formerly classified to section 117d of this
title prior to editorial reclassification and renumbering as
this section.
1077 Sec. 6628. 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.)
CODIFICATION
Section was formerly classified to section 61f-12 of
this title prior to editorial reclassification and
renumbering as this section.
1078 Sec. 6629. 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.)
CODIFICATION
Section was formerly classified to section 68-5 of this
title prior to editorial reclassification and renumbering as
this section.
1079 Sec. 6630. 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.)
CODIFICATION
Section was formerly classified to section 117b of this
title prior to editorial reclassification and renumbering as
this section.
1080 Sec. 6631. 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.)
CODIFICATION
Section was formerly classified to section 117b-2 of
this title prior to editorial reclassification and
renumbering as this section.
1081 Sec. 6632. 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.)
CODIFICATION
Section was formerly classified to section 117c of this
title prior to editorial reclassification and renumbering as
this section.
1082 Sec. 6633. 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.)
CODIFICATION
Section was formerly classified to section 61f-13 of
this title prior to editorial reclassification and
renumbering as this section.
1083 Sec. 6634. Senate Hair Care Services; personnel; revolving
fund.
(a) The Sergeant at Arms and Doorkeeper of the Senate is
authorized to appoint and fix the compensation of such
employees as may be necessary to operate Senate Hair Care
Services.
(b) There is established in the Treasury of the United
States within the contingent fund of the Senate a revolving
fund to be known as the Senate Hair Care Services Revolving
Fund (hereafter in this section referred to as the
``revolving fund'').
(c)(1) All moneys received by Senate Hair Care Services
from fees for services or from any other source shall be
deposited in the revolving fund.
(2) Moneys in the revolving fund shall be available
without fiscal year limitation for disbursement by the
Secretary of the Senate--
(A) for the payment of salaries of employees
of Senate Hair Care Services; and
(B) for necessary supplies, equipment, and
other expenses of Senate Hair Care Services.
(3) The provisions of section 5104(c), except for the
provisions relating to solicitation, shall not apply to any
activity carried out pursuant to this section, subject to
approval of such activities by the Committee on Rules and
Administration.
(3) Agency contributions for employees of Senate Hair
Care Services shall be paid from the appropriations account
for ``Salaries, Officers and Employees''.\1\
\1\Pub.L. 106-554, Sec. 1(a)(2) [Title I Sec. 3(a)],
Dec. 21, 2000, 114 Stat. 2763, 2763A-96 amended
subsection (c) and added a second paragraph (3) pursuant
to a drafting error.
(d) Disbursements from the revolving fund shall be made
upon vouchers signed by the Sergeant at Arms and Doorkeeper
of the Senate, except that vouchers shall not be required
for the disbursement of salaries paid at an annual rate.
(e) At the direction of the Committee on Rules and
Administration, the Secretary of the Senate shall withdraw
from the revolving fund and deposit in the Treasury of the
United States as miscellaneous receipts all moneys in the
revolving fund that the Committee may determine are in
excess of the current and reasonably foreseeable needs of
Senate Hair Care Services.
(f) The Sergeant at Arms and Doorkeeper of the Senate
are authorized to prescribe such regulations as may be
necessary to carry out the provisions of this section,
subject to the approval of the Committee on Rules and
Administration.
(g) There is transferred to the revolving fund
established by this section any unobligated balance in the
fund established by section 121a of this title on the
effective date of this section.
(h) Omitted.
(i) This section shall be effective on and after October
1, 1998, or 30 days after October 21, 1998, whichever is
later.
(Pub.L. 105-275, Title I, Sec. 6, Oct. 21, 1998, 112 Stat.
2434; Pub.L. 106-57, Title I, Sec. 4, Sept. 29, 1999, 113
Stat. 412; Pub.L. 106-554, Sec. 1(a)(2) [Title I,
Sec. 3(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A-96.)
CODIFICATION
Section was formerly classified to section 121b-1 of
this title prior to editorial reclassification and
renumbering as this section.
1084 Sec. 6635. 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.
(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.)
CODIFICATION
Section was formerly classified to section 121c of this
title prior to editorial reclassification and renumbering as
this section.
1085 Sec. 6636. Senate Computer Center.
(a) Senate Computer Center Revolving Fund
(1) There is hereby established in the Treasury of the
United States a revolving fund within the contingent fund of
the Senate to be known as the Senate Computer Center
Revolving Fund (hereafter in this section referred to as the
``revolving fund'').
(2) The revolving fund shall be available only for
paying the salaries of personnel employed under subsection
(c) of this section, and agency contributions attributable
thereto, and for paying refunds under contracts entered into
under subsection (b) of this section.
(3) Within 90 days after the end of each fiscal year,
the Secretary of the Senate shall withdraw all amounts in
the revolving fund in excess of $100,000, other than amounts
required to make refunds under subsection (b)(2)(B) of this
section, and shall deposit the amounts withdrawn in the
Treasury of the United States as miscellaneous receipts.
(b) Contracts for use of Senate computer; approval; terms
(1) Subject to the provisions of paragraph (2), the
Sergeant at Arms and Doorkeeper of the Senate is authorized
to enter into contracts with any agency or instrumentality
of the legislative branch for the use of any available time
on the Senate computer.
(2) No contract may be entered into under paragraph (1)
unless it has been approved by the Committee on Rules and
Administration of the Senate, and no such contract may
extend beyond the end of the fiscal year in which it is
entered into. Each contract entered into under paragraph (1)
shall contain--
(A) a provision requiring full advance
payment for the amount of time contracted for,
and
(B) a provision requiring 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.)
CODIFICATION
Section was formerly classified to section 123d of this
title prior to editorial reclassification and renumbering as
this section.
1087 Sec. 6651. 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.)
CODIFICATION
Section was formerly classified to section 61d of this
title prior to editorial reclassification and renumbering as
this section.
1088 Sec. 6652. 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.)
CODIFICATION
Section was formerly classified to section 61d-1 of this
title prior to editorial reclassification and renumbering as
this section.
1089 Sec. 6653. 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.)
CODIFICATION
Section was formerly classified to section 61d-2 of this
title prior to editorial reclassification and renumbering as
this section.
1090 Sec. 6654. 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.)
CODIFICATION
Section was formerly classified to section 61d-4 of this
title prior to editorial reclassification and renumbering as
this section.
3 u.s.c.--the president
general and permanent laws relating to the senate
TITLE 3.--THE PRESIDENT
Chapter 1.--PRESIDENTIAL ELECTIONS AND VACANCIES
1100 Sec. 1. Time of appointing electors.
The electors of President and Vice President shall be
appointed, in each State, on the Tuesday next after the
first Monday in November, in every fourth year succeeding
every election of a President and Vice President. (June 25,
1948, ch. 644, Sec. 1, 62 Stat. 672.)
1101 Sec. 2. Failure to make choice on prescribed day.
Whenever any State has held an election for the purpose
of choosing electors, and has failed to make a choice on the
day prescribed by law, the electors may be appointed on a
subsequent day in such a manner as the legislature of such
State may direct. (June 25, 1948, ch. 644, Sec. 1, 62 Stat.
672.)
1102 Sec. 3. Number of electors.
The number of electors shall be equal to the number of
Senators and Representatives to which the several States are
by law entitled at the time when the President and Vice
President to be chosen come into office; except, that where
no apportionment of Representatives has been made after any
enumeration, at the time of choosing electors, the number of
electors shall be according to the then existing
apportionment of Senators and Representatives. (June 25,
1948, ch. 644, Sec. 1, 62 Stat. 672.)
1103 Sec. 4. Vacancies in electoral college.
Each State may, by law, provide for the filling of any
vacancies which may occur in its college of electors when
such college meets to give its electoral vote. (June 25,
1948, ch. 644, Sec. 1, 62 Stat. 673.)
1104 Sec. 5. Determination of controversy as to appointment of
electors.
If any State shall have provided, by laws enacted prior
to the day fixed for the appointment of the electors, for
its final determination of any controversy or contest
concerning the appointment of all or any of the electors of
such State, by judicial or other methods or procedures, and
such determination shall have been made at least six days
before the time fixed for the meeting of the electors, such
determination made pursuant to such law so existing on said
day, and made at least six days prior to said time of
meeting of the electors, shall be conclusive, and shall
govern in the counting of the electoral votes as provided in
the Constitution, and as hereinafter regulated, so far as
the ascertainment of the electors appointed by such State is
concerned. (June 25, 1948, ch. 644, Sec. 1, 62 Stat. 673.)
1105 Sec. 6. Credentials of electors; transmission to Archivist
of the United States and to Congress; public inspection.
It shall be the duty of the executive of each State, as
soon as practicable after the conclusion of the appointment
of the electors in such State by the final ascertainment,
under and in pursuance of the laws of such State providing
for such ascertainment, to communicate by registered mail
under the seal of the State to the Archivist of the United
States, a certificate of such ascertainment of the electors
appointed, setting forth the names of such electors and the
canvass or other ascertainment under the laws of such State
of the number of votes given or cast for each person for
whose appointment any and all votes have been given or cast;
and it shall also thereupon be the duty of the executive of
each State to deliver to the electors of such State, on or
before the day on which they are required by section 7 of
this title to meet, six duplicate-originals of the same
certificate under the seal of the State; and if there shall
have been any final determination in a State in the manner
provided for by law of a controversy or contest concerning
the appointment of all or any of the electors of such State,
it shall be the duty of the executive of such State, as soon
as practicable after such determination, to communicate
under the seal of the State to the Archivist of the United
States, a certificate of such determination in form and
manner as the same shall have been made; and the certificate
or certificates so received by the Archivist of the United
States, shall be preserved by him for one year and shall be
a part of the public records of his office and shall be open
to public inspection; and the Archivist of the United
States, at the first meeting of Congress thereafter shall
transmit to the two Houses of Congress copies in full of
each and every such certificate so received at the National
Archives and Records Administration. (June 25, 1948, ch.
644, 62 Stat. 673; Oct. 31, 1951, ch. 655, Sec. 6, 65 Stat.
711; Oct. 19, 1984, Pub.L. 98-497, Title I, Sec. 107(e)(1),
(2)(A), 98 Stat. 2291.)
1106 Sec. 7. Meeting and vote of electors.
The electors of President and Vice President of each
State shall meet and give their votes on the first Monday
after the second Wednesday in December next following their
appointment at such place in each State as the legislature
of such State shall direct. (June 25, 1948, ch. 644, Sec. 1,
62 Stat. 673.)
1107 Sec. 8. Manner of voting.
The electors shall vote for President and Vice
President, respectively, in the manner directed by the
Constitution. (June 25, 1948, ch. 644, Sec. 1, 62 Stat.
674.)
1108 Sec. 9. Certificates of votes for President and Vice
President.
The electors shall make and sign six certificates of all
the votes given by them, each of which certificates shall
contain two distinct lists, one of the votes for President
and the other of the votes for Vice President, and shall
annex to each of the certificates one of the lists of the
electors which shall have been furnished to them by
direction of the executive of the State. (June 25, 1948, ch.
644, Sec. 1, 62 Stat. 674.)
1109 Sec. 10. Sealing and endorsing certificates.
The electors shall seal up the certificates so made by
them, and certify upon each that the lists of all the votes
of such States given for President, and of all the votes
given for Vice President, are contained therein. (June 25,
1948, ch. 644, Sec. 1, 62 Stat. 674.)
1110 Sec. 11. Disposition of certificates.
The electors shall dispose of the certificates so made
by them and the lists attached thereto in the following
manner:
First. They shall forthwith forward by registered mail
one of the same to the President of the Senate at the seat
of government.
Second. Two of the same shall be delivered to the
secretary of state of the State, one of which shall be held
subject to the order of the President of the Senate, the
other to be preserved by him for one year and shall be a
part of the public records of his office and shall be open
to public inspection.
Third. On the day thereafter they shall forward by
registered mail two of such certificates and lists to the
Archivist of the United States at the seat of government,
one of which shall be held subject to the order of the
President of the Senate. The other shall be preserved by the
Archivist of the United States for one year and shall be a
part of the public records of his office and shall be open
to public inspection.
Fourth. They shall forthwith cause the other of the
certificates and lists to be delivered to the judge of the
district in which the electors shall have assembled. (Oct.
31, 1951, ch. 655, Sec. 7, 65 Stat. 712; Oct. 19, 1984,
Pub.L. 98-497, Title I, Sec. 107(e)(1), 98 Stat. 2291.)
1111 Sec. 12. Failure of certificates of electors to reach
President of Senate or Archivist of the United States;
demand on State for certificate.
When no certificate of vote and list mentioned in
sections 9 and 11 of this title from any State shall have
been received by the President of the Senate or by the
Archivist of the United States by the fourth Wednesday in
December, after the meeting of the electors shall have been
held, the President of the Senate or, if he be absent from
the seat of government, the Archivist of the United States
shall request, by the most expeditious method available, the
secretary of state of the State to send up the certificate
and list lodged with him by the electors of such State; and
it shall be his duty upon receipt of such request
immediately to transmit same by registered mail to the
President of the Senate at the seat of government. (Oct. 31,
1951, ch. 655, Sec. 8, 65 Stat. 712; Oct. 19, 1984, Pub.L.
98-497, Title I, Sec. 107(e)(1), (2)(B), 98 Stat. 2291.)
1112 Sec. 13. Same; demand on district judge for certificate.
When no certificates of votes from any State shall have
been received at the seat of government on the fourth
Wednesday in December, after the meeting of the electors
shall have been held, the President of the Senate or, if he
be absent from the seat of government, the Archivist of the
United States shall send a special messenger to the district
judge in whose custody one certificate of votes from the
State has been lodged, and such judge shall forthwith
transmit that list by the hand of such messenger to the seat
of government. (Oct. 31, 1951, ch. 655, Sec. 9, 65 Stat.
712; Oct. 19, 1984, Pub.L. 98-497, Title I, Sec. 107(e)(1),
98 Stat. 2291.)
1113 Sec. 14. Forfeiture for messenger's neglect of duty.
Every person who, having been appointed, pursuant to
section 13 of this title, to deliver the certificates of the
votes of the electors to the President of the Senate, and
having accepted such appointment, shall neglect to perform
the services required from him, shall forfeit the sum of
$1,000. (June 25, 1948, ch. 644, Sec. 1, 62 Stat. 675.)
1114 Sec. 15. Counting electoral votes in Congress.
Congress shall be in session on the sixth day of January
succeeding every meeting of the electors. The Senate and
House of Representatives shall meet in the Hall of the House
of Representatives at the hour of 1 o'clock in the afternoon
on that day, and the President of the Senate shall be their
presiding officer. Two tellers shall be previously appointed
on the part of the Senate and two on the part of the House
of Representatives, to whom shall be handed, as they are
opened by the President of the Senate, all the certificates
and papers purporting to be certificates of the electoral
votes, which certificates and papers shall be opened,
presented, and acted upon in the alphabetical order of the
States, beginning with the letter A; and said tellers,
having then read the same in the presence and hearing of the
two Houses, shall make a list of the votes as they shall
appear from the said certificates; and the votes having been
ascertained and counted according to the rules in this
subchapter provided, the result of the same shall be
delivered to the President of the Senate, who shall
thereupon announce the state of the vote, which announcement
shall be deemed a sufficient declaration of the persons, if
any, elected President and Vice President of the United
States, and, together with a list of the votes, be entered
on the Journals of the two Houses. Upon such reading of any
such certificate or paper, the President of the Senate shall
call for objections, if any. Every objection shall be made
in writing, and shall state clearly and concisely, and
without argument, the ground thereof, and shall be signed by
at least one Senator and one Member of the House of
Representatives before the same shall be received. When all
objections so made to any vote or paper from a State shall
have been received and read, the Senate shall thereupon
withdraw, and such objections shall be submitted to the
Senate for its decision; and the Speaker of the House of
Representatives shall, in like manner, submit such
objections to the House of Representatives for its decision;
and no electoral vote or votes from any State which shall
have been regularly given by electors whose appointment has
been lawfully certified to according to section 6 of this
title from which but one return has been received shall be
rejected, but the two Houses concurrently may reject the
vote or votes when they agree that such vote or votes have
not been so regularly given by electors whose appointment
has been so certified. If more than one return or paper
purporting to be a return from a State shall have been
received by the President of the Senate, those votes, and
those only, shall be counted which shall have been regularly
given by the electors who are shown by the determination
mentioned in section 5 of this title to have been appointed,
if the determination in said section provided for shall have
been made, or by such successors or substitutes, in case of
a vacancy in the board of electors so ascertained, as have
been appointed to fill such vacancy in the mode provided by
the laws of the State; but in case there shall arise the
question which of two or more of such State authorities
determining what electors have been appointed, as mentioned
in section 5 of this title, is the lawful tribunal of such
State, the votes regularly given of those electors, and
those only, of such State shall be counted whose title as
electors the two Houses, acting separately, shall
concurrently decide is supported by the decision of such
State so authorized by its law; and in such case of more
than one return or paper purporting to be a return from a
State, if there shall have been no such determination of the
question in the State aforesaid, then those votes, and those
only, shall be counted which the two Houses shall
concurrently decide were cast by lawful electors appointed
in accordance with the laws of the State, unless the two
Houses, acting separately, shall concurrently decide such
votes not to be the lawful votes of the legally appointed
electors of such State. But if the two Houses shall disagree
in respect of the counting of such votes, then, and in that
case, the votes of the electors whose appointment shall have
been certified by the executive of the State, under the seal
thereof, shall be counted. When the two Houses have voted,
they shall immediately again meet, and the presiding officer
shall then announce the decision of the questions submitted.
No votes or papers from any other State shall be acted upon
until the objections previously made to the votes or papers
from any State shall have been finally disposed of. (June
25, 1948, ch. 644, Sec. 1, 62 Stat. 675.)
1115 Sec. 16. Same; seats for officers and Members of two Houses
in joint meeting.
At such joint meeting of the two Houses seats shall be
provided as follows: For the President of the Senate, the
Speaker's chair; for the Speaker, immediately upon his left;
the Senators, in the body of the Hall upon the right of the
presiding officer; for the Representatives, in the body of
the Hall not provided for the Senators; for the tellers,
Secretary of the Senate, and Clerk of the House of
Representatives, at the Clerk's desk; for the other officers
of the two Houses, in front of the Clerk's desk and upon
each side of the Speaker's platform. Such joint meeting
shall not be dissolved until the count of electoral votes
shall be completed and the result declared; and no recess
shall be taken unless a question shall have arisen in regard
to counting any such votes, or otherwise under this
subchapter, in which case it shall be competent for either
House, acting separately, in the manner hereinbefore
provided, to direct a recess of such House not beyond the
next calendar day, Sunday excepted, at the hour of 10
o'clock in the forenoon. But if the counting of the
electoral votes and the declaration of the result shall not
have been completed before the fifth calendar day next after
such first meeting of the two Houses, no further or other
recess shall be taken by either House. (June 25, 1948, ch.
644, Sec. 1, 62 Stat. 676.)
1116 Sec. 17. Same; limit of debate in each House.
When the two Houses separate to decide upon an objection
that may have been made to the counting of any electoral
vote or votes from any State, or other question arising in
the matter, each Senator and Representative may speak to
such objection or question five minutes, and not more than
once; but after such debate shall have lasted two hours it
shall be the duty of the presiding officer of each House to
put the main question without further debate. (June 25,
1948, ch. 644, Sec. 1, 62 Stat. 676.)
1117 Sec. 18. Same; parliamentary procedure at joint meeting.
While the two Houses shall be in meeting as provided in
this chapter, the President of the Senate shall have power
to preserve order; and no debate shall be allowed and no
question shall be put by the presiding officer except to
either House on a motion to withdraw. (Sept. 3, 1954, ch.
1263, Sec. 3, 68 Stat. 1227.)
1118 Sec. 19. Vacancy in offices of both President and Vice
President; officers eligible to act.
(a)(1) If, by reason of death, resignation, removal from
office, inability, or failure to qualify, there is neither a
President nor Vice President to discharge the powers and
duties of the office of President, then the Speaker of the
House of Representatives shall, upon his resignation as
Speaker and as Representative in Congress, act as President.
(2) The same rule shall apply in the case of the death,
resignation, removal from office, or inability of an
individual acting as President under this subsection.
(b) If, at the time when under subsection (a) of this
section a Speaker is to begin the discharge of the powers
and duties of the office of President, there is no Speaker,
or the Speaker fails to qualify as Acting President, then
the President pro tempore of the Senate shall, upon his
resignation as President pro tempore and as Senator, act as
President.
(c) An individual acting as President under subsection
(a) or subsection (b) of this section shall continue to act
until the expiration of the then current Presidential term,
except that--
(1) if his discharge of the powers and
duties of the office is founded in whole or in
part on the failure of both the President-elect
and the Vice-President-elect to qualify, then he
shall act only until a President or Vice
President qualifies; and
(2) if his discharge of the powers and
duties of the office is founded in whole or in
part on the inability of the President or Vice
President, then he shall act only until the
removal of the disability of one of such
individuals.
(d)(1) If, by reason of death, resignation, removal from
office, inability, or failure to qualify, there is no
President pro tempore to act as President under subsection
(b) of this section, then the officer of the United States
who is highest on the following list, and who is not under
disability to discharge the powers and duties of the office
of President shall act as President: Secretary of State,
Secretary of the Treasury, Secretary of Defense, Attorney
General, Secretary of the Interior, Secretary of
Agriculture, Secretary of Commerce, Secretary of Labor,
Secretary of Health and Human Services, Secretary of Housing
and Urban Development, Secretary of Transportation,
Secretary of Energy, Secretary of Education, Secretary of
Veterans Affairs, Secretary of Homeland Security.
(2) An individual acting as President under this
subsection shall continue to do so until the expiration of
the then current Presidential term, but not after a
qualified and prior-entitled individual is able to act,
except that the removal of the disability of an individual
higher on the list contained in paragraph (1) of this
subsection or the ability to qualify on the part of an
individual higher on such list shall not terminate his
service.
(3) The taking of the oath of office by an individual
specified in the list in paragraph (1) of this subsection
shall be held to constitute his resignation from the office
by virtue of the holding of which he qualifies to act as
President.
(e) Subsections (a), (b), and (d) of this section shall
apply only to such officers as are eligible to the office of
President under the Constitution. Subsection (d) of this
section shall apply only to officers appointed, by and with
the advice and consent of the Senate, prior to the time of
the death, resignation, removal from office, inability, or
failure to qualify, of the President pro tempore, and only
to officers not under impeachment by the House of
Representatives at the time the powers and duties of the
office of President devolve upon them.
(f) During the period that any individual acts as
President under this section, his compensation shall be at
the rate then provided by law in the case of the President.
(June 25, 1948, ch. 644, Sec. 1, 62 Stat. 677; Sept. 9,
1965, Pub.L. 89-174, Sec. 6(a), 79 Stat. 669; Oct. 15, 1966,
Pub.L. 89-670, Sec. 10(a), 80 Stat. 948; Aug. 12, 1970,
Pub.L. 91-375, Sec. 6(b), 84 Stat. 775; Aug. 4, 1977, Pub.L.
95-91, Title VII, Sec. 709(g), 91 Stat. 609; Oct. 17, 1979,
Pub.L. 96-88, Title V, Sec. 508(a), 93 Stat. 692; Oct. 25,
1988, Pub.L. 100-527, Sec. 13(a), 102 Stat. 2643; Oct. 11,
1996, Pub.L. 104-287, Sec. 7(5), 110 Stat. 3400; Mar. 9,
2006, Pub.L. 109-177, Title V, Sec. 503, 120 Stat. 247.)
1119 Sec. 20. Resignation or refusal of office.
The only evidence of a refusal to accept, or of a
resignation of the office of President or Vice President,
shall be an instrument in writing, declaring the same, and
subscribed by the person refusing to accept or resigning, as
the case may be, and delivered into the office of the
Secretary of State. (June 25, 1948, ch. 644, Sec. 1, 62
Stat. 678.)
1120 Sec. 21. Definitions.
As used in this chapter the term--
(a) ``State'' includes the District of
Columbia.
(b) ``executives of each State'' includes
the Board of Commissioners of the District of
Columbia. (Oct. 4, 1961, Pub.L. 87-389,
Sec. 2(a), 75 Stat. 820.)
Chapter 2.--OFFICE AND COMPENSATION OF PRESIDENT
1121 Sec. 101. Commencement of term of office.
The term of four years for which a President and Vice
President shall be elected, shall, in all cases, commence on
the 20th day of January next succeeding the day on which the
votes of the electors have been given. (June 25, 1948, ch.
644, Sec. 1, 62 Stat. 678.)
1122 Sec. 104. Salary of the Vice President.
(a) The per annum rate of salary of the Vice President
of the United States shall be the rate determined for such
position under chapter 11 of title 2, as adjusted under this
section. Subject to subsection (b), effective at the
beginning of the first month in which an adjustment takes
effect under section 5303 of title 5 in the rates of pay
under the General Schedule, the salary of the Vice President
shall be adjusted by an amount, rounded to the nearest
multiple of $100 (or if midway between multiples of $100, to
the nearest higher multiple of $100), equal to the
percentage of such per annum rate which corresponds to the
most recent percentage change in the ECI (relative to the
date described in the next sentence), as determined under
section 704(a)(1) of the Ethics Reform Act of 1989. The
appropriate date under this sentence is the first day of the
fiscal year in which such adjustment in the rates of pay
under the General Schedule takes effect.
(b) In no event shall the percentage adjustment taking
effect under the second and third sentences of subsection
(a) in any calendar year (before rounding) exceed the
percentage adjustment taking effect in such calendar year
under section 5303 of title 5 in the rates of pay under the
General Schedule. (June 25, 1948, ch. 644, 62 Stat. 678;
Jan. 19, 1949, ch. 2, Sec. 1(b), 63 Stat. 4; Mar. 2, 1955,
ch. 9, Sec. 4(c), 69 Stat. 11; Pub.L. 88-426, Title III,
Sec. 304(a), Aug. 14, 1964, 78 Stat. 422; Pub.L. 91-67,
Sec. 1, Sept. 15, 1969, 83 Stat. 106; Pub.L. 94-82, Title
II, Sec. 203, Aug. 9, 1975, 89 Stat. 420; Pub.L. 97-257,
Title I, Sec. 105(b), Sept. 10, 1982, 96 Stat. 849; Pub.L.
101-194, Title VII, Sec. 704(a)(2)(A), Nov. 30, 1989, 103
Stat. 1769; Pub.L. 101-509, Title V, Sec. 529 (Title I,
Sec. 101(b)(4)(I)), Nov. 5, 1990, 104 Stat. 1427, 1440;
Pub.L. 103-356, Title I, Sec. 101(2), Oct. 13, 1994, 108
Stat. 3410.)
1123 Sec. 111. Expense allowance of Vice President.
There shall be paid to the Vice President in equal
monthly installments an expense allowance of $20,000 per
annum to assist in defraying expenses relating to or
resulting from the discharge of his official duties, for
which no accounting, other than for income tax purposes,
shall be made by him. (Jan. 19, 1949 ch. 2, Sec. 1(c), 63
Stat. 4; Oct. 20, 1951, ch. 521, Sec. 619(b), 65 Stat. 570;
Feb. 20, 2003, Pub.L. 108-7, Div. H, Title I, Sec. 1(a), 117
Stat. 348.)
4 u.s.c.--flag and seal
general and permanent laws relating to the senate
TITLE 4.--FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
Chapter 4.--THE STATES
1130 Sec. 113. Residence of Members of Congress for State income
tax laws.
(a) No State, or political subdivision thereof, in which
a Member of Congress maintains a place of abode for purposes
of attending sessions of Congress may, for purposes of any
income tax (as defined in section 110(c) of this title)
levied by such State or political subdivision thereof--
(1) treat such Member as a resident or
domiciliary of such State or political
subdivision thereof; or
(2) treat any compensation paid by the
United States to such Member as income for
services performed within, or from sources
within, such State or political subdivision
thereof,
unless such Member represents such State or a district in
such State.
(b) For purposes of subsection (a)--
(1) the term ``Member of Congress'' includes
the delegates from the District of Columbia,
Guam, and the Virgin Islands, and the Resident
Commissioner from Puerto Rico; and
(2) the term ``State'' includes the District
of Columbia. (July 19, 1977, Pub.L. 95-97,
Sec. 1(a), 91 Stat. 271.)
5 u.s.c.--government organization and employees
general and permanent laws relating to the senate
TITLE 5.--GOVERNMENT ORGANIZATION AND EMPLOYEES
Chapter 8.--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING
1140 Sec. 801. Congressional review.
(a)(1)(A) Before a rule can take effect, the Federal
agency promulgating such rule shall submit to each House of
the Congress and the Comptroller General a report
containing--
(i) a copy of the rule;
(ii) a concise general statement relating to
the rule, including whether it is a major rule;
and
(iii) the proposed effective date of the
rule.
(B) On the date of the submission of the report under
subparagraph (A), the Federal agency promulgating the rule
shall submit to the Comptroller General and make available
to each House of Congress--
(i) a complete copy of the cost-benefit
analysis of the rule, if any;
(ii) the agency's actions relevant to
sections 603, 604, 605, 607, and 609;
(iii) the agency's actions relevant to
sections 202, 203, 204, and 205 of the Unfunded
Mandates Reform Act of 1995; and
(iv) any other relevant information or
requirements under any other Act and any
relevant Executive orders.
(C) Upon receipt of a report submitted under
subparagraph (A), each House shall provide copies of the
report to the chairman and ranking member of each standing
committee with jurisdiction under the rules of the House of
Representatives or the Senate to report a bill to amend the
provision of law under which the rule is issued.
(2)(A) The Comptroller General shall provide a report on
each major rule to the committees of jurisdiction in each
House of the Congress by the end of 15 calendar days after
the submission or publication date as provided in section
802(b)(2). The report of the Comptroller General shall
include an assessment of the agency's compliance with
procedural steps required by paragraph (1)(B).
(B) Federal agencies shall cooperate with the
Comptroller General by providing information relevant to the
Comptroller General's report under subparagraph (A).
(3) A major rule relating to a report submitted under
paragraph (1) shall take effect on the latest of--
(A) the later of the date occurring 60 days
after the date on which--
(i) the Congress receives the report
submitted under paragraph (1); or
(ii) the rule is published in the
Federal Register, if so published;
(B) if the Congress passes a joint
resolution of disapproval described in section
802 relating to the rule, and the President
signs a veto of such resolution, the earlier
date--
(i) on which either House of Congress
votes and fails to override the veto of the
President; or
(ii) occurring 30 session days after the
date on which the Congress received the veto
and objections of the President; or
(C) the date of rule would have otherwise
taken effect, if not for this section (unless a
joint resolution of disapproval under section
802 is enacted).
(4) Except for a major rule, a rule shall take effect as
otherwise provided by law after submission to Congress under
paragraph (1).
(5) Notwithstanding paragraph (3), the effective date of
a rule shall not be delayed by operation of this chapter
beyond the date on which either House of Congress votes to
reject a joint resolution of disapproval under section 802.
(b)(1) A rule shall not take effect (or continue), if
the Congress enacts a joint resolution of disapproval,
described under section 802, of the rule.
(2) A rule that does not take effect (or does not
continue) under paragraph (1) may not be reissued in
substantially the same form, and a new rule that is
substantially the same as such a rule may not be issued,
unless the reissued or new rule is specifically authorized
by a law enacted after the date of the joint resolution
disapproving the original rule.
(c)(1) Notwithstanding any other provision of this
section (except subject to paragraph (3)), a rule that would
not take effect by reason of subsection (a)(3) may take
effect, if the President makes a determination under
paragraph (2) and submits written notice of such
determination to the Congress.
(2) Paragraph (1) applies to a determination made by the
President by Executive order that the rule should take
effect because such rule is--
(A) necessary because of an imminent threat
to health or safety or other emergency;
(B) necessary for the enforcement of
criminal laws;
(C) necessary for national security; or
(D) issued pursuant to any statute
implementing an international trade agreement.
(3) An exercise by the President of the authority under
this subsection shall have no effect on the procedures under
section 802 or the effect of a joint resolution of
disapproval under this section.
(d)(1) In addition to the opportunity for review
otherwise provided under this chapter, in the case of any
rule for which a report was submitted in accordance with
subsection (a)(1)(A) during the period beginning on the date
occurring--
(A) in the case of the Senate; 60 session
days, or
(B) in the case of the House of
Representatives; 60 legislative days,
before the date the Congress adjourns a session of Congress
through the date on which the same or succeeding Congress
first convenes its next session, section 802 shall apply to
such rule in the succeeding session of Congress.
(2)(A) In applying section 802 for purposes of such
additional review, a rule described under paragraph (1)
shall be treated as though--
(i) such rule were published in the Federal
Register (as a rule that shall take effect) on--
(I) in the case of the Senate, the 15th
session day, or
(II) in the case of the House of
Representatives, the 15th legislative day,
after the succeeding session of Congress
first convenes; and
(ii) a report on such rule were submitted to
Congress under subsection (a)(1) on such date.
(B) Nothing in this paragraph shall be construed to
affect the requirement under subsection (a)(1) that a report
shall be submitted to Congress before a rule can take
effect.
(3) A rule described under paragraph (1) shall take
effect as otherwise provided by law (including other
subsections of this section).
(e)(1) For purposes of this subsection, section 802
shall also apply to any major rule promulgated between March
1, 1996, and the date of the enactment of this chapter.
(2) In applying section 802 for purposes of
Congressional review, a rule described under paragraph (1)
shall be treated as though--
(A) such rule were published in the Federal
Register on the date of enactment of this
chapter; and
(B) a report on such rule were submitted to
Congress under subsection (a)(1) on such date.
(3) The effectiveness of a rule described under
paragraph (1) shall be as otherwise provided by law, unless
the rule is made of no force or effect under section 802.
(f) Any rule that takes effect and later is made of no
force or effect by enactment of a joint resolution under
section 802 shall be treated as though such rule had never
taken effect.
(g) If the Congress does not enact a joint resolution of
disapproval under section 802 respecting a rule, no court or
agency may infer any intent of the Congress from any action
or inaction of the Congress with regard to such rule,
related statute, or joint resolution of disapproval. (Added
Pub.L. 104-121, Title II, Sec. 251, Mar. 29, 1996, 110 Stat.
868.)
1141 Sec. 802. Congressional disapproval procedure.
(a) For purposes of this section, the term ``joint
resolution'' means only a joint resolution introduced in the
period beginning on the date on which the report referred to
in section 801(a)(1)(A) is received by Congress and ending
60 days thereafter (excluding days either House of Congress
is adjourned for more than 3 days during a session of
Congress), the matter after the resolving clause of which is
as follows: ``That Congress disapproves the rule submitted
by the _____ relating to _____, and such rule shall have no
force or effect.'' (The blank spaces being appropriately
filled in).
(b)(1) A joint resolution described in subsection (a)
shall be referred to the committees in each House of
Congress with jurisdiction.
(2) For purposes of this section, the term ``submission
or publication date'' means the later of the date on which--
(A) the Congress receives the report
submitted under section 801(a)(1); or
(B) the rule is published in the Federal
Register, if so published.
(c) In the Senate, if the committee to which is referred
a joint resolution described in subsection (a) has not
reported such joint resolution (or an identical joint
resolution) at the end of 20 calendar days after the
submission or publication date defined under subsection
(b)(2), such committee may be discharged from further
consideration of such joint resolution upon a petition
supported in writing by 30 Members of the Senate, and such
joint resolution shall be placed on the calendar.
(d)(1) In the Senate, when the committee to which a
joint resolution is referred has reported, or when a
committee is discharged (under subsection (c)) from further
consideration of a joint resolution described in subsection
(a), it is at any time thereafter in order (even though a
previous motion to the same effect has been disagreed to)
for a motion to proceed to the consideration of the joint
resolution, and all points of order against the joint
resolution (and against consideration of the joint
resolution) are waived. The motion is not subject to
amendment, or to a motion to postpone, or to a motion to
proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or
disagreed to shall not be in order. If a motion to proceed
to the consideration of the joint resolution is agreed to,
the joint resolution shall remain the unfinished business of
the Senate until disposed of.
(2) In the Senate, debate on the joint resolution, and
on all debatable motions and appeals in connection
therewith, shall be limited to not more than 10 hours, which
shall be divided equally between those favoring and those
opposing the joint resolution. A motion further to limit
debate is in order and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to recommit the
joint resolution is not in order.
(3) In the Senate, immediately following the conclusion
of the debate on a joint resolution described in subsection
(a), and a single quorum call at the conclusion of the
debate if requested in accordance with the rules of the
Senate, the vote on final passage of the joint resolution
shall occur.
(4) Appeals from the decisions of the Chair relating to
the application of the rules of the Senate to the procedure
relating to a joint resolution described in subsection (a)
shall be decided without debate.
(e) In the Senate the procedure specified in subsection
(c) or (d) shall not apply to the consideration of a joint
resolution respecting a rule--
(1) after the expiration of the 60 session
days beginning with the applicable submission or
publication date, or
(2) if the report under section 801(a)(1)(A)
was submitted during the period referred to in
section 801(d)(1), after the expiration of the
60 session days beginning on the 15th session
day after the succeeding session of Congress
first convenes.
(f) If, before the passage by one House of a joint
resolution of that House described in subsection (a), that
House receives from the other House a joint resolution
described in subsection (a), then the following procedures
shall apply:
(1) The joint resolution of the other House
shall not be referred to a committee.
(2) With respect to a joint resolution
described in subsection (a) of the House
receiving the joint resolution--
(A) the procedure in that House shall be
the same as if no joint resolution had been
received from the other House; but
(B) the vote on final passage shall be
on the joint resolution of the other House.
(g) This section is enacted by Congress--
(1) as an exercise of the rulemaking power
of the Senate and House of Representatives,
respectively, and as such it is deemed a part of
the rules of each House, respectively, but
applicable only with respect to the procedure to
be followed in that House in the case of a joint
resolution described in subsection (a), and it
supersedes other rules only to the extent that
it is inconsistent with such rules; and
(2) with full recognition of the
constitutional right of either House to change
the rules (so far as relating to the procedure
of that House) at any time, in the same manner,
and to the same extent as in the case of any
other rule of that House. (Added Pub.L. 104-121,
Title II, Sec. 251, Mar. 29, 1996, 110 Stat.
871.)
1142 Sec. 803. Special rule on statutory, regulatory, and
judicial deadlines.
(a) In the case of any deadline for, relating to, or
involving any rule which does not take effect (or the
effectiveness of which is terminated) because of enactment
of a joint resolution under section 802, that deadline is
extended until the date 1 year after the date of enactment
of the joint resolution. Nothing in this subsection shall be
construed to affect a deadline merely by reason of the
postponement of a rule's effective date under section
801(a).
(b) The term ``deadline'' means any date certain for
fulfilling any obligation or exercising any authority
established by or under any Federal statute or regulation,
or by or under any court order implementing any Federal
statute or regulation. (Added Pub.L. 104-121, Title II,
Sec. 251, Mar. 29, 1996, 110 Stat. 873.)
1143 Sec. 804. Definitions.
For purposes of this chapter--
(1) The term ``Federal agency'' means any
agency as that term is defined in section
551(1).
(2) The term ``major rule'' means any rule
that the Administrator of the Office of
Information and Regulatory Affairs of the Office
of Management and Budget finds has resulted in
or is likely to result in--
(A) an annual effect on the economy of
$100,000,000 or more;
(B) a major increase in costs or prices
for consumers, individual industries,
Federal, State, or local government
agencies, or geographic regions; or
(C) significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the ability
of United States-based enterprises to
compete with foreign-based enterprises in
domestic and export markets.
The term does not include any rule promulgated under
the Telecommunications Act of 1996 and the
amendments made by that Act.
(3) The term ``rule'' has the meaning given
such term in section 551, except that such term
does not include--
(A) any rule of particular
applicability, including a rule that
approves or prescribes for the future rates,
wages, prices, services, or allowances
therefor, corporate or financial structures,
reorganizations, mergers, or acquisitions
thereof, or accounting practices or
disclosures bearing on any of the foregoing;
thereof, or accounting practices or
disclosures bearing on any of the foregoing;
(B) any rule relating to agency
management or personnel; or
(C) any rule of agency organization,
procedure, or practice that does not
substantially affect the rights or
obligations of non-agency parties. (Added
Pub.L. 104-121, Title II, Sec. 251, Mar. 29,
1996, 110 Stat. 873.)
1144 Sec. 805. Judicial review.
No determination, finding, action, or omission under
this chapter shall be subject to judicial review. (Added
Pub.L. 104-121, Title II, Sec. 251, Mar. 29, 1996, 110 Stat.
873.)
1145 Sec. 806. Applicability; severability.
(a) This chapter shall apply notwithstanding any other
provisions of law.
(b) If any provision of this chapter or the application
of any provision of this chapter to any person or
circumstance, is held invalid, the application of such
provision to other persons or circumstances, and the
remainder of this chapter, shall not be affected thereby.
(Added Pub.L. 104-121, Title II, Sec. 251, Mar. 29, 1996,
110 Stat. 873.)
1146 Sec. 807. Exemption for monetary policy.
Nothing in this chapter shall apply to rules that
concern monetary policy proposed or implemented by the Board
of Governors of the Federal Reserve System or the Federal
Open Market Committee. (Added Pub.L. 104-121, Title II,
Sec. 251, Mar. 29, 1996, 110 Stat. 874.)
1147 Sec. 808. Effective date of certain rules.
Notwithstanding section 801--
(1) any rule that establishes, modifies,
opens, closes, or conducts a regulatory program
for a commercial, recreational, or subsistence
activity related to hunting, fishing, or
camping, or
(2) any rule which an agency for good cause
finds (and incorporates the finding and a brief
statement of reasons therefor in the rule
issued) that notice and public procedure thereon
are impracticable, unnecessary, or contrary to
the public interest,
shall take effect at such time as the Federal agency
promulgating the rule determines. (Added Pub.L. 104-121,
Title II, Sec. 251, Mar. 29, 1996, 110 Stat. 874.)
Chapter 21.--DEFINITIONS
1148 Sec. 2106. Member of Congress.
For the purpose of this title, ``Member of Congress''
means the Vice President, a member of the Senate or the
House of Representatives, a Delegate to the House of
Representatives, and the Resident Commissioner from Puerto
Rico. (Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 409; Pub.L.
91-405, Title II, Sec. 204(b), Sept. 22, 1970, 84 Stat.
852; Pub.L. 96-54, Sec. 2(a)(7), Aug. 14, 1979, 93 Stat.
381.)
1149 Sec. 2107. Congressional employee.
For the purpose of this title, ``Congressional
employee'' means--
(1) an employee of either House of Congress,
of a committee of either House, or of a joint
committee of the two Houses;
(2) an elected officer of either House who
is not a Member of Congress;
(3) the Legislative Counsel of either House
and an employee of his office;
(4) a member or employee of the Capitol
Police;
(5) an employee of a Member of Congress if
the pay of the employee is paid by the Secretary
of the Senate or the Chief Administrative
Officer of the House of Representatives;
[(6) Repealed. Pub.L. 90-83, Sec. 1(5)(A),
Sept. 11, 1967, 81 Stat. 196.]
(7) the Architect of the Capitol and an
employee of the Architect of the Capitol;
(8) an employee of the Botanic Garden; and
(9) an employee of the Office of
Congressional Accessibility Services. (Pub.L.
89-554, Sept. 6, 1966, 80 Stat. 409; Pub.L. 90-
83, Sec. 1(5), Sept. 11, 1967, 81 Stat. 196;
Pub.L. 91-510, Title IV, Sec. 442(a), Oct. 26,
1970, 84 Stat. 1191; Pub.L. 104-186, Title II,
Sec. 215(1), Aug. 20, 1996, 110 Stat. 1745;
Pub.L. 110-437, Title IV, Sec. 422(c), Oct. 20,
2008, 122 Stat. 4997; Pub.L. 111-145, Sec.
7(a), Mar. 4, 2010, 124 Stat. 55.)
Chapter 29.--COMMISSIONS, OATHS, RECORDS, AND REPORTS
Subchapter I.--Commissions, Oaths, and Records
1150 Sec. 2905. Oath; renewal.\1\
\1\For text of oath to be taken by employees of the
Senate and House of Representatives, see section 3331 of
title 5, United States Code (not included herein).
* * * * * * *
(b) An individual who, on appointment, as an employee of
a House of Congress, subscribed to the oath of office
required by section 3331 of this title is not required to
renew the oath so long as his service as an employee of that
House of Congress is continuous. (Sept. 6, 1966, Pub.L. 89-
554, 80 Stat. 412.)
Subchapter II.--Reports
1151 Sec. 2954. Information to committees of Congress on request.
An Executive agency, on request of the Committee on
Government Operations of the House of Representatives, or of
any seven members thereof, or on request of the Committee on
Governmental Affairs of the Senate, or any five members
thereof, shall submit any information requested of it
relating to any matter within the jurisdiction of the
committee. (Sept. 6, 1966, Pub.L. 89-554, 80 Stat. 413; Nov.
2, 1994, Pub.L. 103-437, Sec. 3(b), 108 Stat. 4581.)
Chapter 31.--AUTHORITY FOR EMPLOYMENT
1152 Sec. 3110. Employment of relatives; restrictions.
(a) For the purpose of this section--
(1) ``agency'' means--
(A) an Executive agency;
(B) an office, agency, or other
establishment in the legislative branch;
(C) an office, agency, or other
establishment in the judicial branch; and
(D) the government of the District of
Columbia;
(2) ``public official'' means an officer
(including the President and a Member of
Congress), a member of the uniformed service,
and employee and any other individual, in whom
is vested the authority by law, rule, or
regulation, or to whom the authority has been
delegated, to appoint, employ, promote, or
advance individuals, or to recommend individuals
for appointment, employment, promotion, or
advancement, in connection with employment in an
agency; and
(3) ``relative'' means, with respect to a
public official, an individual who is related to
the public official as father, mother, son,
daughter, brother, sister, uncle, aunt, first
cousin, nephew, niece, husband, wife, father-in-
law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law, stepfather,
stepmother, stepson, stepdaughter, stepbrother,
stepsister, half brother, or half sister.
(b) A public official may not appoint, employ, promote,
advance, or advocate for appointment, employment, promotion,
or advancement, in or to a civilian position in the agency
in which he is serving or over which he exercises
jurisdiction or control any individual who is a relative of
the public official. An individual may not be appointed,
employed, promoted, or advanced in or to a civilian position
in an agency if such appointment, employment, promotion, or
advancement has been advocated by a public official, serving
in or exercising jurisdiction or control over the agency,
who is a relative of the individual.
(c) An individual appointed, employed, promoted, or
advanced in violation of this section is not entitled to
pay, and money may not be paid from the Treasury as pay to
an individual so appointed, employed, promoted, or advanced.
(d) The Office of Personnel Management may prescribe
regulations authorizing the temporary employment, in the
event of emergencies resulting from natural disasters or
similar unforeseen events or circumstances, of individuals
whose employment would otherwise be prohibited by this
section.
(e) This section shall not be construed to prohibit the
appointment of an individual who is a preference eligible in
any case in which the passing over of that individual on a
certificate of eligibles furnished under section 3317(a) of
this title will result in the selection for appointment of
an individual who is not a preference eligible. (Dec. 16,
1967, Pub.L. 90-206, Sec. 221(a), 81 Stat. 640; Oct. 13,
1978, Pub.L. 95-454, Sec. 906(a)(2), 92 Stat. 1224.)
Chapter 33.--EXAMINATION, SELECTION, AND PLACEMENT
Subchapter II.--Oath of Office
1153 Sec. 3333. Employee affidavit; loyalty and striking against
the Government.
(a) Except as provided by subsection (b) of this
section, an individual who accepts office or employment in
the Government of the United States or in the government of
the District of Columbia shall execute an affidavit within
60 days after accepting the office or employment that his
acceptance and holding of the office or employment does not
or will not violate section 7311 of this title. The
affidavit is prima facie evidence that the acceptance and
holding of office or employment by the affiant does not or
will not violate section 7311 of this title.
(b) An affidavit is not required from an individual
employed by the Government of the United States or the
government of the District of Columbia for less than 60 days
for sudden emergency work involving the loss of human life
or the destruction of property. This subsection does not
relieve an individual from liability for violation of
section 7311 of this title. (Sept. 6, 1966, Pub.L. 89-554,
80 Stat. 424.)
Chapter 55.--PAY ADMINISTRATION
Subchapter I.--General Provisions
1154 Sec. 5503. Recess appointments.\1\
(a) Payment for services may not be made from the
Treasury of the United States to an individual appointed
during a recess of the Senate to fill a vacancy in an
existing office, if the vacancy existed while the Senate was
in session and was by law required to be filled by and with
the advice and consent of the Senate, until the appointee
has been confirmed by the Senate. This subsection does not
apply--
\1\For proceedings on nominations see rule XXXI of the
Standing Rules of the Senate (Senate Manual section 31).
(1) if the vacancy arose within 30 days
before the end of the session of the Senate;
(2) if, at the end of the session, a
nomination for the office, other than the
nomination of an individual appointed during the
preceding recess of the Senate, was pending
before the Senate for its advice and consent; or
(3) if a nomination for the office was
rejected by the Senate within 30 days before the
end of the session and an individual other than
the one whose nomination was rejected thereafter
receives a recess appointment.
(b) A nomination to fill a vacancy referred to by
paragraph (1), (2), or (3) of subsection (a) of this section
shall be submitted to the Senate not later than 40 days
after the beginning of the next session of the Senate.
(Sept. 6, 1966, Pub.L. 89-554, 80 Stat. 475.)
1155 Sec. 5520a. Garnishment of pay.
(a) For purposes of this section--
(1) ``agency'' means each agency of the
Federal Government, including--
(A) an executive agency, except for the
Government Accountability Office;
(B) the United States Postal Service and
the Postal Regulatory Commission;
(C) any agency of the judicial branch of
the Government; and
(D) any agency of the legislative branch
of the Government, including the Government
Accountability Office, each office of a
Member of Congress, a committee of the
Congress, or other office of the Congress;
(2) ``employee'' means an employee of an
agency (including a Member of Congress as
defined under section 2106);
(3) ``legal process'' means any writ, order,
summons, or other similar process in the nature
of garnishment, that--
(A) is issued by a court of competent
jurisdiction within any State, territory, or
possession of the United States, or an
authorized official pursuant to an order of
such a court or pursuant to State or local
law; and
(B) orders the employing agency of such
employee to withhold an amount from the pay
of such employee, and make a payment of such
withholding to another person, for a
specifically described satisfaction of a
legal debt of the employee, or recovery of
attorney's fees, interest, or court costs;
and
(4) ``pay'' means--
(A) basic pay, premium pay paid under
subchapter V, any payment received under
subchapter VI, VII, or VIII, severance and
back pay paid under subchapter IX, sick pay,
incentive pay, and any other compensation
paid or payable for personal services,
whether such compensation is denominated as
wages, salary, commission, bonus pay or
otherwise; and
(B) does not include awards for making
suggestions.
(b) Subject to the provisions of this section and the
provisions of section 303 of the Consumer Credit
Protection Act (15 U.S.C. 1673) pay from an agency to an
employee is subject to legal process in the same manner
and to the same extent as if the agency were a private
person.
(c)(1) Service of legal process to which an agency is
subject under this section may be accomplished by
certified or registered mail, return receipt requested,
or by personal service, upon--
(A) the appropriate agent designated for
receipt of such service of process pursuant
to the regulations issued under this
section; or
(B) the head of such agency, if no agent
has been so designated.
(2) Such legal process shall be accompanied
by sufficient information to permit prompt
identification of the employee and the payments
involved.
(d) Whenever any person, who is designated by law or
regulation to accept service of process to which an
agency is subject under this section, is effectively
served with any such process or with interrogatories,
such person shall respond thereto within thirty days (or
within such longer period as may be prescribed by
applicable State law) after the date effective service
thereof is made, and shall, as soon as possible but not
later than fifteen days after the date effective service
is made, send written notice that such process has been
so served (together with a copy thereof) to the affected
employee at his or her duty station or last-known home
address.
(e) No employee whose duties include responding to
interrogatories pursuant to requirements imposed by this
section shall be subject to any disciplinary action or
civil or criminal liability or penalty for, or on
account of, any disclosure of information made by such
employee in connection with the carrying out of any of
such employee's duties which pertain directly or
indirectly to the answering of any such interrogatory.
(f) Agencies affected by legal process under this section
shall not be required to vary their normal pay and
disbursement cycles in order to comply with any such
legal process.
(g) Neither the United States, an agency, nor any disbursing
officer shall be liable with respect to any payment made
from payments due or payable to an employee pursuant to
legal process regular on its face, provided such payment
is made in accordance with this section and the
regulations issued to carry out this section. In
determining the amount of any payment due from, or
payable by, an agency to an employee, there shall be
excluded those amounts which would be excluded under
section 462(g) of the Social Security Act (42 U.S.C.
662(g)).
(h)(1) Subject to the provisions of paragraph (2), if an
agency is served under this section with more than one
legal process with respect to the same payments due or
payable to an employee, then such payments shall be
available, subject to section 303 of the Consumer Credit
Protection Act (15 U.S.C. 1673), to satisfy such
processes in priority based on the time of service, with
any such process being satisfied out of such amounts as
remain after satisfaction of all such processes which
have been previously served.
(2) A legal process to which an agency is
subject under section 459 of the Social Security
Act (42 U.S.C. 659) for the enforcement of the
employee's legal obligation to provide child
support or make alimony payments, shall have
priority over any legal process to which an
agency is subject under this section.
(i) The provisions of this section shall not modify or
supersede the provisions of section 459 of the Social
Security Act (42 U.S.C. 659) concerning legal process
brought for the enforcement of an individual's legal
obligations to provide child support or make alimony
payments.
(j)(1) Regulations implementing the provisions of this
section shall be promulgated--
(A) by the President or his designee for
each executive agency, except with regard to
employees of the United States Postal
Service, the President or, at his
discretion, the Postmaster General shall
promulgate such regulations;
(B) jointly by the President pro tempore
of the Senate and the Speaker of the House
of Representatives, or their designee, for
the legislative branch of the Government;
and
(C) by the Chief Justice of the United
States or his designee for the judicial
branch of the Government.
(2) Such regulations shall provide that an
agency's administrative costs in executing a
garnishment action may be added to the
garnishment, and that the agency may retain
costs recovered as offsetting collections.
(k)(1) No later than 180 days after the date of the
enactment of this Act, the Secretaries of the Executive
departments concerned shall promulgate regulations to
carry out the purposes of this section with regard to
members of the uniformed services.
(2) Such regulations shall include
provisions for--
(A) the involuntary allotment of the pay
of a member of the uniformed services for
indebtedness owed a third party as
determined by the final judgment of a court
of competent jurisdiction, and as further
determined by competent military or
executive authority, as appropriate, to be
in compliance with the procedural
requirements of the Servicemembers Civil
Relief Act (50 App. U.S.C. 501 et seq.); and
(B) consideration for the absence of a
member of the uniformed service from an
appearance in a judicial proceeding
resulting from the exigencies of military
duty.
(3) The Secretaries of the Executive
departments concerned shall promulgate
regulations under this subsection that are, as
far as practicable, uniform for all of the
uniformed services. The Secretary of Defense
shall consult with the Secretary of Homeland
Security with regard to the promulgation of such
regulations that might affect members of the
Coast Guard when the Coast Guard is operating as
a service in the Navy. (Added Pub.L. 103-94,
Sec. 9(a), Oct. 6, 1993, 107 Stat. 1007, and
amended Pub.L. 104-106, Div. A, Title VI, Sec.
643, Feb. 10, 1996, 110 Stat. 368; Pub.L. 104-
193, Title III, Sec. 362(b)(2), Aug. 22, 1996,
110 Stat. 2246; Pub.L. 105-85, Div. A, Title XI,
Sec. 1105, Nov. 18, 1997, 111 Stat. 1923;
Pub.L. 108-189, Sec. 2(b)(1), Dec. 19, 2003,
117 Stat. 2865; Pub.L. 108-271, Sec. 8(b), July
7, 2004, 118 Stat. 814; Pub.L. 109-241, Title
IX, Sec. 902(a)(3), July 11, 2006, 120 Stat.
566; Pub.L. 109-435, Title VI, Sec. 604(f),
Dec. 20, 2006, 120 Stat. 3242.)
Subchapter IV.--Dual Pay and Dual Employment
1156 Sec. 5531. Definitions.
For the purpose of section 5533 of this title--
(1) ``member'' has the meaning given such
term by section 101(23) of title 37;
(2) ``position'' means a civilian office or
position (including a temporary, part-time, or
intermittent position), appointive or elective,
in the legislative, executive, or judicial
branch of the Government of the United States
(including a Government corporation and a
nonappropriated fund instrumentality under the
jurisdiction of the armed forces) or in the
government of the District of Columbia;
(3) ``retired or retainer pay'' means
retired pay, as defined in section 8311(3) of
this title, determined without regard to
subparagraphs (B) through (D) of such section
8311(3); except that such term does not include
an annuity payable to an eligible beneficiary of
a member or former member of a uniformed service
under chapter 73 of title 10;
(4) ``agency in the legislative branch''
means the Government Accountability Office, the
Government Printing Office, the Library of
Congress, the Office of Technology Assessment,
the Office of the Architect of the Capitol, the
United States Botanic Garden, and the
Congressional Budget Office;
(5) ``employee of the House of
Representatives'' means a congressional employee
whose pay is disbursed by the Chief
Administrative Officer of the House of
Representatives;
(6) ``employee of the Senate'' means a
congressional employee whose pay is disbursed by
the Secretary of the Senate; and
(7) ``congressional employee'' has the
meaning given that term by section 2107 of this
title, excluding an employee of an agency in the
legislative branch. (Dec. 5, 1991; Pub.L. 102-
290; 105 Stat. 1391; Pub.L. 104-186, Title II,
Sec. 215(6), Aug. 20, 1996, 110 Stat. 1745;
Pub.L. 106-398, Sec. 1, Oct. 30, 2000, 114 Stat.
1654, 1654A-293; Pub.L. 108-271, Sec. 8(b), July
7, 2004, 118 Stat. 814.)
1157 Sec. 5532 Repealed (Pub.L. 106-65, Title VI, Sec. 651(a)(1),
Oct. 5, 1999, 113 Stat. 664.).
* * * * * * *
1158 Sec. 5533. Dual pay from more than one position;
limitations; exceptions.
* * * * * * *
(c)(1) Unless otherwise authorized by law and except as
otherwise provided by paragraph (2) or (4) of this
subsection, appropriated funds are not available for payment
to an individual of pay from more than one position if the
pay of one of the positions is paid by the Secretary of the
Senate or the Chief Administrative Officer of the House of
Representatives, or one of the positions is under the Office
of the Architect of the Capitol, and if the aggregate gross
pay from the positions exceeds $7,724 a year ($10,540,\1\ in
the case of pay disbursed by the Secretary of the Senate).
\1\Effective January 1, 2007, for individuals whose pay
is disbursed by the Secretary of the Senate, the figure
is ``$33,003''. (Jan. 5, 2010, Order of the President
pro tempore, pursuant to Act Jan. 8, 1971, Pub.L. 91-
656, Sec. 4, 84 Stat. 1952.)
(2) Notwithstanding paragraph (1) of this subsection,
appropriated funds are not available for payment to an
individual of pay from more than one position, for each of
which the pay is disbursed by the Chief Administrative
Officer of the House of Representatives, if the aggregate
gross pay from those positions exceeds the maximum per annum
gross rate of pay authorized to be paid to an employee out
of the clerk hire allowance of a Member of the House.
(3) For the purposes of this subsection, ``gross pay''
means the annual rate of pay (or equivalent thereof in the
case of an individual paid on other than an annual basis)
received by an individual.
(4) Paragraph (1) of this subsection does not apply to
pay on a when-actually-employed basis received from more
than one consultant or expert position if the pay is not
received for the same day. (Sept. 6, 1966, Pub.L. 89-554, 80
Stat. 483; July 28, 1967, Pub.L. 90-57, Sec. 105(h), 81
Stat. 143; Dec. 16, 1967, Pub.L. 90-206, Sec. 214(o), 81
Stat. 637; June 12, 1968, Order of President pro tempore,
Cong. Rec. Vol. 114, p. S7074 (June 12, 1968, daily ed.),
pursuant to Act Dec. 16, 1967, Pub.L. 90-206, Sec. 214(o),
81 Stat. 637; Oct. 26, 1970, Pub.L. 91-510, Sec. 477, 84
Stat. 1195; Nov. 1, 1973, Pub.L. 93-145, Sec. 101, 87 Stat.
532; Oct. 1, 1976, Pub.L. 94-440, Sec. 103, 90 Stat. 1443;
Pub.L. 95-454, Title IX, Sec. 906(a)(2), Oct. 13, 1978, 92
Stat. 1224; Pub.L. 96-70, Title III, Sec. 3302(e)(8), Sept.
27, 1979, 93 Stat. 498; Pub.L. 104-186, Title II,
Sec. 215(7), Aug. 20, 1996, 110 Stat. 1745.)
Chapter 57.--TRAVEL, TRANSPORTATION, AND SUBSISTENCE
Subchapter I.--Travel and Subsistence Expenses; Mileage
Allowances
1159 Sec. 5702. Per diem; employees traveling on official
business.
(a)(1) Under regulations prescribed pursuant to section
5707 of this title, an employee when traveling on official
business away from the employee's designated post of duty,
or away from the employee's home or regular place of
business (if the employee is described in section 5703 of
this title), is entitled to any one of the following:
(A) a per diem allowance at a rate not to
exceed that established by the Administrator of
General Services for travel within the
continental United States, and by the President
or his designee for travel outside the
continental United States;
(B) reimbursement for the actual and
necessary expenses of official travel not to
exceed an amount established by the
Administrator for travel within the continental
United States or an amount established by the
President or his designee for travel outside the
continental United States; or
(C) a combination of payments described in
subparagraphs (A) and (B) of this paragraph.
(2) Any per diem allowance or maximum amount of
reimbursement shall be established to the extent feasible,
by locality.
(3) For travel consuming less than a full day, the
payment prescribed by regulation shall be allocated in such
manner as the Administrator may prescribe.
(b)(1) Under regulations prescribed under section 5707
of this title, an employee who is described in subsection
(a) of this section and who abandons the travel assignment
prior to its completion--
(A) because of an incapacitating illness or
injury which is not due to the employee's own
misconduct is entitled to reimbursement for
expenses of transportation to the employee's
designated post of duty, or home or regular
place of business, as the case may be, and to
payments pursuant to subsection (a) of this
section until that location is reached; or
(B) because of a personal emergency
situation (such as serious illness, injury, or
death of a member of the employee's family, or
an emergency situation such as fire, flood, or
act of God), may be allowed, with the approval
of an appropriate official of the agency
concerned, reimbursement for expenses of
transportation to the employee's designated post
of duty, or home or regular place of business,
as the case may be, and payments pursuant to
subsection (a) of this section until that
location is reached.
(2)(A) Under regulations prescribed pursuant to section
5707 of this title, an employee who is described in
subsection (a) of this section and who, with the approval of
an appropriate official of the agency concerned, interrupts
the travel assignment prior to its completion for a reason
specified in subparagraph (A) or (B) of paragraph (1) of
this subsection, may be allowed (subject to the limitation
provided in subparagraph (B) of this paragraph)--
(i) reimbursement for expenses of
transportation to the location where necessary
medical services are provided or the emergency
situation exists,
(ii) payments pursuant to subsection (a) of
this section until that location is reached, and
(iii) such reimbursement and payments for
return to such assignment.
(B) The reimbursement which an employee may be allowed
pursuant to subparagraph (A) of this paragraph shall be the
employee's actual costs of transportation to the location
where necessary medical services are provided or the
emergency exists, and return to assignment from such
location, less the costs of transportation which the
employee would have incurred had such travel begun and ended
at the employee's designated post of duty or home or regular
place of business, as the case may be. The payments which an
employee may be allowed pursuant to subparagraph (A) of this
paragraph shall be based on the additional time (if any)
which was required for the employee's transportation as a
consequence of the transportation's having begun and ended
at a location on the travel assignment (rather than at the
employee's designated post of duty, or home or regular place
of business, as the case may be).
(3) Subject to the limitations contained in regulations
prescribed pursuant to section 5707 of this title, an
employee who is described in subsection (a) of this section
and who interrupts the travel assignment prior to its
completion because of an incapacitating illness or injury
which is not due to the employee's own misconduct is
entitled to payments pursuant to subsection (a) of this
section at the location where the interruption occurred.
(c) This section does not apply to a justice or judge,
except to the extent provided by section 456 of title 28.
(Sept. 6, 1966, Pub.L. 89-554, 80 Stat. 498; Nov. 10, 1969,
Pub.L. 91-114, Sec. 1, 83 Stat. 190; May 19, 1975, Pub.L.
94-22, Sec. 3, 89 Stat. 84; Aug. 14, 1979, Pub.L. 96-54,
Sec. 2(a)(36), 93 Stat. 383; Sept. 10, 1980, Pub.L. 96-346,
Sec. 1, 94 Stat. 1148; Pub.L. 99-234, Sec. 102, Jan. 2,
1986, 99 Stat. 1756; Pub.L. 102-378, Sec. 2(47), Oct. 2,
1992, 106 Stat. 1353.)
1160 Sec. 5704. Mileage and related allowances.
(a)(1) Under regulations prescribed under section 5707
of this title, an employee who is engaged on official
business for the Government is entitled to a rate per mile
established by the Administrator of General Services,
instead of the actual expenses of transportation, for the
use of a privately owned automobile when that mode of
transportation is authorized or approved as more
advantageous to the Government. In any year in which the
Internal Revenue Service establishes a single standard
mileage rate for optional use by taxpayers in computing the
deductible costs of operating their automobiles for business
purposes, the rate per mile established by the Administrator
shall not exceed the single standard mileage rate
established by the Internal Revenue Service.
(2) Under regulations prescribed under section 5707 of
this title, an employee who is engaged on official business
for the Government is entitled to a rate per mile
established by the Administrator of General Services,
instead of the actual expenses of transportation, for the
use of privately owned airplane or a privately owned
motorcycle when that mode of transportation is authorized or
approved as more advantageous to the Government.
(b) A determination that travel by a privately owned
vehicle is more advantageous to the Government is not
required under subsection (a) of this section when payment
on a mileage basis is limited to the cost of travel by
common carrier including per diem.
(c) Notwithstanding the provisions of subsections (a)
and (b) of this section, in any case in which an employee
who is engaged on official business for the Government
chooses to use a privately owned vehicle in lieu of a
Government vehicle, payment on a mileage basis is limited to
the cost of travel by a Government vehicle.
(d) In addition to the rate per mile authorized under
subsection (a) of this section, the employee may be
reimbursed for--
(1) parking fees;
(2) ferry fees;
(3) bridge, road, and tunnel costs; and
(4) airplane landing and tie-down fees.
(Sept. 6, 1966, Pub.L. 89-554, 80 Stat. 499; May
19, 1975, Pub.L. 94-22, Sec. 5, 89 Stat. 85;
Sept. 10, 1980, Pub.L. 96-346, Sec. 2, 94 Stat.
1148; Sept. 30, 1994, Pub.L. 103-329, Title VI,
Sec. 634(a), 108 Stat. 2428.)
1161 Sec. 5706. Allowable travel expenses.
Except as otherwise permitted by this subchapter or by
statutes relating to members of the uniformed services, only
actual and necessary travel expenses may be allowed to an
individual holding employment or appointment under the
United States. (Sept. 6, 1966, Pub.L. 89-554, 80 Stat. 500.)
1162 Sec. 5708. Effect on other statutes.
This subchapter does not modify or repeal--
* * * * * * *
(2) any statute providing for mileage
allowances for Members of Congress;
(3) any statute fixing or permitting
rates higher than the maximum rates
established under this subchapter; or
(4) any appropriation statute item for
examination of estimates in the field.
(Sept. 6, 1966, Pub.L. 89-554, 80 Stat.
500.)
Subchapter III.--Transportation of Remains, Dependents, and
Effects
1163 Sec. 5742. Transportation of remains, dependents, and
effects; death occurring away from official station or
abroad.
(a) For the purpose of this section, ``agency'' means--
* * * * * * *
(3) an agency in the legislative branch; and
. . .
(b) When an employee dies, the head of the agency
concerned, under the regulations prescribed by the President
and, except as otherwise provided by law, may pay from
appropriations available for the activity in which the
employee was engaged--
(1) the expense of preparing and
transporting the remains to the home or official
station of the employee, or such other place
appropriate for interment as is determined by
the head of the agency concerned, if death
occurred while the employee was in a travel
status away from his official station in the
United States or while performing official
duties outside the continental United States or
in transit thereto or therefrom;
(2) the expense of transporting his
dependents, including expenses of packing,
crating, draying, and transporting household
effects and other personal property to his
former home or such other place as is determined
by the head of the agency concerned, if death
occurred while the employee was performing
official duties outside the continental United
States or in transit thereto or therefrom; and
(3) the travel expenses of not more than 2
persons to escort the remains of a deceased
employee, if death occurred while the employee
was in travel status away from his official
station in the United States or while performing
official duties outside the United States or in
transit thereto or therefrom, from the place of
death to the home or official station of such
person, or such other place appropriate for
interment as is determined by the head of the
agency concerned. (Sept. 6, 1966, Pub.L. 89-554,
80 Stat. 507; Pub.L. 101-510; Sec. 1206(d), Nov.
5, 1990, 104 Stat. 1661; Pub.L. 105-277, Oct.
21, 1998, 112 Stat. 2681-210.)
1164 Sec. 5751. Travel expenses of witnesses.
(a) Under such regulations as the Attorney General may
prescribe, an employee as defined by section 2105 of this
title (except an individual whose pay is disbursed by the
Secretary of the Senate or the Chief Administrative Officer
of the House of Representatives) summoned, or assigned by
his agency, to testify or produce official records on behalf
of the United States is entitled to travel expenses under
subchapter I of this chapter. If the case involves the
activity in connection with which he is employed, the travel
expenses are paid from the appropriation otherwise available
for travel expenses of the employee under proper
certification by a certifying official of the agency
concerned. If the case does not involve its activity, the
employing agency may advance or pay the travel expenses of
the employee, and later obtain reimbursement from the agency
properly chargeable with the travel expenses.
(b) An employee as defined by section 2105 of this title
(except an individual whose pay is disbursed by the
Secretary of the Senate or the Chief Administrative Officer
of the House of Representatives) summoned, or assigned by
his agency, to testify in his official capacity or produce
official records, on behalf of a party other than the United
States, is entitled to travel expenses under subchapter I of
this chapter, except to the extent that travel expenses are
paid to the employee for his appearance by the court,
authority, or party which caused him to be summoned. (Added
Pub.L. 91-563, Sec. 4(a), Dec. 19, 1970, 84 Stat. 1477, and
amended Pub.L. 104-186, Title II, Sec. 215(9), Aug. 20,
1996, 110 Stat. 1746.)
Chapter 73.--SUITABILITY, SECURITY, AND CONDUCT
Subchapter II.--Employment Limitations
1165 Sec. 7311. Loyalty and striking.
An individual may not accept or hold a position in the
Government of the United States or the government of the
District of Columbia if he--
(1) advocates the overthrow of our
constitutional form of government;
(2) is a member of an organization that he
knows advocates the overthrow of our
constitutional form of government;
(3) participates in a strike, or asserts the
right to strike, against the Government of the
United States or the government of the District
of Columbia; or
(4) is a member of an organization of
employees of the Government of the United States
or of individuals employed by the government of
the District of Columbia that he knows asserts
the right to strike against the Government of
the United States or the government of the
District of Columbia. (Sept. 6, 1966, Pub.L. 89-
554, 80 Stat. 524.)
Subchapter IV.--Foreign Gifts and Decorations
1166 Sec. 7342. Receipt and disposition of foreign gifts and
decorations.
(a) For the purpose of this section--
(1) ``employee'' means--
(A) an employee as defined by section
2105 of this title and an officer or
employee of the United States Postal Service
or of the Postal Regulatory Commission;
(B) an expert or consultant who is under
contract under section 3109 of this title
with the United States or any agency,
department, or establishment thereof,
including, in the case of an organization
performing services under such section, any
individual involved in the performance of
such services;
(C) an individual employed by, or
occupying an office or position in, the
government of a territory or possession of
the United States or the government of the
District of Columbia;
(D) a member of a uniformed service;
(E) the President and the Vice
President;
(F) a Member of Congress as defined by
section 2106 of this title (except the Vice
President) and any Delegate to the Congress;
and
(G) the spouse of an individual
described in subparagraphs (A) through (F)
(unless such individual and his or her
spouse are separated) or a dependent (within
the meaning of section 152 of the Internal
Revenue Code of 1986) of such an individual,
other than a spouse or dependent who is an
employee under subparagraphs (A) through
(F);
(2) ``foreign government'' means--
(A) any unit of foreign governmental
authority, including any foreign national,
State, local, and municipal government;
(B) any international or multinational
organization whose membership is composed of
any unit of foreign government described in
subparagraph (A); and
(C) any agent or representative of any
such unit or such organization, while acting
as such;
(3) ``gift'' means a tangible or intangible
present (other than a decoration) tendered by,
or received from, a foreign government;
(4) ``decoration'' means an order, device,
medal, badge, insignia, emblem, or award
tendered by, or received from, a foreign
government;
(5) ``minimal value'' means a retail value
in the United States at the time of acceptance
of $100 or less, except that--
(A) on January 1, 1981, and at 3-year
intervals thereafter, ``minimal value''
shall be redefined in regulations prescribed
by the Administrator of General Services, in
consultation with the Secretary of State, to
reflect changes in the consumer price index
for the immediately preceding 3-year period;
and
(B) regulations of an employing agency
may define ``minimal value'' for its
employees to be less than the value
established under this paragraph; and
(6) ``employing agency'' means--
(A) the Committee on Standards of
Official Conduct of the House of
Representatives, for Members and employees
of the House of Representatives, except that
those responsibilities specified in
subsections (c)(2)(A), (e)(1), and (g)(2)(B)
shall be carried out by the Clerk of the
House;
(B) the Select Committee on Ethics of
the Senate, for Senators and employees of
the Senate, except that those
responsibilities (other than
responsibilities involving approval of the
employing agency) specified in subsections
(c)(2), (d), and (g)(2)(B) shall be carried
out by the Secretary of the Senate;
(C) the Administrative Office of the
United States Courts, for judges and
judicial branch employees; and
(D) the department, agency, office, or
other entity in which an employee is
employed, for other legislative branch
employees and for all executive branch
employees.
(b) An employee may not--
(1) request or otherwise encourage the
tender of a gift or decoration; or
(2) accept a gift or decoration, other than
in accordance with the provisions of subsections
(c) and (d).
(c)(1) The Congress consents to--
(A) the accepting and retaining by an
employee of a gift of minimal value tendered and
received as a souvenir or mark of courtesy; and
(B) the accepting by an employee of a gift
of more than minimal value when such gift is in
the nature of an educational scholarship or
medical treatment or when it appears that to
refuse the gift would likely cause offense or
embarrassment or otherwise adversely affect the
foreign relations of the United States, except
that--
(i) a tangible gift of more than minimal
value is deemed to have been accepted on
behalf of the United States and, upon
acceptance, shall become the property of the
United States; and
(ii) an employee may accept gifts of
travel or expenses for travel taking place
entirely outside the United States (such as
transportation, food, and lodging) of more
than minimal value if such acceptance is
appropriate, consistent with the interests
of the United States, and permitted by the
employing agency and any regulations which
may be prescribed by the employing agency.
(2) Within 60 days after accepting a tangible gift of
more than minimal value (other than a gift described in
paragraph (1)(B)(ii)), an employee shall--
(A) deposit the gift for disposal with his
or her employing agency; or
(B) subject to the approval of the employing
agency, deposit the gift with that agency for
official use.
Within 30 days after terminating the official use of a gift
under subparagraph (B), the employing agency shall forward
the gift to the Administrator of General Services in
accordance with subsection (e)(1) or provide for its
disposal in accordance with subsection (e)(2).
(3) When an employee deposits a gift of more than
minimal value for disposal or for official use pursuant to
paragraph (2), or within 30 days after accepting travel or
travel expenses as provided in paragraph (1)(B)(ii) unless
such travel or travel expenses are accepted in accordance
with specific instructions of his or her employing agency,
the employee shall file a statement with his or her
employing agency or its delegate containing the information
prescribed in subsection (f) for that gift.
(d) The Congress consents to the accepting, retaining,
and wearing by an employee of a decoration tendered in
recognition of active field service in time of combat
operations or awarded for other outstanding or unusually
meritorious performance, subject to the approval of the
employing agency of such employee. Without this approval,
the decoration is deemed to have been accepted on behalf of
the United States, shall become the property of the United
States, and shall be deposited by the employee, within sixty
days of acceptance, with the employing agency for official
use, for forwarding to the Administrator of General Services
for disposal in accordance with subsection (e)(1), or for
disposal in accordance with subsection (e)(2).
(e)(1) Except as provided in paragraph (2), gifts and
decorations that have been deposited with an employing
agency for disposal shall be (A) returned to the donor, or
(B) forwarded to the Administrator of General Services for
transfer, donation, or other disposal in accordance with the
provisions of subtitle I of Title 40 and Title III of the
Federal Property and Administrative Services Act of 1949.
However, no gift or decoration that has been deposited for
disposal may be sold without the approval of the Secretary
of State, upon a determination that the sale will not
adversely affect the foreign relations of the United States.
Gifts and decorations may be sold by negotiated sale.
(2) Gifts and decorations received by a Senator or an
employee of the Senate that are deposited with the Secretary
of the Senate for disposal, or are deposited for an official
use which has terminated, shall be disposed of by the
Commission on Arts and Antiquities of the United States
Senate. Any such gift or decoration may be returned by the
Commission to the donor or may be transferred or donated by
the Commission, subject to such terms and conditions as it
may prescribe, (A) to an agency or instrumentality of (i)
the United States, (ii) a State, territory, or possession of
the United States, or a political subdivision of the
foregoing, or (iii) the District of Columbia, or (B) to an
organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 which is exempt from taxation under
section 501(a) of such Code. Any such gift or decoration not
disposed of as provided in the preceding sentence shall be
forwarded to the Administrator of General Services for
disposal in accordance with paragraph (1). If the
Administrator does not dispose of such gift or decoration
within one year, he shall, at the request of the Commission,
return it to the Commission and the Commission may dispose
of such gift or decoration in such manner as it considers
proper, except that such gift or decoration may be sold only
with the approval of the Secretary of State upon a
determination that the sale will not adversely affect the
foreign relations of the United States.
(f)(1) Not later than January 31 of each year, each
employing agency or its delegate shall compile a listing of
all statements filed during the preceding year by the
employees of that agency pursuant to subsection (c)(3) and
shall transmit such listing to the Secretary of State who
shall publish a comprehensive listing of all such statements
in the Federal Register.
(2) Such listings shall include for each tangible gift
reported--
(A) the name and position of the employee;
(B) a brief description of the gift and the
circumstances justifying acceptance;
(C) the identity, if known, of the foreign
government and the name and position of the
individual who presented the gift;
(D) the date of acceptance of the gift;
(E) the estimated value in the United States
of the gift at the time of acceptance; and
(F) disposition or current location of the
gift.
(3) Such listings shall include for each gift of travel
or travel expenses--
(A) the name and position of the employee;
(B) a brief description of the gift and the
circumstances justifying acceptance; and
(C) the identity, if known, of the foreign
government and the name and position of the
individual who presented the gift.
(4)(A) In transmitting such listings for the Central
Intelligence Agency, the Director of the Central
Intelligence Agency may delete the information described in
subparagraphs (A) and (C) of paragraphs (2) and (3) if the
Director certifies in writing to the Secretary of State that
the publication of such information could adversely affect
United States intelligence sources.
(B) In transmitting such listings for the Office of the
Director of National Intelligence, the Director of National
Intelligence may delete the information described in
subparagraphs (A) and (C) of paragraphs (2) and (3) if the
Director certifies in writing to the Secretary of State that
the publication of such information could adversely affect
United States intelligence sources.
(g)(1) Each employing agency shall prescribe such
regulations as may be necessary to carry out the purpose of
this section. For all employing agencies in the executive
branch, such regulations shall be prescribed pursuant to
guidance provided by the Secretary of State. These
regulations shall be implemented by each employing agency
for its employees.
(2) Each employing agency shall--
(A) report to the Attorney General cases in
which there is reason to believe that an
employee has violated this section;
(B) establish a procedure for obtaining an
appraisal; when necessary, of the value of
gifts; and
(C) take any other actions necessary to
carry out the purpose of this section.
(h) The Attorney General may bring a civil action in any
district court of the United States against any employee who
knowingly solicits or accepts a gift from a foreign
government not consented to by this section or who fails to
deposit or report such gift as required by this section. The
court in which such action is brought may assess a penalty
against such employee in any amount not to exceed the retail
value of the gift improperly solicited or received plus
$5,000.
(i) The President shall direct all Chiefs of a United
States Diplomatic Mission to inform their host governments
that it is a general policy of the United States Government
to prohibit United States Government employees from
receiving gifts or decorations of more than minimal value.
(j) Nothing in this section shall be construed to
derogate any regulation prescribed by any employing agency
which provides for more stringent limitations on the receipt
of gifts and decorations by its employees.
(k) The provisions of this section do not apply to
grants and other forms of assistance to which section 108A
of the Mutual Educational and Cultural Exchange Act of 1961
applies. (Sept. 11, 1967, Pub.L. 90-83, Sec. 1(45)(C), 81
Stat. 208; Aug. 17, 1977, Pub.L. 95-105, Sec. 515, 91 Stat.
862; Oct. 7, 1978, Pub.L. 95-426, Sec. 712(a)-(c), 92 Stat.
994; Pub.L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095;
Pub.L. 107-217, Sec. 3(a), Aug. 21, 2002, 116 Stat. 1295;
Pub.L. 108-458, Title I, Sec. 1079(b), Dec. 17, 2004, 118
Stat. 3696; Pub.L. 109-435, Title VI, Sec. 604(b), Dec. 20,
2006, 120 Stat. 3241.)
Chapter 81.--COMPENSATION FOR WORK INJURIES
1167 Sec. Sec. 8101-8152.
Note.--Since it is not feasible to reproduce in the
Senate Manual all the pertinent provisions of law relating
to compensation for work injuries sustained by employees of
the Congress, reference only is made here to those
provisions. See sections 8101-8152 of title 5, United States
Code.
Chapters 83 and 84.--RETIREMENT
1168 Sec. Sec. 8331-8351, Sec. Sec. 8401-8479, and sections 201-
208 of the Federal Employees' Retirement Contribution
Temporary Adjustment Act of 1983.
Note.--Since it is not feasible to reproduce in the
Senate Manual all the pertinent provisions of law relating
to retirement benefits of Members and employees of Congress,
reference only is made here to those provisions. See
subchapter III of chapter 83 of title 5, United States Code,
and chapter 84 of such title (as added by the Federal
Employees' Retirement System Act of 1986; Pub.L. 99-335, 100
Stat. 514).
Chapter 87.--LIFE INSURANCE
1169 Sec. Sec. 8701-8716.
Note.--Since it is not feasible to reproduce in the
Senate Manual all the pertinent provisions of law relating
to group life insurance for Members and employees of
Congress, reference only is made here to those provisions.
See sections 8701-8716 of title 5, United States Code.
Chapter 89.--HEALTH INSURANCE
1170 Sec. Sec. 8901-8914.
Note.--Since it is not feasible to reproduce in the
Senate Manual all the pertinent provisions of law relating
to health benefits of Members and employees of Congress,
reference only is made here to those provisions. See
sections 8901-8914 of title 5, United States Code.
Title 5.--APPENDIX
1171 Federal Advisory Committee Act
(Oct. 6, 1972, Pub.L. 92-463, 86 Stat. 770; Sept. 13, 1976,
Pub.L. 94-409, Sec. 5(c), 90 Stat. 1247; Dec. 12, 1980,
Pub.L. 96-523, Sec. 2, 94 Stat. 3040; Dec. 21, 1982, Pub.L.
97-375, Sec. 201(c), 96 Stat. 1822; 1977 Reorg. Plan No. 1,
Sec. 5F, Nov. 20, 1977, 42 F.R. 56101, 91 Stat. 1634; Pub.L.
105-153, Sec. 2(a), Dec. 17, 1997, 111 Stat. 2689).
definitions
Sec. 3. For the purpose of this Act--
(1) The term ``Administrator'' means the
Administrator of General Services.
(2) The term ``advisory committee'' means
any committee, board, commission, council,
conference, panel, task force, or other similar
group, or any subcommittee or other subgroup
thereof (hereafter in this paragraph referred to
as ``committee''), which is--
(A) established by statute or
reorganization plan, or
(B) established or utilized by the
President, or
(C) established or utilized by one or
more agencies,
in the interest of obtaining advice or
recommendations for the President or one or more
agencies or officers of the Federal Government,
except that such term excludes (i) any committee
that is composed wholly of full-time, or permanent
part-time, officers or employees of the Federal
Government, and (ii) any committee that is created
by the National Academy of Sciences or the National
Academy of Public Administration.
(3) The term ``agency'' has the same meaning
as in section 551(1) of title 5, United States
Code.
(4) The term ``Presidential advisory
committee'' means an advisory committee which
advises the President.
applicability
Sec. 4. (a) The provisions of this Act or of any rule,
order, or regulation promulgated under this Act shall apply
to each advisory committee except to the extent that any Act
of Congress establishing any such advisory committee
specifically provides otherwise.
(b) Nothing in this Act shall be construed to apply to
any advisory committee established or utilized by--
(1) the Central Intelligence Agency; or
(2) the Federal Reserve System.
(c) Nothing in this Act shall be construed to apply to
any local civic group whose primary function is that of
rendering a public service with respect to a Federal
program, or any State or local committee, council, board,
commission, or similar group established to advise or make
recommendations to State or local officials or agencies.
responsibilities of congressional committees
Sec. 5. (a) In the exercise of its legislative review
functions, each standing committee of the Senate and the
House of Representatives shall make a continuing review of
the activities of each advisory committee under its
jurisdiction to determine whether such advisory committee
should be abolished or merged with any other advisory
committee, whether the responsibilities of such advisory
committee should be revised, and whether such advisory
committee performs a necessary function not already being
performed. Each such standing committee shall take
appropriate action to obtain the enactment of legislation
necessary to carry out the purpose of this subsection.
(b) In considering legislation establishing, or
authorizing the establishment of any advisory committee,
each standing committee of the Senate and of the House of
Representatives shall determine, and report such
determination to the Senate or to the House of
Representatives, as the case may be, whether the functions
of the proposed advisory committee are being or could be
performed by one or more agencies or by an advisory
committee already in existence, or by enlarging the mandate
of an existing advisory committee. Any such legislation
shall--
(1) contain a clearly defined purpose for
the advisory committee;
(2) require the membership of the advisory
committee to be fairly balanced in terms of the
points of view represented and the functions to
be performed by the advisory committee;
(3) contain appropriate provisions to assure
that the advice and recommendations of the
advisory committee will not be inappropriately
influenced by the appointing authority or by any
special interest, but will instead be the result
of the advisory committee's independent
judgement;
(4) contain provisions dealing with
authorization of appropriations, the date for
submission of reports (if any), the duration of
the advisory committee, and the publication of
reports and other materials, to the extent that
the standing committee determines the provisions
of section 10 of this Act to be inadequate; and
(5) contain provisions which will assure
that the advisory committee will have adequate
staff (either supplied by an agency or employed
by it), will be provided adequate quarters, and
will have funds available to meet its other
necessary expenses.
(c) To the extent they are applicable, the guidelines
set out in subsection (b) of this section shall be followed
by the President, agency heads, or other Federal officials
in creating an advisory committee.
* * * * * * *
establishment and purpose of advisory committees
Sec. 9. (a) No advisory committee shall be established
unless such establishment is--
(1) specifically authorized by statute or by
the President; or
(2) determined as a matter of formal record,
by the head of the agency involved after
consultation with the Administrator, with timely
notice published in the Federal Register, to be
in the public interest in connection with the
performance of duties imposed on that agency by
law.
(b) Unless otherwise specifically provided by statute or
Presidential directive, advisory committees shall be
utilized solely for advisory functions. Determinations of
action to be taken and policy to be expressed with respect
to matters upon which an advisory committee reports or makes
recommendations shall be made solely by the President or an
officer of the Federal Government.
(c) No advisory committee shall meet or take any action
until an advisory committee charter has been filed with (1)
the Administrator, in the case of Presidential advisory
committees, or (2) with the head of the agency to whom any
advisory committee reports and with the standing committees
of the Senate and of the House of Representatives having
legislative jurisdiction of such agency. Such charter shall
contain the following information:
(A) the committee's official designation;
(B) the committee's objectives and the scope
of its activity;
(C) the period of time necessary for the
committee to carry out its purposes;
(D) the agency or official to whom the
committee reports;
(E) the agency responsible for providing the
necessary support for the committee;
(F) a description of the duties for which
the committee is responsible, and, if such
duties are not solely advisory, a specification
of the authority for such functions;
(G) the estimated annual operating costs in
dollars and man-years for such committee;
(H) the estimated number and frequency of
committee meetings;
(I) the committee's termination date, if
less than two years from the date of the
committee's establishment; and
(J) the date the charter is filed.
A copy of any such charter shall also be furnished to the
Library of Congress.
* * * * * * *
(Oct. 6, 1972, Pub.L. 92-463, 86 Stat. 770; 1997 Reorg. Plan
No. 1 Sec. 5F; 91 Stat. 1634.)
Title 5.--APPENDIX
Ethics in Government Act of 1978
Title I.--Financial Disclosure Requirements of Federal
Personnel
Historical and Statutory Notes
1172 Prohibition on the Use of Nonpublic Information for Private
Profit
Pub.L. 112-105, Sec. 3, Apr. 4, 2012, 126 Stat. 292,
provided that:
``The Select Committee on Ethics of the
Senate and the Committee on Ethics of the House
of Representatives shall issue interpretive
guidance of the relevant rules of each chamber,
including rules on conflicts of interest and
gifts, clarifying that a Member of Congress and
an employee of Congress may not use nonpublic
information derived from such person's position
as a Member of Congress or employee of Congress
or gained from the performance of such person's
official responsibilities as a means for making
a private profit.''
Other Federal Officials
Pub.L. 112-105, Sec. 9(a), Apr. 4, 2012, 126 Stat. 297,
provided that:
``(1) Executive branch employees.--The Office of
Government Ethics shall issue such interpretive guidance of
the relevant Federal ethics statutes and regulations,
including the Standards of Ethical Conduct for executive
branch employees, related to use of nonpublic information,
as necessary to clarify that no executive branch employee
may use nonpublic information derived from such person's
position as an executive branch employee or gained from the
performance of such person's official responsibilities as a
means for making a private profit.
``(2) Judicial officers.--The Judicial Conference of the
United States shall issue such interpretive guidance of the
relevant ethics rules applicable to Federal judges,
including the Code of Conduct for United States Judges, as
necessary to clarify that no judicial officer may use
nonpublic information derived from such person's position as
a judicial officer or gained from the performance of such
person's official responsibilities as a means for making a
private profit.
``(3) Judicial employees.--The Judicial Conference of
the United States shall issue such interpretive guidance of
the relevant ethics rules applicable to judicial employees
as necessary to clarify that no judicial employee may use
nonpublic information derived from such person's position as
a judicial employee or gained from the performance of such
person's official responsibilities as a means for making a
private profit.''
Sec. 101. Persons required to file.
(a) Within thirty days of assuming the position of an
officer or employee described in subsection (f), an
individual shall file a report containing the information
described in section 102(b) unless the individual has left
another position described in subsection (f) within thirty
days prior to assuming such new position or has already
filed a report under this title with respect to nomination
for the new position or as a candidate for the position.
(b)(1) Within five days of the transmittal by the
President to the Senate of the nomination of an individual
(other than an individual nominated for appointment to a
position as a Foreign Service Officer or a grade or rank in
the uniformed services for which the pay grade prescribed by
section 201 of title 37, United States Code, is O-6 or
below) to a position, appointment to which requires the
advice and consent of the Senate, such individual shall file
a report containing the information described in section
102(b). Such individual shall, not later than the date of
the first hearing to consider the nomination of such
individual, make current the report filed pursuant to this
paragraph by filing the information required by section
102(a)(1)(A) with respect to income and honoraria received
as of the date which occurs five days before the date of
such hearing. Nothing in this Act shall prevent any
congressional committee from requesting, as a condition of
confirmation, any additional financial information from any
Presidential nominee whose nomination has been referred to
that committee.
(2) An individual whom the President or the President-
elect has publicly announced he intends to nominate to a
position may file the report required by paragraph (1) at
any time after that public announcement, but not later than
is required under the first sentence of such paragraph.
(c) Within thirty days of becoming a candidate as
defined in section 301 of the Federal Campaign Act of 1971,
in a calendar year for nomination or election to the office
of President, Vice President, or Member of Congress, or on
or before May 15 of that calendar year, whichever is later,
but in no event later than 30 days before the election, and
on or before May 15 of each successive year an individual
continues to be a candidate, an individual other than an
incumbent President, Vice President, or Member of Congress
shall file a report containing the information described in
section 102(b). Notwithstanding the preceding sentence, in
any calendar year in which an individual continues to be a
candidate for any office but all elections for such office
relating to such candidacy were held in prior calendar
years, such individual need not file a report unless he
becomes a candidate for another vacancy in that office or
another office during that year.
(d) Any individual who is an officer or employee
described in subsection (f) during any calendar year and
performs the duties of his position or office for a period
in excess of sixty days in that calendar year shall file on
or before May 15 of the succeeding year a report containing
the information described in section 102(a).
(e) Any individual who occupies a position described in
subsection (f) shall, on or before the thirtieth day after
termination of employment in such position, file a report
containing the information described in section 102(a)
covering the preceding calendar year if the report required
by subsection (d) has not been filed and covering the
portion of the calendar year in which such termination
occurs up to the date the individual left such office or
position, unless such individual has accepted employment in
another position described in subsection (f).
(f) The officers and employees referred to in
subsections (a), (d), and (e) are--
(1) the President;
(2) the Vice President;
(3) each officer or employee in the
executive branch, including a special Government
employee as defined in section 202 of title 18,
United States Code, who occupies a position
classified above GS-15 of the General Schedule
or, in the case of positions not under the
General Schedule, for which the rate of basic
pay is equal to or greater than 120 percent of
the minimum rate of basic pay payable for GS-15
of the General Schedule; each member of a
uniformed service whose pay grade is at or in
excess of O-7 under section 201 of title 37,
United States Code; and each officer or employee
in any other position determined by the Director
of the Office of Government Ethics to be of
equal classification;
(4) each employee appointed pursuant to
section 3105 of title 5, United States Code;
(5) any employee not described in paragraph
(3) who is in a position in the executive branch
which is excepted from the competitive service
by reason of being of a confidential or
policymaking character, except that the Director
of the Office of Government Ethics may, by
regulation, exclude from the application of this
paragraph any individual, or group of
individuals, who are in such positions, but only
in cases in which the Director determines such
exclusion would not affect adversely the
integrity of the Government or the public's
confidence in the integrity of the Government;
(6) the Postmaster General, the Deputy
Postmaster General, each Governor of the Board
of Governors of the United States Postal Service
and each officer or employee of the United
States Postal Service or Postal Regulatory
Commission who occupies a position for which the
rate of basic pay is equal to or greater than
120 percent of the minimum rate of basic pay
payable for GS-15 of the General Schedule;
(7) the Director of the Office of Government
Ethics and each designated agency ethics
official;
(8) any civilian employee not described in
paragraph (3), employed in the Executive Office
of the President (other than a special
government employee) who holds a commission of
appointment from the President;
(9) a Member of Congress as defined under
section 109(12);
(10) an officer or employee of the Congress
as defined under section 109(13);
(11) a judicial officer as defined under
section 109(10); and
(12) a judicial employee as defined under
section 109(8).
(g)(1) Reasonable extensions of time for filing any
report may be granted under procedures prescribed by the
supervising ethics office for each branch, but the total of
such extensions shall not exceed ninety days.
(2)(A) In the case of an individual who is serving in
the Armed Forces, or serving in support of the Armed Forces,
in an area while that area is designated by the President by
Executive order as a combat zone for purposes of section 112
of the Internal Revenue Code of 1986, the date for the
filing of any report shall be extended so that the date is
180 days after the later of--
(i) the last day of the individual's service
in such area during such designated period; or
(ii) the last day of the individual's
hospitalization as a result of injury received
or disease contracted while serving in such
area.
(B) The Office of Government Ethics, in consultation
with the Secretary of Defense, may prescribe procedures
under this paragraph.
(h) The provisions of subsections (a), (b), and (e)
shall not apply to an individual who, as determined by the
designated agency ethics official or Secretary concerned (or
in the case of a Presidential appointee under subsection
(b), the Director of the Office of Government Ethics), the
congressional ethics committees, or the Judicial Conference,
is not reasonably expected to perform the duties of his
office or position for more than sixty days in a calendar
year, except that if such individual performs the duties of
his office or position for more than sixty days in a
calendar year--
(1) the report required by subsections (a)
and (b) shall be filed within fifteen days of
the sixtieth day, and
(2) the report required by subsection (e)
shall be filed as provided in such subsection.
(i) The supervising ethics office for each branch may
grant a publicly available request for a waiver of any
reporting requirement under this section for an individual
who is expected to perform or has performed the duties of
his office or position less than one hundred and thirty days
in a calendar year, but only if the supervising ethics
office determines that--
(1) such individual is not a full-time
employee of the Government,
(2) such individual is able to provide
services specially needed by the Government,
(3) it is unlikely that the individual's
outside employment or financial interests will
create a conflict of interest, and
(4) public financial disclosure by such
individual is not necessary in the
circumstances. (Pub.L. 95-521, Title I,
Sec. 101, Oct. 26, 1978, 92 Stat. 1824; Pub.L.
96-19, Sec. Sec. 2(a)(1), (b), (c)(1), 4(b)(1),
(d)-(f), 5, June 13, 1979, 93 Stat. 37, 38, 40;
Pub.L. 101-194, Title II, Sec. 202, Nov. 30,
1989, 103 Stat. 1725; Pub.L. 101-280, Sec. 3(1),
(2), May 4, 1990, 104 Stat. 152; Pub.L. 102-25,
Title VI, Sec. 605(a), Apr. 6, 1991, 105 Stat.
110; Pub.L. 102-378, Sec. 4(a)(1), Oct. 2, 1992,
106 Stat. 1356; Pub.L. 109-435, Title VI,
Sec. 604(c), Dec. 20, 2006, 120 Stat. 3241.)
NOTE
Short Title
2012 Amendments. Pub.L. 112-105, Sec. 1, Apr. 4, 2012,
126 Stat. 291, provided that: ``This Act [enacting 12
U.S.C.A. Sec. 4518a, amending 2 U.S.C.A. Sec. 104e, 5
U.S.C.A. Sec. 8332 and 8411, sections 102, 103, and 105 of
the Ethics in Government Act [5 U.S.C.A. App. 4
Sec. Sec. 102, 103, and 105], 7 U.S.C.A. Sec. 6c, 15
U.S.C.A. Sec. 78u-1, and 18 U.S.C.A. Sec. 227, and enacting
provisions set out as notes preceding this section and set
out under this section and 2 U.S.C.A. Sec. 104e, sections
102, 103, and 105 of the Ethics in Government Act [5
U.S.C.A. App. 4 Sec. Sec. 102, 103, and 105], and 15
U.S.C.A. Sec. Sec. 78j and 78u-1] may be cited as the `Stop
Trading on Congressional Knowledge Act of 2012' or the
`STOCK Act'.''
Definitions
Pub.L. 112-105, Sec. 2, Apr. 4, 2012, 126 Stat. 291,
provided that:
``In this Act [Pub.L. 112-105, Apr. 4, 2012, 126 Stat.
291, known as the Stop Trading on Congressional Knowledge
Act of 2012 or the STOCK Act]:
``(1) Member of Congress.--The term `Member
of Congress' means a member of the Senate or
House of Representatives, a Delegate to the
House of Representatives, and the Resident
Commissioner from Puerto Rico.
``(2) Employee of Congress.--The term
`employee of Congress' means----
``(A) any individual (other than a
Member of Congress), whose compensation is
disbursed by the Secretary of the Senate or
the Chief Administrative Officer of the
House of Representatives; and
``(B) any other officer or employee of
the legislative branch (as defined in
section 109(11) of the Ethics in Government
Act of 1978 (5 U.S.C. App. 109(11))).
``(3) Executive branch employee.--The term
`executive branch employee' ----
``(A) has the meaning given the term
`employee' under section 2105 of title 5,
United States Code; and
``(B) includes----
``(i) the President;
``(ii) the Vice President; and
``(iii) an employee of the
United States Postal Service or the
Postal Regulatory Commission.
``(4) Judicial officer.--The term `judicial
officer' has the meaning given that term under
section 109(10) of the Ethics in Government Act
of 1978 (U.S.C. App. 109(10)).
``(5) Judicial employee.--The term `judicial
employee' has the meaning given that term in
section 109(8) of the Ethics in Government Act
of 1978 (5 U.S.C. App. 109(8)).
``(6) Supervising ethics office.--The term
`supervising ethics office' has the meaning
given that term in section 109(18) of the Ethics
in Government Act of 1978 (5 U.S.C. App.
109(18)).''
Rule of Construction
Pub.L. 112-105, Sec. 10, Apr. 4, 2012, 126 Stat. 298,
provided that:
``Nothing in this Act [Pub.L. 112-105, Apr. 4, 2012, 126
Stat. 291, known as the Stop Trading on Congressional
Knowledge Act of 2012 or the STOCK Act], the amendments made
by this Act [see Short Title note set out under this
section], or the interpretive guidance to be issued pursuant
to sections 3 [enacting provisions set out as a note
preceding this section] and 9 [amending 15 U.S.C.A.
Sec. 78u-1 and enacting provisions set out as notes
preceding this section and under 15 U.S.C.A. Sec. Sec. 78u-1
and 78j] of this Act, shall be construed to----
``(1) impair or limit the construction of
the antifraud provisions of the securities laws
or the Commodity Exchange Act [7 U.S.C.A. Sec. 1
et seq.] or the authority of the Securities and
Exchange Commission or the Commodity Futures
Trading Commission under those provisions;
``(2) be in derogation of the obligations,
duties, and functions of a Member of Congress,
an employee of Congress, an executive branch
employee, a judicial officer, or a judicial
employee, arising from such person's official
position; or
``(3) be in derogation of existing laws,
regulations, or ethical obligations governing
Members of Congress, employees of Congress,
executive branch employees, judicial officers,
or judicial employees.''
Post-Employment Negotiation Restrictions
Pub.L. 112-105, Sec. 17, Apr. 4, 2012, 126 Stat. 303,
provided that:
``(a) Restriction extended to executive and judicial
branches.--Notwithstanding any other provision of law,
an individual required to file a financial disclosure
report under section 101 of the Ethics in Government Act
of 1978 (5 U.S.C. App. 101) may not directly negotiate
or have any agreement of future employment or
compensation unless such individual, within 3 business
days after the commencement of such negotiation or
agreement of future employment or compensation, files
with the individual's supervising ethics office a
statement, signed by such individual, regarding such
negotiations or agreement, including the name of the
private entity or entities involved in such negotiations
or agreement, and the date such negotiations or
agreement commenced.
``(b) Recusal.--An individual filing a statement under
subsection (a) shall recuse himself or herself whenever
there is a conflict of interest, or appearance of a
conflict of interest, for such individual with respect
to the subject matter of the statement, and shall notify
the individual's supervising ethics office of such
recusal. An individual making such recusal shall, upon
such recusal, submit to the supervising ethics office
the statement under subsection (a) with respect to which
the recusal was made.''
1173 Sec. 102. Contents of reports.
(a) Each report filed pursuant to section 101 (d) and
(e) shall include a full and complete statement with respect
to the following:
(1)(A) The source, type, and amount or value
of income (other than income referred to in
subparagraph (B)) from any source (other than
from current employment by the United States
Government), and the source, date, and amount of
honoraria from any source, received during the
preceding calendar year, aggregating $200 or
more in value and, effective January 1, 1991,
the source, date, and amount of payments made to
charitable organizations in lieu of honoraria,
and the reporting individual shall
simultaneously file with the applicable
supervising ethics office, on a confidential
basis, a corresponding list of recipients of all
such payments, together with the dates and
amounts of such payments.
(B) The source and type of income which
consists of dividends, rents, interest, and
capital gains, received during the preceding
calendar year which exceeds $200 in amount or
value, and an indication of which of the
following categories the amount or value of such
item of income is within:
(i) not more than $1,000,
(ii) greater than $1,000 but not more
than $2,500,
(iii) greater than $2,500 but not more
than $5,000,
(iv) greater than $5,000 but not more
than $15,000,
(v) greater than $15,000 but not more
than $50,000,
(vi) greater than $50,000 but not more
than $100,000,
(vii) greater than $100,000 but not more
than $1,000,000,
(viii) greater than $1,000,000 but not
more than $5,000,000, or
(ix) greater than $5,000,000.
(2)(A) The identity of the source, a brief
description, and the value of all gifts
aggregating more than the minimal value as
established by section 7342(a)(5) of title 5,
United States Code, or $250, whichever is
greater, received from any source other than a
relative of the reporting individual during the
preceding calendar year, except that any food,
lodging, or entertainment received as personal
hospitality of an individual need not be
reported, and any gift with a fair market value
of $100 or less, as adjusted at the same time
and by the same percentage as the minimal value
is adjusted, need not be aggregated for purposes
of this subparagraph.
(B) The identity of the source and a brief
description (including a travel itinerary,
dates, and nature of expenses provided) of
reimbursements received from any source
aggregating more than the minimal value as
established by section 7342(a)(5) of title 5,
United States Code, or $250, whichever is
greater and received during the preceding
calendar year.
(C) In an unusual case, a gift need not be
aggregated under subparagraph (A) if a publicly
available request for a waiver is granted.
(3) The identity and category of value of
any interest in property held during the
preceding calendar year in a trade or business,
or for investment or the production of income,
which has a fair market value which exceeds
$1,000 as of the close of the preceding calendar
year, excluding any personal liability owed to
the reporting individual by a spouse, or by a
parent, brother, sister, or child of the
reporting individual or of the reporting
individual's spouse, or any deposits aggregating
$5,000 or less in a personal savings account.
For purposes of this paragraph, a personal
savings account shall include any certificate of
deposit or any other form of deposit in a bank,
savings and loan association, credit union, or
similar financial institution.
(4) The identity and category of value of
the total liabilities owed to any creditor other
than a spouse, or a parent, brother, sister, or
child of the reporting individual or of the
reporting individual's spouse which exceed
$10,000 at any time during the preceding
calendar year, excluding--
(A) any mortgage secured by real
property which is a personal residence of
the reporting individual or his spouse,
except that this exception shall not apply
to a reporting individual----
(i) described in paragraph (1), (2), or (9) of section
101(f);
(ii) described in section 101(b) who has been nominated for
appointment as an officer or employee in the executive
branch described in subsection (f) of such section,
other than----
(I) an individual appointed to a
position----
(aa) as a Foreign Service
Officer below the rank of
ambassador; or
(bb) in the uniformed services
for which the pay grade prescribed
by section 201 of title 37, United
States Code is O-6 or below; or
(II) a special government employee, as
defined under section 202 of title 18,
United States Code; or
(iii) described in section 101(f) who is in a position in
the executive branch the appointment to which is made by
the President and requires advice and consent of the
Senate, other than----
(I) an individual appointed to a
position----
(aa) as a Foreign Service
Officer below the rank of
ambassador; or
(bb) in the uniformed services
for which the pay grade prescribed
by section 201 of title 37, United
States Code is O-6 or below; or
(II) a special government employee, as
defined under section 202 of title 18,
United States Code; and
(B) any loan secured by a personal motor
vehicle, household furniture, or appliances,
which loan does not exceed the purchase
price of the item which secures it.
With respect to revolving charge accounts, only
those with an outstanding liability which exceeds
$10,000 as of the close of the preceding calendar
year need be reported under this paragraph.
(5) Except as provided in this paragraph, a
brief description, the date, and category of
value of any purchase, sale or exchange during
the preceding calendar year which exceeds
$1,000--
(A) in real property, other than
property used solely as a personal residence
of the reporting individual or his spouse;
or
(B) in stocks, bonds, commodities
futures, and other forms of securities.
Reporting is not required under this paragraph of
any transaction solely by and between the reporting
individual, his spouse, or dependent children.
(6)(A) The identity of all positions held on
or before the date of filing during the current
calendar year (and, for the first report filed
by an individual, during the two-year period
preceding such calendar year) as an officer,
director, trustee, partner, proprietor,
representative, employee, or consultant of any
corporation, company, firm, partnership, or
other business enterprise, any nonprofit
organization, any labor organization, or any
educational or other institution other than the
United States. This subparagraph shall not
require the reporting of positions held in any
religious, social, fraternal, or political
entity and positions solely of an honorary
nature.
(B) If any person, other than the United
States Government, paid a nonelected reporting
individual compensation in excess of $5,000 in
any of the two calendar years prior to the
calendar year during which the individual files
his first report under this title, the
individual shall include in the report--
(i) the identity of each source of such
compensation; and
(ii) a brief description of the nature
of the duties performed or services rendered
by the reporting individual for each such
source.
The preceding sentence shall not require any
individual to include in such report any information
which is considered confidential as a result of a
privileged relationship, established by law, between
such individual and any person nor shall it require
an individual to report any information with respect
to any person for whom services were provided by any
firm or association of which such individual was a
member, partner, or employee unless such individual
was directly involved in the provision of such
services.
(7) A description of the date, parties to,
and terms of any agreement or arrangement with
respect to (A) future employment; (B) a leave of
absence during the period of the reporting
individual's Government service; (C)
continuation of payments by a former employer
other than the United States Government; and (D)
continuing participation in an employee welfare
or benefit plan maintained by a former employer.
(8) The category of the total cash value of
any interest of the reporting individual in a
qualified blind trust, unless the trust
instrument was executed prior to July 24, 1995
and precludes the beneficiary from receiving
information on the total cash value of any
interest in the qualified blind trust.
(b)(1) Each report filed pursuant to subsections (a),
(b), and (c) of section 101 shall include a full and
complete statement with respect to the information required
by--
(A) paragraph (1) of subsection (a) for the
year of filing and the preceding calendar year.
(B) paragraphs (3) and (4) of subsection (a)
as of the date specified in the report but which
is less than thirty-one days before the filing
date, and
(C) paragraphs (6) and (7) of subsection (a)
as of the filing date but for periods described
in such paragraphs.
(2)(A) In lieu of filling out one or more schedules of a
financial disclosure form, an individual may supply the
required information in an alternative format, pursuant to
either rules adopted by the supervising ethics office for
the branch in which such individual serves or pursuant to a
specific written determination by such office for a
reporting individual.
(B) In lieu of indicating the category of amount or
value of any item contained in any report filed under this
title, a reporting individual may indicate the exact dollar
amount of such item.
(c) In the case of any individual described in section
101(e), any reference to the preceding calendar year shall
be considered also to include that part of the calendar year
of filing up to the date of the termination of employment.
(d)(1) The categories for reporting the amount or value
of the items covered in paragraphs (3), (4), and (5) of
subsection (a) are as follows:
(A) not more than $15,000;
(B) greater than $15,000 but not more than
$50,000;
(C) greater than $50,000 but not more than
$100,000;
(D) greater than $100,000 but not more than
$250,000;
(E) greater than $250,000 but not more than
$500,000;
(F) greater than $500,000 but not more than
$1,000,000;
(G) greater than $1,000,000 but not more
than $5,000,000;
(H) greater than $5,000,000 but not more
than $25,000,000;
(I) greater than $25,000,000 but not more
than $50,000,000; and
(J) greater than $50,000,000.
(2) For the purposes of paragraph (3) of subsection (a)
if the current value of an interest in real property (or an
interest in a real estate partnership) is not ascertainable
without an appraisal, an individual may list (A) the date of
purchase and the purchase price of the interest in the real
property, or (B) the assessed value of the real property for
tax purposes, adjusted to reflect the market value of the
property used for the assessment if the assessed value is
computed at less than 100 percent of such market value, but
such individual shall include in his report a full and
complete description of the method used to determine such
assessed value, instead of specifying a category of value
pursuant to paragraph (1) of this subsection. If the current
value of any other item required to be reported under
paragraph (3) of subsection (a) is not ascertainable without
an appraisal, such individual may list the book value of a
corporation whose stock is not publicly traded, the net
worth of a business partnership, the equity value of an
individually owned business, or with respect to other
holdings, any recognized indication of value, but such
individual shall include in his report a full and complete
description of the method used in determining such value. In
lieu of any value referred to in the preceding sentence, an
individual may list the assessed value of the item for tax
purposes, adjusted to reflect the market value of the item
used for the assessment if the assessed value is computed at
less than 100 percent of such market value, but a full and
complete description of the method used in determining such
assessed value shall be included in the report.
(e)(1) Except as provided in the last sentence of this
paragraph, each report required by section 101 shall also
contain information listed in paragraphs (1) through (5) of
subsection (a) of this section respecting the spouse or
dependent child of the reporting individual as follows:
(A) The source of items of earned income
earned by a spouse from any person which exceeds
$1,000 and the source and amount of any
honoraria received by a spouse, except that,
with respect to earned income (other than
honoraria), if the spouse is self-employed in
business or a profession, only the nature of
such business or profession need be reported.
(B) All information required to be reported
in subsection (a)(1)(B) with respect to income
derived by a spouse or dependent child from any
asset held by the spouse or dependent child and
reported pursuant to subsection (a)(3).
(C) In the case of any gifts received by a
spouse or dependent child which are not received
totally independent of the relationship of the
spouse or dependent child to the reporting
individual, the identity of the source and a
brief description of gifts of transportation,
lodging, food, or entertainment and a brief
description and the value of other gifts.
(D) In the case of any reimbursements
received by a spouse or dependent child which
are not received totally independent of the
relationship of the spouse or dependent child to
the reporting individual, the identity of the
source and a brief description of each such
reimbursement.
(E) In the case of items described in
paragraphs (3) through (5) of subsection (a),
all information required to be reported under
these paragraphs other than items (i) which the
reporting individual certifies represent the
spouse's or dependent child's sole financial
interest or responsibility and which the
reporting individual has no knowledge of, (ii)
which are not in any way, past or present,
derived from the income, assets, or activities
of the reporting individual, and (iii) from
which the reporting individual neither derives,
nor expects to derive, any financial or economic
benefit.
(F) For purposes of this section, categories
with amounts or values greater than $1,000,000
set forth in sections 102(a)(1)(B) and 102(d)(1)
shall apply to the income, assets, or
liabilities of spouses and dependent children
only if the income, assets, or liabilities are
held jointly with the reporting individual. All
other income, assets, or liabilities of the
spouse or dependent children required to be
reported under this section in an amount or
value greater than $1,000,000 shall be
categorized only as an amount or value greater
than $1,000,000.
Reports required by subsections (a), (b), and (c) of section
101 shall, with respect to the spouse and dependent child of
the reporting individual, only contain information listed in
paragraphs (1), (3), and (4) of subsection (a), as specified
in this paragraph.
(2) No report shall be required with respect to a spouse
living separate and apart from the reporting individual with
the intention of terminating the marriage or providing for
permanent separation; or with respect to any income or
obligations of an individual arising from the dissolution of
his marriage or the permanent separation from his spouse.
(f)(1) Except as provided in paragraph (2), each
reporting individual shall report the information required
to be reported pursuant to subsections (a), (b), and (c) of
this section with respect to the holdings of and the income
from a trust or other financial arrangement from which
income is received by, or with respect to which a beneficial
interest in principal or income is held by, such individual,
his spouse, or any dependent child.
(2) A reporting individual need not report the holdings
of or the source of income from any of the holdings of--
(A) any qualified blind trust (as defined in
paragraph (3));
(B) a trust--
(i) which was not created directly by
such individual, his spouse, or any
dependent child, and
(ii) the holdings or sources of income
of which such individual, his spouse, and
any dependent child have no knowledge of; or
(C) an entity described under the provisions
of paragraph (8), but such individual shall
report the category of the amount of income
received by him, his spouse, or any dependent
child from the trust or other entity under
subsection (a)(1)(B) of this section.
(3) For purposes of this subsection, the term
``qualified blind trust'' includes any trust in which a
reporting individual, his spouse, or any minor or dependent
child has a beneficial interest in the principal or income,
and which meets the following requirements:
(A)(i) The trustee of the trust and any
other entity designated in the trust instrument
to perform fiduciary duties is a financial
institution, an attorney, a certified public
accountant, a broker, or an investment advisor
who--
(I) is independent of and not associated
with any interested party so that the
trustee or other person cannot be controlled
or influenced in the administration of the
trust by any interested party;
(II) is not and has not been an employee
of or affiliated with any interested party
and is not a partner of, or involved in any
joint venture or other investment with, any
interested party; and
(III) is not a relative of any
interested party.
(ii) Any officer or employee of a trustee or
other entity who is involved in the management
or control of the trust--
(I) is independent of and not associated
with any interested party so that such
officer or employee cannot be controlled or
influenced in the administration of the
trust by any interested party;
(II) is not a partner of, or involved in
any joint venture or other investment with,
any interested party; and
(III) is not a relative of any
interested party.
(B) Any asset transferred to the trust by an
interested party is free of any restriction with
respect to its transfer or sale unless such
restriction is expressly approved by the
supervising ethics office of the reporting
individual.
(C) The trust instrument which establishes
the trust provides that--
(i) except to the extent provided in
subparagraph (B) of this paragraph, the
trustee in the exercise of his authority and
discretion to manage and control the assets
of the trust shall not consult or notify any
interested party;
(ii) the trust shall not contain any
asset the holding of which by an interested
party is prohibited by any law or
regulation;
(iii) the trustee shall promptly notify
the reporting individual and his supervising
ethics office when the holdings of any
particular asset transferred to the trust by
any interested party are disposed of or when
the value of such holding is less than
$1,000;
(iv) the trust tax return shall be
prepared by the trustee or his designee, and
such return and any information relating
thereto (other than the trust income
summarized in appropriate categories
necessary to complete an interested party's
tax return), shall not be disclosed to any
interested party;
(v) an interested party shall not
receive any report on the holdings and
sources of income of the trust, except a
report at the end of each calendar quarter
with respect to the total cash value of the
interest of the interested party in the
trust or the net income or loss of the trust
or any reports necessary to enable the
interested party to complete an individual
tax return required by law or to provide the
information required by subsection (a)(1) of
this section, but such report shall not
identify any asset or holding;
(vi) except for communications which
solely consist of requests for distributions
of cash or other unspecified assets of the
trust, there shall be no direct or indirect
communication between the trustee and an
interested party with respect to the trust
unless such communication is in writing and
unless it relates only (I) to the general
financial interest and needs of the
interested party (including, but not limited
to, an interest in maximizing income or
long-term capital gain), (II) to the
notification of the trustee of a law or
regulation subsequently applicable to the
reporting individual which prohibits the
interested party from holding an asset,
which notification directs that the asset
not be held by the trust, or (III) to
directions to the trustee to sell all of an
asset initially placed in the trust by an
interested party which in the determination
of the reporting individual creates a
conflict of interest or the appearance
thereof due to the subsequent assumption of
duties by the reporting individual (but
nothing herein shall require any such
direction); and
(vii) the interested parties shall make
no effort to obtain information with respect
to the holdings of the trust, including
obtaining a copy of any trust tax return
filed or any information relating thereto
except as otherwise provided in this
subsection.
(D) The proposed trust instrument and the
proposed trustee is approved by the reporting
individual's supervising ethics office.
(E) For purposes of this subsection,
``interested party'' means a reporting
individual, his spouse, and any minor or
dependent child; ``broker'' has the meaning set
forth in section 3(a)(4) of the Securities and
Exchange Act of 1934 (15 U.S.C. 78c(a)(4)); and
``investment adviser'' includes any investment
adviser who, as determined under regulations
prescribed by the supervising ethics office, is
generally involved in his role as such an
adviser in the management or control of trusts.
(F) Any trust qualified by a supervising
ethics office before the effective date of title
II of the Ethics Reform Act of 1989 shall
continue to be governed by the law and
regulations in effect immediately before such
effective date.
(4)(A) An asset placed in a trust by an interested party
shall be considered a financial interest of the reporting
individual, for the purposes of any applicable conflict of
interest statutes, regulations, or rules of the Federal
Government (including section 208 of title 18, United States
Code), until such time as the reporting individual is
notified by the trustee that such asset has been disposed
of, or has a value of less than $1,000.
(B)(i) The provisions of subparagraph (A) shall not
apply with respect to a trust created for the benefit of a
reporting individual, or the spouse, dependent child, or
minor child of such a person, if the supervising ethics
office for such reporting individual finds that--
(I) the assets placed in the trust consist
of a well-diversified portfolio of readily
marketable securities;
(II) none of the assets consist of
securities of entities having substantial
activities in the area of the reporting
individual's primary area of responsibility;
(III) the trust instrument prohibits the
trustee, notwithstanding the provisions of
paragraph (3)(C) (iii) and (iv) of this
subsection, from making public or informing any
interested party of the sale of any securities;
(IV) the trustee is given power of attorney,
notwithstanding the provisions of paragraph
(3)(C)(v) of this subsection, to prepare on
behalf of any interested party the personal
income tax returns and similar returns which may
contain information relating to the trust; and
(V) except as otherwise provided in this
paragraph, the trust instrument provides (or in
the case of a trust established prior to the
effective date of this Act which by its terms
does not permit amendment, the trustee, the
reporting individual, and any other interested
party agree in writing) that the trust shall be
administered in accordance with the requirements
of this subsection and the trustee of such trust
meets the requirements of paragraph (3)(A).
(ii) In any instance covered by subparagraph (B) in
which the reporting individual is an individual whose
nomination is being considered by a congressional committee,
the reporting individual shall inform the congressional
committee considering his nomination before or during the
period of such individual's confirmation hearing of his
intention to comply with this paragraph.
(5)(A) The reporting individual shall, within thirty
days after a qualified blind trust is approved by his
supervising ethics office, file with such office a copy of--
(i) the executed trust instrument of such
trust (other than those provisions which relate
to the testamentary disposition of the trust
assets), and
(ii) a list of the assets which were
transferred to such trust, including the
category of value of each asset as determined
under subsection (d) of this section.
This subparagraph shall not apply with respect to a trust
meeting the requirements for being considered a qualified
blind trust under paragraph (7) of this subsection.
(B) The reporting individual shall, within thirty days
of transferring an asset (other than cash) to a previously
established qualified blind trust, notify his supervising
ethics office of the identity of each such asset and the
category of value of each asset as determined under
subsection (d) of this section.
(C) Within thirty days of the dissolution of a qualified
blind trust, a reporting individual shall--
(i) notify his supervising ethics office of
such dissolution, and
(ii) file with such office a copy of a list
of the assets of the trust at the time of such
dissolution and the category of value under
subsection (d) of this section of each such
asset.
(D) Documents filed under subparagraphs (A), (B), and
(C) of this paragraph and the lists provided by the trustee
of assets placed in the trust by an interested party which
have been sold shall be made available to the public in the
same manner as a report is made available under section 105
and the provisions of that section shall apply with respect
to such documents and lists.
(E) A copy of each written communication with respect to
the trust under paragraph (3)(C)(vi) shall be filed by the
person initiating the communication with the reporting
individual's supervising ethics office within five days of
the date of the communication.
(6)(A) A trustee of a qualified blind trust shall not
knowingly and willfully, or negligently, (i) disclose any
information to an interested party with respect to such
trust that may not be disclosed under paragraph (3) of this
subsection; (ii) acquire any holding the ownership of which
is prohibited by the trust instrument; (iii) solicit advice
from any interested party with respect to such trust, which
solicitation is prohibited by paragraph (3) of this
subsection or the trust agreement; or (iv) fail to file any
document required by this subsection.
(B) A reporting individual shall not knowingly and
willfully, or negligently, (i) solicit or receive any
information with respect to a qualified blind trust of which
he is an interested party that may not be disclosed under
paragraph (3)(C) of this subsection; or (ii) fail to file
any document required by this subsection.
(C)(i) The Attorney General may bring a civil action in
any appropriate United States district court against any
individual who knowingly and willfully violates the
provisions of subparagraph (A) or (B) of this paragraph. The
court in which such action is brought may assess against
such individual a civil penalty in any amount not to exceed
$10,000.
(ii) The Attorney General may bring a civil action in
any appropriate United States district court against any
individual who negligently violates the provisions of
subparagraph (A) or (B) of this paragraph. The court in
which such action is brought may assess against such
individual a civil penalty in any amount not to exceed
$5,000.
(7) Any trust may be considered to be a qualified blind
trust if--
(A) the trust instrument is amended to
comply with the requirements of paragraph (3)
or, in the case of a trust instrument which does
not by its terms permit amendment, the trustee,
the reporting individual, and any other
interested party agree in writing that the trust
shall be administered in accordance with the
requirements of this subsection and the trustee
of such trust meets the requirements of
paragraph (3)(A); except that in the case of any
interested party who is a dependent child, a
parent or guardian of such child may execute the
agreement referred to in this subparagraph;
(B) a copy of the trust instrument (except
testamentary provisions) and a copy of the
agreement referred to in subparagraph (A), and a
list of the assets held by the trust at the time
of approval by the supervising ethics office,
including the category of value of each asset as
determined under subsection (d) of this section,
are filed with such office and made available to
the public as provided under paragraph (5)(D) of
this subsection; and
(C) the supervising ethics office determines
that approval of the trust arrangement as a
qualified blind trust is in the particular case
appropriate to assure compliance with applicable
laws and regulations.
(8) A reporting individual shall not be required to
report the financial interest held by a widely held
investment fund (whether such fund is a mutual fund,
regulated investment company, pension or deferred
compensation plan, or other investment fund), if--
(A)(i) the fund is publicly traded; or
(ii) the assets of the fund are widely
diversified; and
(B) the reporting individual neither
exercises control over nor has the ability to
exercise control over the financial interests
held by the fund.
(g) Political campaign funds, including campaign
receipts and expenditures, need not be included in any
report filed pursuant to this title.
(h) A report filed pursuant to subsection (a), (d), or
(e) of section 101 need not contain the information
described in subparagraphs (A), (B), and (C) of subsection
(a)(2) with respect to gifts and reimbursements received in
a period when the reporting individual was not an officer or
employee of the Federal Government.
(i) a reporting individual shall not be required under
this title to report--
(1) financial interests in or income derived
from--
(A) any retirement system under title 5,
United States Code (including the Thrift
Savings Plan under subchapter III of chapter
84 of such title); or
(B) any other retirement system
maintained by the United States for officers
or employees of the United States, including
the President, or for members of the
uniformed services; or
(2) benefits received under the Social
Security Act. (Pub.L. 95-521, Title I, Sec. 102,
Oct. 26, 1978, 92 Stat. 1825; Pub.L. 96-19,
Sec. Sec. 3(a)(1), (b), 6(a), 7(a)-(d)(1), (f),
9(b), (c)(1), (j), June 13, 1979, 93 Stat. 39-
43; Pub.L. 97-51, Sec. 130(b), Oct. 1, 1981, 95
Stat. 966; Pub.L. 98-150, Sec. 10, Nov. 11,
1983, 97 Stat. 962; Pub.L. 101-194, Title II,
Sec. 202, Nov. 30, 1989, 103 Stat. 1727; Pub.L.
101-280, Sec. 3(3), May 4, 1990, 104 Stat. 152;
Pub.L. 102-90, Title III, Sec. 314(a), Aug. 14,
1991, 105 Stat. 469; Pub.L. 104-65,
Sec. Sec. 20, 22(a), (b), Dec. 19, 1995, 109
Stat. 704, 705; Pub.L. 112-105, Sec. 13(a),
Apr. 4, 2012, 126 Stat. 300.)
1174 Sec. 103. Filing of reports.
(a) Except as otherwise provided in this section, the
reports required under this title shall be filed by the
reporting individual with the designated agency ethics
official at the agency by which he is employed (or in the
case of an individual described in section 101(e), was
employed) or in which he will serve. The date any report is
received (and the date of receipt of any supplemental
report) shall be noted on such report by such official.
(b) The President, the Vice President, and independent
counsel and persons appointed by independent counsel under
chapter 40 of title 28, United States Code, shall file
reports required under this title with the Director of the
Office of Government Ethics.
(c) Copies of the reports required to be filed under
this title by the Postmaster General, the Deputy Postmaster
General, the Governors of the Board of Governors of the
United States Postal Service, designated agency ethics
officials, employees described in section 105(a)(2) (A) or
(B), 106(a)(1) (A) or (B), or 107 (a)(1)(A) or (b)(1)(A)(i),
of title 3, United States Code, candidates for the office of
President or Vice President and officers and employees in
(and nominees to) offices or positions which require
confirmation by the Senate or by both Houses of Congress
other than individuals nominated to be judicial officers and
those referred to in subsection (f) shall be transmitted to
the Director of the Office of Government Ethics. The
Director shall forward a copy of the report of each nominee
to the congressional committee considering the nomination.
(d) Reports required to be filed under this title by the
Director of the Office of Government Ethics shall be filed
in the Office of Government Ethics and, immediately after
being filed, shall be made available to the public in
accordance with this title.
(e) Each individual identified in section 101(c) who is
a candidate for nomination or election to the Office of
President or Vice President shall file the reports required
by this title with the Federal Election Commission.
(f) Reports required of members of the uniformed
services shall be filed with the Secretary concerned.
(g) Each supervising ethics office shall develop and
make available forms for reporting the information required
by this title.
(h)(1) The reports required under this title shall be
filed by a reporting individual with--
(A)(i)(I) the Clerk of the House of
Representatives, in the case of a Representative
in Congress, a Delegate to Congress, the
Resident Commissioner from Puerto Rico, an
officer or employee of the Congress whose
compensation is disbursed by the Chief
Administrative Officer of the House of
Representatives, an officer or employee of the
Architect of the Capitol, the United States
Capitol Police, the United States Botanic
Garden, the Congressional Budget Office, the
Government Printing Office, the Library of
Congress, or the Copyright Royalty Tribunal
(including any individual terminating service,
under section 101(e), in any office or position
referred to in this subclause), or an individual
described in section 101(c) who is a candidate
for nomination or election as a Representative
in Congress, a Delegate to Congress, or the
Resident Commissioner from Puerto Rico; and
(II) the Secretary of the Senate, in the
case of a Senator, an officer or employee of the
Congress whose compensation is disbursed by the
Secretary of the Senate, an officer or employee
of the Government Accountability Office, the
Office of Technology Assessment, or the Office
of the Attending Physician (including any
individual terminating service, under section
101(e), in any office or position referred to in
this subclause), or an individual described in
section 101(c) who is a candidate for nomination
or election as a Senator; and
(ii) in the case of an officer or employee
of the Congress as described under section
101(f)(10) who is employed by an agency or
commission established in the legislative branch
after the date of the enactment of the Ethics
Reform Act of 1989--
(I) the Secretary of the Senate or the
Clerk of the House of Representatives, as
the case may be, as designated in the
statute establishing such agency or
commission; or
(II) if such statute does not designate
such committee, the Secretary of the Senate
for agencies and commissions established in
even numbered calendar years, and the Clerk
of the House of Representatives for agencies
and commissions established in odd numbered
calendar years; and
(B) the Judicial Conference with regard to a
judicial officer or employee described under
paragraphs (11) and (12) of section 101(f)
(including individuals terminating service in
such office or position under section 101(e) or
immediately preceding service in such office or
position).
(2) The date any report is received (and the date of
receipt of any supplemental report) shall be noted on such
report by such committee.
(i)(1) A copy of each report filed under this title by a
Member or an individual who is a candidate for the office of
Member shall be sent by the Clerk of the House of
Representatives or Secretary of the Senate, as the case may
be, to the appropriate State officer designated under
section 316(a) of the Federal Election Campaign Act of 1971
of the State represented by the Member or in which the
individual is a candidate, as the case may be, within the
30-day period beginning on the day the report is filed with
the Clerk or Secretary.
(2) The requirements of paragraph (1) do not apply to
any report filed under this title which is filed
electronically and for which there is online public access,
in accordance with the systems developed by the Secretary
and Sergeant at Arms of the Senate and the Clerk of the
House of Representatives under section 8(b) of the Stop
Trading on Congressional Knowledge Act of 2012.
(j)(1) A copy of each report filed under this title with
the Clerk of the House of Representatives shall be sent by
the Clerk to the Committee on Standards of Official Conduct
of the House of Representatives within the 7-day period
beginning on the day the report is filed.
(2) A copy of each report filed under this title with
the Secretary of the Senate shall be sent by the Secretary
to the Select Committee on Ethics of the Senate within the
7-day period beginning on the day the report is filed.
(k) In carrying out their responsibilities under this
title with respect to candidates for office, the Clerk of
the House of Representatives and the Secretary of the Senate
shall avail themselves of the assistance of the Federal
Election Commission. The Commission shall make available to
the Clerk and the Secretary on a regular basis a complete
list of names and addresses of all candidates registered
with the Commission, and shall cooperate and coordinate its
candidate information and notification program with the
Clerk and the Secretary to the greatest extent possible.
(l) Not later than 30 days after receiving notification
of any transaction required to be reported under section
102(a)(5)(B), but in no case later than 45 days after such
transaction, the following persons, if required to file a
report under any subsection of section 101, subject to any
waivers and exclusions, shall file a report of the
transaction:
(1) The President.
(2) The Vice President.
(3) Each officer or employee in the executive branch,
including a special Government employee as defined in
section 202 of title 18, United States Code, who occupies a
position classified above GS-15 of the General Schedule or,
in the case of positions not under the General Schedule, for
which the rate of basic pay is equal to or greater than 120
percent of the minimum rate of basic pay payable for GS-15
of the General Schedule; each member of a uniformed service
whose pay grade is at or in excess of O-7 under section 201
of title 37, United States Code; and each officer or
employee in any other position determined by the Director of
the Office of Government Ethics to be of equal
classification.
(4) Each employee appointed pursuant to section 3105 of
title 5, United States Code.
(5) Any employee not described in paragraph (3) who is
in a position in the executive branch which is excepted from
the competitive service by reason of being of a confidential
or policymaking character, except that the Director of the
Office of Government Ethics may, by regulation, exclude from
the application of this paragraph any individual, or group
of individuals, who are in such positions, but only in cases
in which the Director determines such exclusion would not
affect adversely the integrity of the Government or the
public's confidence in the integrity of the Government.
(6) The Postmaster General, the Deputy Postmaster
General, each Governor of the Board of Governors of the
United States Postal Service and each officer or employee of
the United States Postal Service or Postal Regulatory
Commission who occupies a position for which the rate of
basic pay is equal to or greater than 120 percent of the
minimum rate of basic pay payable for GS-15 of the General
Schedule.
(7) The Director of the Office of Government Ethics and
each designated agency ethics official.
(8) Any civilian employee not described in paragraph
(3), employed in the Executive Office of the President
(other than a special government employee) who holds a
commission of appointment from the President.
(9) A Member of Congress, as defined under section
109(12).
(10) An officer or employee of the Congress, as defined
under section 109(13). (Pub.L. 95-521, Title I, Sec. 103,
Oct. 26, 1978, 92 Stat. 1831; Pub.L. 96-19, Sec. Sec.
4(b)(2), 9(a), June 13, 1979, 93 Stat. 40, 42; Pub.L. 101-
194, Title II, Sec. 202, Nov. 30, 1989, 103 Stat. 1736;
Pub.L. 101-280, Sec. 3(1), (4), May 4, 1990, 104 Stat. 152,
153; Pub.L. 102-90, Title III, Sec. 313(1), Aug. 14, 1991,
105 Stat. 469; Pub.L. 104-186, Title II, Sec. 216(1), Aug.
20, 1996, 110 Stat. 1747; Pub.L. 108-271, Sec. 8(b), July 7,
2004, 118 Stat. 814; Pub.L. 109-55, Title I, Sec. 1003(a),
Aug. 2, 2005, 119 Stat. 572; Pub.L. 112-105, Sec. Sec. 6(a),
19(a), Apr. 4, 2012, 126 Stat. 293, 304.)
HISTORICAL AND STATUTORY NOTES
References in Text
Section 8(b) of the Stop Trading on Congressional
Knowledge Act of 2012, referred to in subsec. (i)(2), is
Pub.L. 112-105, Sec. 8(b), Apr. 4, 2012, 126 Stat. 295,
which is set out as a note under section 105 of this
Appendix, 5 U.S.C.A. App. 4, Sec. 105.
Effective and Applicability Provisions
2012 Acts. Pub.L. 112-105, Sec. 6(b), Apr. 4 , 2012,
126 Stat. 294, provided that: ``The amendment made by
subsection (a) [enacting subsec. (l) of this section] shall
apply to transactions occurring on or after the date that is
90 days after the date of enactment of this Act [Apr. 4,
2012].''
Savings Clause
Pub.L. 112-178, Sec. 3(c), Sept. 28, 2012, 126 Stat.
1410, provided that:
``Nothing in the amendments made by subsection (a)
[amending Pub.L. 112-173, Sec. 2, which is set out as a
note under this section] shall be construed as affecting any
requirement with respect to the House of Representatives or
the executive branch in effect before January 1, 2013, with
respect to the inclusion of transaction information for a
report under section 103(l) of the Ethics in Government Act
of 1978 (5 U.S.C. App. 103(l)) [this section].''
No Change to Existing Senate Requirements
Pub.L. 112-178, Sec. 3(d), Sept. 28, 2012, 126 Stat.
1410, provided that:
``Nothing in this section or the amendments made this
section [enacting provisions set out as notes under this
section, and amending Pub.L. 112-173, Sec. 2, which is set
out as a note under this section] shall be construed as
affecting the requirement that took effect with respect to
the Senate on July 3, 2012, which mandates the inclusion of
transaction information for spouses and dependent children
for a report under section 103(l) of the Ethics in
Government Act of 1978 (5 U.S.C. App. 103(l)) [this
section].''
Implementation of PTR Requirements under STOCK Act
Pub.L. 112-173, Sec. 2, Aug. 16, 2012, 126 Stat. 1310,
as amended Pub.L. 112-178, Sec. 3(a), Sept. 28, 2012, 126
Stat. 1409, provided that: ``Effective January 1, 2013, for
purposes of implementing subsection (l) of section 103 of
the Ethics in Government Act of 1978 [subsec. (l) of this
section] (as added by section 6 of the STOCK Act, Public Law
112-105), section 102(e) of such Act (5 U.S.C. App. 102(e))
shall apply as if the report under such subsection (l) were
a report under section 101 of such Act (5 U.S.C. App. 101)
but only with respect to the transaction information
required under such subsection (l).''
[Pub.L. 112-178, Sec. 3(b), Sept. 28, 2012, 126 Stat.
1409, provided that:
``(1) Effective date.--The amendments made by subsection
(a) [amending Pub.L. 112-173, Sec. 2, which is set out as a
note under this section] shall take effect on January 1,
2013.
``(2) Rule of construction.--Before January 1, 2013, the
amendments made by subsection (a) [amending Pub.L. 112-173,
Sec. 2, which is set out as a note under this section]
shall not affect the applicability of section 2 of the Act
entitled `An Act to prevent harm to the national security or
endangering the military officers and civilian employees to
whom internet publication of certain information applies,
and for other purposes'', approved August 16, 2012 (5 U.S.C.
App. 103 note), as in effect on the day before the effective
date under paragraph (1) [of this note].'']
Transaction Reporting Requirements
Pub.L. 112-105, Sec. 14, Apr. 4, 2012, 126 Stat. 300,
provided that:
``The transaction reporting requirements established by
section 103(l) of the Ethics in Government Act of 1978, as
added by section 6 of this Act [enacting subsec. (l) of this
section], shall not be construed to apply to a widely held
investment fund (whether such fund is a mutual fund,
regulated investment company, pension or deferred
compensation plan, or other investment fund), if----
``(1)(A) the fund is publicly traded; or
``(B) the assets of the fund are widely
diversified; and
``(2) the reporting individual neither exercises control
over nor has the ability to exercise control over the
financial interests held by the fund.''
1175 Sec. 104. Failure to file or filing false reports.
(a)(1) The Attorney General may bring a civil action in
any appropriate United States district court against any
individual who knowingly and willfully falsifies or who
knowingly and willfully fails to file or report any
information that such individual is required to report
pursuant to section 102. The court in which such action is
brought may assess against such individual a civil penalty
in any amount, not to exceed $50,000.
(2)(A) It shall be unlawful for any person
to knowingly and willfully--
(i) falsify any information that such
person is required to report under section
102; and
(ii) fail to file or report any
information that such person is required to
report under section 102.
(B) Any person who--
(i) violates subparagraph (A)(i) shall
be fined under title 18, United States Code,
imprisoned for not more than 1 year, or
both; and
(ii) violates subparagraph (A)(ii) shall
be fined under title 18, United States Code.
(b) The head of each agency, each Secretary concerned,
the Director of the Office of Government Ethics, each
congressional ethics committee, or the Judicial Conference,
as the case may be, shall refer to the Attorney General the
name of any individual which such official or committee has
reasonable cause to believe has willfully failed to file a
report or has willfully falsified or willfully failed to
file information required to be reported. Whenever the
Judicial Conference refers a name to the Attorney General
under this subsection, the Judicial Conference also shall
notify the judicial council of the circuit in which the
named individual serves of the referral.
(c) The President, the Vice President, the Secretary
concerned, the head of each agency, the Office of Personnel
Management, a congressional ethics committee, and the
Judicial Conference, may take any appropriate personnel or
other action in accordance with applicable law or regulation
against any individual failing to file a report or
falsifying or failing to report information required to be
reported.
(d)(1) Any individual who files a report required to be
filed under this title more than 30 days after the later
of--
(A) the date such report is required to be
filed pursuant to the provisions of this title
and the rules and regulations promulgated
thereunder; or
(B) if a filing extension is granted to such
individual under section 101(g), the last day of
the filing extension period,
shall, at the direction of and pursuant to regulations
issued by the supervising ethics office, pay a filing fee of
$200. All such fees shall be deposited in the miscellaneous
receipts of the Treasury. The authority under this paragraph
to direct the payment of a filing fee may be delegated by
the supervising ethics office in the executive branch to
other agencies in the executive branch.
(2) The supervising ethics office may waive the filing
fee under this subsection in extraordinary circumstances.
(Pub.L. 95-521, Title I, Sec. 104, Oct. 26, 1978, 92 Stat.
1832; Pub.L. 96-19, Sec. 8(a), June 13, 1979, 93 Stat. 41;
Pub.L. 101-194, Title II, Sec. 202, Nov. 30, 1989, 103 Stat.
1737; Pub.L. 101-280, Sec. 3(1), (5), May 4, 1990, 104 Stat.
152, 154; Pub.L. 101-650, Title IV, Sec. 405, Dec. 1, 1990,
104 Stat. 5124; Pub.L. 110-81, Title VII, Sec. 702, Sept.
14, 2007, 121 Stat. 775.)
1176 Sec. 105. Custody of and public access to reports.
(a) Each agency, each supervising ethics office in the
executive or judicial branch, the Clerk of the House of
Representatives, and the Secretary of the Senate shall make
available to the public, in accordance with subsection (b),
each report filed under this title with such agency or
office or with the Clerk or the Secretary of the Senate,
except that--
(1) this section does not require public
availability of a report filed by any individual
in the Office of the Director of National
Intelligence, the Central Intelligence Agency,
the Defense Intelligence Agency, the National
Geospatial-Intelligence Agency, or the National
Security Agency, or any individual engaged in
intelligence activities in any agency of the
United States, if the President finds or has
found that, due to the nature of the office or
position occupied by such individual, public
disclosure of such report would, be\1\ revealing
the identity of the individual or other
sensitive information, compromise the national
interest of the United States; and such
individuals may be authorized, notwithstanding
section 104(a), to file such additional reports
as are necessary to protect their identity from
public disclosure if the President first finds
or has found that such filing is necessary in
the national interest; and
\1\So in original. Probably should be ``by''.
(2) any report filed by an independent
counsel whose identity has not been disclosed by
the division of the court under chapter 40 of
title 28, United States Code, and any report
filed by any person appointed by that
independent counsel under such chapter, shall
not be made available to the public under this
title.
(b)(1) Except as provided in the second sentence of this
subsection, each agency, each supervising ethics office in
the executive or judicial branch, the Clerk of the House of
Representatives, and the Secretary of the Senate shall,
within thirty days after any report is received under this
title by such agency or office or by the Clerk or the
Secretary of the Senate, as the case may be,,\2\ permit
inspection of such report by or furnish a copy of such
report to any person requesting such inspection or copy.
With respect to any report required to be filed by May 15 of
any year, such report shall be made available for public
inspection within 30 calendar days after May 15 of such year
or within 30 days of the date of filing of such a report for
which an extension is granted pursuant to section 101(g).
The agency, office, Clerk, or Secretary of the Senate, as
the case may be\3\ may require a reasonable fee to be paid
in any amount which is found necessary to recover the cost
of reproduction or mailing of such report excluding any
salary of any employee involved in such reproduction or
mailing. A copy of such report may be furnished without
charge or at a reduced charge if it is determined that
waiver or reduction of the fee is in the public interest.
\2\So in original.
\3\So in original. Probably should be followed by a
comma.
(2) Not withstanding paragraph (1), a report may not be
made available under this section to any person nor may any
copy thereof be provided under this section to any person
except upon a written application by such person stating--
(A) that person's name, occupation and
address;
(B) the name and address of any other person
or organization on whose behalf the inspection
or copy is requested; and
(C) that such person is aware of the
prohibitions on the obtaining or use of the
report.
Any such application shall be made available to the public
throughout the period during which the report is made
available to the public.
(3)(A) This section does not require the immediate and
unconditional availability of reports filed by an individual
described in section 109(8) or 109(10) of this Act if a
finding is made by the Judicial Conference, in consultation
with United States Marshals Service, that revealing personal
and sensitive information could endanger that individual or
a family member of that individual.
(B) A report may be redacted pursuant to this paragraph
only--
(i) to the extent necessary to protect the
individual who filed the report or a family
member of that individual; and
(ii) for as long as the danger to such
individual exists.
(C) The Administrative Office of the United States
Courts shall submit to the Committees on the Judiciary of
the House of Representatives and of the Senate and the
Senate Committee on Homeland Security and Governmental
Affairs and the House Committee on Oversight and Government
Reform an annual report with respect to the operation of
this paragraph including--
(i) the total number of reports redacted
pursuant to this paragraph;
(ii) the total number of individuals whose
reports have been redacted pursuant to this
paragraph;
(iii) the types of threats against
individuals whose reports are redacted, if
appropriate;
(iv) the nature or type of information
redacted;
(v) what steps or procedures are in place to
ensure that sufficient information is available
to litigants to determine if there is a conflict
of interest;
(vi) principles used to guide implementation
of redaction authority; and
(vii) any public complaints received
relating to redaction.
(D) The Judicial Conference, in consultation with the
Department of Justice, shall issue regulations setting forth
the circumstances under which redaction is appropriate under
this paragraph and the procedures for redaction.
(E) This paragraph shall expire on December 31, 2017,
and apply to filings through calendar year 2017.
(c)(1) It shall be unlawful for any person to obtain or
use a report--
(A) for any unlawful purpose;
(B) for any commercial purpose, other than
by news and communications media for
dissemination to the general public;
(C) for determining or establishing the
credit rating of any individual; or
(D) for use, directly or indirectly, in the
solicitation of money for any political,
charitable, or other purpose.
(2) The Attorney General may bring a civil action
against any person who obtains or uses a report for any
purpose prohibited in paragraph (1) of this subsection. The
court in which such action is brought may assess against
such person a penalty in any amount not to exceed $10,000.
Such remedy shall be in addition to any other remedy
available under statutory or common law.
(d)(1) Any report filed with or transmitted to an agency
or supervising ethics office or to the Clerk of the House of
Representatives or the Secretary of the Senate pursuant to
this title shall be retained by such agency or office or by
the Clerk of the House of Representatives or the Secretary
of the Senate, as the case may be.
(2) Such report shall be made available to
the public----
(A) in the case of a Member of Congress
until a date that is 6 years from the date
the individual ceases to be a Member of
Congress; and
(B) in the case of all other reports
filed pursuant to this title, for a period
of 6 years after receipt of the report.
(3) After the relevant time period
identified under paragraph (2), the report shall
be destroyed unless needed in an ongoing
investigation, except that in the case of an
individual who filed the report pursuant to
section 101(b) and was not subsequently
confirmed by the Senate, or who filed the report
pursuant to section 101(c) and was not
subsequently elected, such reports shall be
destroyed 1 year after the individual either is
no longer under consideration by the Senate or
is no longer a candidate for nomination or
election to the Office of President, Vice
President, or as a Member of Congress, unless
needed in an ongoing investigation or inquiry.
(Pub.L. 95-521, Title I, Sec. 105, Oct. 26, 1978, 92
Stat. 1833; Pub.L. 101-194, Title II, Sec. 202, Nov. 30,
1989, 103 Stat. 1737; Pub.L. 101-280, Sec. 3(6), May 4,
1990, 104 Stat. 154; Pub.L. 102-90, Title III, Sec. 313(2),
Aug. 14, 1991, 105 Stat. 469; Pub.L. 103-359, Title V,
Sec. 501(m), Oct. 14, 1994, 108 Stat. 3430; Pub.L. 104-201,
Div. A, Title XI, Sec. 1122(b)(2), Sept. 23, 1996, 110 Stat.
2687; Pub.L. 105-318, Sec. 7, Oct. 30, 1998, 112 Stat. 3011;
Pub.L. 107-126, Jan. 16, 2002, 115 Stat. 2404; Pub.L. 108-
136, Sec. 921(g), Nov. 24, 2003, 117 Stat. 1568; Pub.L. 108-
458, Sec. 1079(c), Dec. 17, 2004, 118 Stat. 3695; Pub.L.
110-24, Sec. Sec. 2, 3, May 3, 2007, 121 Stat. 100; Pub.L.
110-177, Title I, Sec. 104, Jan. 7, 2008, 121 Stat. 2535;
Pub.L. 110-417, Div. A, Title IX, Sec. 931(b)(1), Oct. 14,
2008, 122 Stat. 4575; Pub.L. 112-84, Sec. 1, Jan. 3, 2012,
125 Stat. 1870; Pub.L. 112-105, Sec. 8(c), Apr. 4, 2012, 126
Stat. 296.)
NOTES
Modifications of Online Access to Certain Financial
Disclosure Statements and Related Forms
Pub.L. 113-7,Sec. 1, Apr. 15, 2013 provided that:
``(a) Public, online disclosure of financial disclosure
forms.----
(1) In general.--Except with respect to
financial disclosure forms filed by officers and
employees referred to in paragraph (2), section
8(a) and section 11(a) of the STOCK Act (5
U.S.C. App. 105 note) shall not be effective.
(2) Exempted officers and employees.--The
officer and employees referred to in paragraph
(1) are the following:
(A) The President.
(B) The Vice President.
(C) Any Member of Congress.
(D) Any candidate for Congress.
(E) Any officer occupying a position
listed in section 5312 or section 5313 of
title 5, United States Code, having been
nominated by the President and confirmed by
the Senate to that position.
(3) Conforming Amendment.--Section 1 of the
Act entitled ``An Act to change the effective
date for the internet publication of certain
information to prevent harm to the national
security or endangering the military officers
and civilian employees to whom the publication
requirement applies, and for other purposes'' is
repealed.''
Public Filing and Disclosure of Financial Disclosure Forms
of Members of Congress and Congressional Staff
Pub.L. 112-105, Sec. 8(a), (b), Apr. 4, 2012, 126 Stat. 295,
as amended Pub.L. 112-173, Sec. 1(1), Aug. 16, 2012, 126
Stat. 1310, and Pub.L. 113-7, Sec. 1, Apr. 15, 2013, 127
Stat. 438, provided that:
``(a) Public, online disclosure of financial disclosure
forms of Members of Congress and congressional staff.----
``(1) In general.--Not later than September
30, 2012, or 90 days after the date of enactment
of this Act [Apr. 4, 2012], whichever is later,
the Secretary of the Senate and the Sergeant at
Arms of the Senate, and the Clerk of the House
of Representatives, shall ensure that financial
disclosure forms filed by Members of Congress,
candidates for Congress, and employees of
Congress in calendar year 2012 and in subsequent
years pursuant to title I of the Ethics in
Government Act of 1978 [this title] are made
available to the public on the respective
official websites of the Senate and the House of
Representatives not later than 30 days after
such forms are filed.
``(2) Extensions.--Notices of extension for
financial disclosure shall be made available
electronically under this subsection along with
its related disclosure.
``(3) Reporting transactions.--In the case
of a transaction disclosure required by section
103(l) of the Ethics in Government Act of 1978
[subsec. (l) of section 103 of this Appendix],
as added by this Act [Pub.L. 112-105, Apr. 4,
2012, 126 Stat. 291, known as the Stop Trading
on Congressional Knowledge Act of 2012 or the
STOCK Act, such disclosure shall be filed not
later than the date required by that section.
Notices of extension for transaction disclosure
shall be made available electronically under
this subsection along with its related
disclosure.
``(4) Expiration.--The requirements of this
subsection shall expire upon implementation of
the public disclosure system established under
subsection (b).
``(b) Electronic filing and online public availability
of financial disclosure forms of Members of Congress.----
``(1) In general.--Subject to paragraph (6)
and not later than January 1, 2014, the
Secretary of the Senate and the Sergeant at Arms
of the Senate and the Clerk of the House of
Representatives shall develop systems to
enable----
``(A) electronic filing of reports
received by them pursuant to section
103(h)(1)(A) of title I of the Ethics in
Government Act of 1978; and
``(B) public access to----
(i) financial disclosure reports
filed by Members of Congress and
candidates for Congress,
(ii) reports filed by Members of
Congress and candidates for Congress
of a transaction disclosure required
by section 103(l) of the Ethics in
Government Act of 1978, and
(iii) notices of extensions,
amendments, and blind trusts, with
respect to financial disclosure
reports described in clauses (i) and
(ii),
pursuant to title I of the Ethics in Government Act of
1978 (5 U.S.C. App. 101 et seq.), through databases that are
maintained on the official websites of the House of
Representatives and the Senate.''
``(2) Login.-- For purposes of filings under
paragraph (1)(B), section 105(b)(2) of the
Ethics in Government Act of 1978 does not apply.
``(3) Public availability.--Pursuant to
section 105(b)(1) of the Ethics in Government
Act of 1978 [subsec. (b)(1) of this section],
electronic availability on the official websites
of the Senate and the House of Representatives
under paragraph (1)(B), shall be deemed to have
met the public availability requirement.
``(4) Filers covered.--Individuals required
under the Ethics in Government Act of 1978 or
the Senate Rules to file financial disclosure
reports with the Secretary of the Senate or the
Clerk of the House of Representatives shall be
able to file reports electronically using the
systems developed by the Secretary of the
Senate, the Sergeant at Arms of the Senate, and
the Clerk of the House of Representatives.
``(5) Extensions.--Notices of extension for
financial disclosure shall be made available
electronically under paragraph (1)(B) along with
its related disclosure.
``(6) Additional time.--The requirements of
this subsection may be implemented after the
date provided in paragraph (1) if the Secretary
of the Senate or the Clerk of the House of
Representatives identifies in writing to
relevant congressional committees the additional
time needed for such implementation.''
Executive Branch Reporting
Pub.L. 112-105, Sec. 11, Apr. 4, 2012, 126 Stat. 298, as
amended by Pub.L. 112-173, Sec. 1(2), Aug. 16, 2012, 126
Stat. 1310 and Pub.L. 113-7, Sec. 1(b)(2), Apr. 15, 2013,
127 Stat. 439 provided that:
``(a) Executive branch reporting.----
``(1) In general.--Not later than September
30, 2012, or 90 days after the date of enactment
of this Act [Apr. 4, 2012], whichever is later,
the President shall ensure that financial
disclosure forms filed pursuant to title I of
the Ethics in Government Act of 1978 (5 U.S.C.
App. 101 et seq.), in calendar year 2012 and in
subsequent years, by executive branch employees
specified in section 101 of that Act [5 U.S.C.A.
App. 4 Sec. 101] are made available to the
public on the official websites of the
respective executive branch agencies not later
than 30 days after such forms are filed.
``(2) Extensions.--Notices of extension for
financial disclosure shall be made available
electronically along with the related
disclosure.
``(3) Reporting transactions.--In the case
of a transaction disclosure required by section
103(l) of the Ethics in Government Act of 1978,
as added by this Act [5 U.S.C.A. App. 4
Sec. 103(l)], such disclosure shall be filed not
later than the date required by that section.
Notices of extension for transaction disclosure
shall be made available electronically under
this subsection along with its related
disclosure.
``(4) Expiration.--The requirements of this
subsection shall expire upon implementation of
the public disclosure system established under
subsection (b).
``(b) Electronic filing and online public availability
of financial disclosure forms of certain executive branch
officials.----
``(1) In general.--Subject to paragraph (6),
and not later than January 1, 2014, the
President, acting through the Director of the
Office of Government Ethics, shall develop
systems to enable----
``(A) electronic filing of reports
required by section 103 of the Ethics in
Government Act of 1978 (5 U.S.C. App. 103),
other than subsection (h) of such section;
and
``(B) public access to
(i) financial disclosure reports
filed by the President, the Vice
President, and any officer occupying
a position listed in section 5312 or
section 5313 of title 5, United
States Code, having been nominated
by the President and confirmed by
the Senate to that position,
(ii) reports filed by any
individual described in clause (i)
of a transaction disclosure required
by section 103(l) of the Ethics in
Government Act of 1978, and
(iii) notices of extensions,
amendments, and blind trusts, with
respect to financial disclosure
reports described in clauses (i) and
(ii),
pursuant to title I of the Ethics in Government Act of
1978 (5 U.S.C. App. 101 et seq.), through databases that are
maintained on the official website of the Office of
Government Ethics.
``(2) Login.-- For purposes of filings under
paragraph(1)(B), section 105(b)(2) of the Ethics
in Government Act of 1978 (5 U.S.C. App.
105(b)(2)) does not apply.
``(3) Public availability.--Pursuant to
section 105(b)(1) of the Ethics in Government
Act of 1978 (5 U.S.C. App. 105(b)(1)),
electronic availability on the official website
of the Office of Government Ethics under
paragraph (1)(B) shall be deemed to have met the
public availability requirement.
``(4) Filers covered.--Executive branch
employees required under title I of the Ethics
in Government Act of 1978 [this title] to file
financial disclosure reports shall be able to
file the reports electronically with their
supervising ethics office.
``(5) Extensions.--Notices of extension for
financial disclosure shall be made available
electronically under paragraph (1)(B) along with
its related disclosure.
``(6) Additional time.--The requirements of
this subsection may be implemented after the
date provided in paragraph (1) if the Director
of the Office of Government Ethics, after
consultation with the Clerk of the House of
Representatives and Secretary of the Senate,
identifies in writing to relevant congressional
committees the additional time needed for such
implementation.''
1177 Sec. 106. Review of reports.
(a)(1) Each designated agency ethics official or
Secretary concerned shall make provisions to ensure that
each report filed with him under this title is reviewed
within sixty days after the date of such filing, except that
the Director of the Office of Government Ethics shall review
only those reports required to be transmitted to him under
this title within sixty days after the date of transmittal.
(2) Each congressional ethics committee and the Judicial
Conference shall make provisions to ensure that each report
filed under this title is reviewed within sixty days after
the date of such filing.
(b)(1) If after reviewing any report under subsection
(a), the Director of the Office of Government Ethics, the
Secretary concerned, the designated agency ethics official,
a person designated by the congressional ethics committee,
or a person designated by the Judicial Conference, as the
case may be, is of the opinion that on the basis of
information contained in such report the individual
submitting such report is in compliance with applicable laws
and regulations, he shall state such opinion on the report,
and shall sign such report.
(2) If the Director of the Office of Government Ethics,
the Secretary concerned, the designated agency ethics
official, a person designated by the congressional ethics
committee, or a person designated by the Judicial
Conference, after reviewing any report under subsection
(a)--
(A) believes additional information is
required to be submitted, he shall notify the
individual submitting such report what
additional information is required and the time
by which it must be submitted, or
(B) is of the opinion, on the basis of
information submitted, that the individual is
not in compliance with applicable laws and
regulations, he shall notify the individual,
afford a reasonable opportunity for a written or
oral response, and after consideration of such
response, reach an opinion as to whether or not,
on the basis of information submitted, the
individual is in compliance with such laws and
regulations.
(3) If the Director of the Office of Government Ethics,
the Secretary concerned, the designated agency ethics
official, a person designated by a congressional ethics
committee, or a person designated by the Judicial
Conference, reaches an opinion under paragraph (2)(B) that
an individual is not in compliance with applicable laws and
regulations, the official or committee shall notify the
individual of that opinion and, after an opportunity for
personal consultation (if practicable), determine and notify
the individual of which steps, if any, would in the opinion
of such official or committee be appropriate for assuring
compliance with such laws and regulations and the date by
which such steps should be taken. Such steps may include, as
appropriate--
(A) divestiture,
(B) restitution,
(C) the establishment of a blind trust,
(D) request for an exemption under section
208(b) of title 18, United States Code, or
(E) voluntary request for transfer,
reassignment, limitation of duties, or
resignation.
The use of any such steps shall be in accordance with such
rules or regulations as the supervising ethics office may
prescribe.
(4) If steps for assuring compliance with applicable
laws and regulations are not taken by the date set under
paragraph (3) by an individual in a position in the
executive branch (other than in the Foreign Service or the
uniformed services), appointment to which requires the
advice and consent of the Senate, the matter shall be
referred to the President for appropriate action.
(5) If steps for assuring compliance with applicable
laws and regulations are not taken by the date set under
paragraph (3) by a member of the Foreign Service or the
uniformed services, the Secretary concerned shall take
appropriate action.
(6) If steps for assuring compliance with applicable
laws and regulations are not taken by the date set under
paragraph (3) by any other officer or employee, the matter
shall be referred to the head of the appropriate agency, the
congressional ethics committee, or the Judicial Conference,
for appropriate action; except that in the case of the
Postmaster General or Deputy Postmaster General, the
Director of the Office of Government Ethics shall recommend
to the Governors of the Board of Governors of the United
States Postal Service the action to be taken.
(7) Each supervising ethics office may render advisory
opinions interpreting this title within its respective
jurisdiction. Notwithstanding any other provision of law,
the individual to whom a public advisory opinion is rendered
in accordance with this paragraph, and any other individual
covered by this title who is involved in a fact situation
which is indistinguishable in all material aspects, and who
acts in good faith in accordance with the provisions and
findings of such advisory opinion shall not, as a result of
such act, be subject to any penalty or sanction provided by
this title. (Pub.L. 95-521, Title I, Sec. 106, Oct. 26,
1978, 92 Stat. 1833; Pub.L. 101-194, Title II, Sec. 202,
Nov. 30, 1989, 103 Stat. 1739; Pub.L. 101-280, Sec. 3(1),
(7), May 4, 1990, 104 Stat. 152, 155.)
1178 Sec. 107. Confidential reports and other additional
requirements.
(a)(1) Each supervising ethics office may require
officers and employees under its jurisdiction (including
special Government employees as defined in section 202 of
title 18, United States Code) to file confidential financial
disclosure reports, in such form as the supervising ethics
office may prescribe. The information required to be
reported under this subsection by the officers and employees
of any department or agency shall be set forth in rules or
regulations prescribed by the supervising ethics office, and
may be less extensive than otherwise required by this title,
or more extensive when determined by the supervising ethics
office to be necessary and appropriate in light of sections
202 through 209 of title 18, United States Code, regulations
promulgated thereunder, or the authorized activities of such
officers or employees. Any individual required to file a
report pursuant to section 101 shall not be required to file
a confidential report pursuant to this subsection, except
with respect to information which is more extensive than
information otherwise required by this title. Subsections
(a), (b), and (d) of section 105 shall not apply with
respect to any such report.
(2) Any information required to be provided by an
individual under this subsection shall be confidential and
shall not be disclosed to the public.
(3) Nothing in this subsection exempts any individual
otherwise covered by the requirement to file a public
financial disclosure report under this title from such
requirement.
(b) The provisions of this title requiring the reporting
of information shall supersede any general requirement under
any other provision of law or regulation with respect to the
reporting of information required for purposes of preventing
conflicts of interest or apparent conflicts of interest.
Such provisions of this title shall not supersede the
requirements of section 7342 of title 5, United States Code.
(c) Nothing in this Act requiring reporting of
information shall be deemed to authorize the receipt of
income, gifts, or reimbursements; the holding of assets,
liabilities, or positions; or the participation in
transactions that are prohibited by law, Executive order,
rule, or regulation. (Pub.L. 95-521, Title I, Sec. 107, Oct.
26, 1978, 92 Stat. 1834; Pub.L. 96-19, Sec. 9(d), (g), June
13, 1979, 93 Stat. 42, 43; Pub.L. 101-194, Title II,
Sec. 202 Nov. 30, 1989, 103 Stat. 1740.)
1179 Sec. 108. Authority of Comptroller General.
(a) The Comptroller General shall have access to
financial disclosure reports filed under this title for the
purposes of carrying out his statutory responsibilities.
(b) No later than December 31, 1992, and regularly
thereafter, the Comptroller General shall conduct a study to
determine whether the provisions of this title are being
carried out effectively. (Pub.L. 95-521, Title I, Sec. 108,
Oct. 26, 1978, 92 Stat. 1835; Pub.L. 96-19, Sec. 9(t), June
13, 1979, 93 Stat. 44; Pub.L. 101-194, Title II, Sec. 202,
Nov. 30, 1989, 103 Stat. 1741.)
1180 Sec. 109. Definitions.
For the purposes of this title, the term--
(1) ``congressional ethics committees''
means the Select Committee on Ethics of the
Senate and the Committee on Standards of
Official Conduct of the House of
Representatives;
(2) ``dependent child'' means, when used
with respect to any reporting individual, any
individual who is a son, daughter, stepson, or
stepdaughter and who--
(A) is unmarried and under age 21 and is
living in the household of such reporting
individual; or
(B) is a dependent of such reporting
individual within the meaning of section 152
of the Internal Revenue Code of 1986;
(3) ``designated agency ethics official''
means an officer or employee who is designated
to administer the provisions of this title
within an agency;
(4) ``executive branch'' includes each
Executive agency (as defined in section 105 of
title 5, United States Code), other than the
Government Accountability Office, and any other
entity or administrative unit in the executive
branch;
(5) ``gift'' means a payment, advance,
forbearance, rendering, or deposit of money, or
any thing of value, unless consideration of
equal or greater value is received by the donor,
but does not include--
(A) bequest and other forms of
inheritance;
(B) suitable mementos of a function
honoring the reporting individual;
(C) food, lodging, transportation, and
entertainment provided by a foreign
government within a foreign country or by
the United States Government, the District
of Columbia, or a State or local government
or political subdivision thereof;
(D) food and beverages which are not
consumed in connection with a gift of
overnight lodging;
(E) communications to the offices of a
reporting individual, including
subscriptions to newspapers and periodicals;
or
(F) consumable products provided by
home-State businesses to the offices of a
reporting individual who is an elected
official, if those products are intended for
consumption by persons other than such
reporting individual;
(6) ``honoraria'' has the meaning given such
term in section 505 of this Act;
(7) ``income'' means all income from
whatever source derived, including but not
limited to the following items: compensation for
services, including fees, commissions, and
similar items; gross income derived from
business (and net income if the individual
elects to include it); gains derived from
dealings in property; interest; rents;
royalties; dividends; annuities; income from
life insurance and endowment contracts;
pensions; income from discharge of indebtedness;
distributive share of partnership income; and
income from an interest in an estate or trust;
(8) ``judicial employee'' means any employee
of the judicial branch of the Government, of the
United States Sentencing Commission, of the Tax
Court, of the Court of Federal Claims, of the
Court of Appeals for Veterans Claims, or of the
United States Court of Appeals for the Armed
Forces, who is not a judicial officer and who is
authorized to perform adjudicatory functions
with respect to proceedings in the judicial
branch, or who occupies a position for which the
rate of basic pay is equal to or greater than
120 percent of the minimum rate of basic pay
payable for GS-15 of the General Schedule;
(9) ``Judicial Conference'' means the
Judicial Conference of the United States;
(10) ``judicial officer'' means the Chief
Justice of the United States, the Associate
Justices of the Supreme Court, and the judges of
the United States courts of appeals, United
States district courts, including the district
courts in Guam, the Northern Mariana Islands,
and the Virgin Islands, Court of Appeals for the
Federal Circuit, Court of International Trade,
Tax Court, Court of Federal Claims, Court of
Appeals for Veterans Claims, United States Court
of Appeals for the Armed Forces, and any court
created by Act of Congress, the judges of which
are entitled to hold office during good
behavior;
(11) ``legislative branch'' includes--
(A) the Architect of the Capitol;
(B) the Botanic Gardens;
(C) the Congressional Budget Office;
(D) the Government Accountability
Office;
(E) the Government Printing Office;
(F) the Library of Congress;
(G) the United States Capitol Police;
(H) the Office of Technology Assessment;
and
(I) any other agency, entity, office, or
commission established in the legislative
branch;
(12) ``Member of Congress'' means a United
States Senator, a Representative in Congress, a
Delegate to Congress, or the Resident
Commissioner from Puerto Rico;
(13) ``officer or employee of the Congress''
means--
(A) any individual described under
subparagraph (B), other than a Member of
Congress or the Vice President, whose
compensation is disbursed by the Secretary
of the Senate or the Chief Administrative
Officer of the House of Representatives;
(B)(i) each officer or employee of the
legislative branch (except any officer or
employee of the Government Accountability
Office) who, for at least 60 days, occupies
a position for which the rate of basic pay
is equal to or greater than 120 percent of
the minimum rate of basic pay payable for
GS-15 of the General Schedule; and
(ii) each officer or employee of the
Government Accountability Office who, for at
least 60 consecutive days, occupies a
position for which the rate of basic pay,
minus the amount of locality pay that would
have been authorized under section 5304 of
title 5, United States Code (had the officer
or employee been paid under the General
Schedule) for the locality within which the
position of such officer or employee is
located (as determined by the Comptroller
General), is equal to or greater than 120
percent of the minimum rate of basic pay
payable for GS-15 of the General Schedule;
and
(iii) at least one principal assistant
designated for purposes of this paragraph by
each Member who does not have an employee
who occupies a position for which the rate
of basic pay is equal to or greater than 120
percent of the minimum rate of basic pay
payable for GS-15 of the General Schedule;
(14) ``personal hospitality of any
individual'' means hospitality extended for a
nonbusiness purpose by an individual, not a
corporation or organization, at the personal
residence of that individual or his family or on
property or facilities owned by that individual
or his family;
(15) ``reimbursement'' means any payment or
other thing of value received by the reporting
individual, other than gifts, to cover travel-
related expenses of such individual other than
those which are--
(A) provided by the United States
Government, the District of Columbia, or a
State or local government or political
subdivision thereof;
(B) required to be reported by the
reporting individual under section 7342 of
title 5, United States Code; or
(C) required to be reported under
section 304 of the Federal Election Campaign
Act of 1971 (2 U.S.C. 434);
(16) ``relative'' means an individual who is
related to the reporting individual, as father,
mother, son, daughter, brother, sister, uncle,
aunt, great aunt, great uncle, first cousin,
nephew, niece, husband, wife, grandfather,
grandmother, grandson, granddaughter, father-in-
law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law, stepfather,
stepmother, stepson, stepdaughter, stepbrother,
stepsister, half brother, half sister, or who is
the grandfather or grandmother of the spouse of
the reporting individual, and shall be deemed to
include the fiance or fiancee of the reporting
individual;
(17) ``Secretary concerned'' has the meaning
set forth in section 101(a)(9) of title 10,
United States Code, and, in addition, means--
(A) the Secretary of Commerce, with
respect to matters concerning the National
Oceanic and Atmospheric Administration;
(B) the Secretary of Health and Human
Services, with respect to matters concerning
the Public Health Service; and
(C) the Secretary of State, with respect
to matters concerning the Foreign Service;
(18) ``supervising ethics office'' means--
(A) the Select Committee on Ethics of
the Senate, for Senators, officers and
employees of the Senate, and other officers
or employees of the legislative branch
required to file financial disclosure
reports with the Secretary of the Senate
pursuant to section 103(h) of this title;
(B) the Committee on Standards of
Official Conduct of the House of
Representatives, for Members, officers and
employees of the House of Representatives
and other officers or employees of the
legislative branch required to file
financial disclosure reports with the Clerk
of the House of Representatives pursuant to
section 103(h) of this title;
(C) the Judicial Conference for judicial
officers and judicial employees; and
(D) the Office of Government Ethics for
all executive branch officers and employees;
and
(19) ``value'' means a good faith estimate
of the dollar value if the exact value is
neither known nor easily obtainable by the
reporting individual. (Pub.L. 95-521, Title I,
Sec. 109, Oct. 26, 1978, 92 Stat. 1836; Pub.L.
101-194, Title II, Sec. 202, Nov. 30, 1989, 103
Stat. 1724; Pub.L. 101-280, Sec. 3(1), (8), May
4, 1990, 104 Stat. 152, 155; Pub.L. 102-378,
Sec. 4(a)(2), Oct. 2, 1992, 106 Stat. 1357;
Pub.L. 102-572, Title IX, Sec. 902(b)(2), Oct.
29, 1992, 106 Stat. 4516; Pub.L. 103-160, Div.
A, Title XI, Sec. 1182(d)(3), Nov. 30, 1993, 107
Stat. 1773; Pub.L. 103-337, Div. A, Title IX,
Sec. 924(d)(3), Oct. 5, 1994, 108 Stat. 2832;
Pub.L. 104-186, Title II, Sec. 216(2), Aug. 20,
1996, 110 Stat. 1747; Pub.L. 105-368, Nov. 11,
1998, 112 Stat. 3342; Pub.L. 108-271, Sec. 8(b),
July 7, 2004, 118 Stat. 814; Pub.L. 110-323,
Sec. 7, Sept. 22, 2008, 122 Stat. 3547.)
1181 Sec. 110. Notice of actions taken to comply with ethics
agreements.
(a) In any case in which an individual agrees with that
individual's designated agency ethics official, the Office
of Government Ethics, a Senate confirmation committee, a
congressional ethics committee, or the Judicial Conference,
to take any action to comply with this Act or any other law
or regulation governing conflicts of interest of, or
establishing standards of conduct applicable with respect
to, officers or employees of the Government, that individual
shall notify in writing the designated agency ethics
official, the Office of Government Ethics, the appropriate
committee of the Senate, the congressional ethics committee,
or the Judicial Conference, as the case may be, of any
action taken by the individual pursuant to that agreement.
Such notification shall be made not later than the date
specified in the agreement by which action by the individual
must be taken, or not later than three months after the date
of the agreement, if no date for action is so specified.
(b) If an agreement described in subsection (a) requires
that the individual recuse himself or herself from
particular categories of agency or other official action,
the individual shall reduce to writing those subjects
regarding which the recusal agreement will apply and the
process by which it will be determined whether the
individual must recuse himself or herself in a specific
instance. An individual shall be considered to have complied
with the requirements of subsection (a) with respect to such
recusal agreement if such individual files a copy of the
document setting forth the information described in the
preceding sentence with such individual's designated agency
ethics official or the appropriate supervising ethics office
within the time prescribed in the last sentence of
subsection (a). (Pub.L. 101-194, Title II, Sec. 202, Nov.
30, 1989, 103 Stat. 1744, amended Pub.L. 101-280, Sec. 3(1),
May 4, 1990, 104 Stat. 152.)
1182 Sec. 111. Administration of provisions.
The provisions of this title shall be administered by--
(1) The Director of the Office of Government
Ethics, the designated agency ethics official,
or the Secretary concerned, as appropriate, with
regard to officers and employees described in
paragraphs (1) through (8) of section 101(f);
(2) the Select Committee on Ethics of the
Senate and the Committee on Standards of
Official Conduct of the House of
Representatives, as appropriate, with regard to
officers and employees described in paragraphs
(9) and (10) of section 101(f); and
(3) the Judicial Conference in the case of
an officer or employee described in paragraphs
(11) and (12) of section 101(f).
The Judicial Conference may delegate any authority it has
under this title to an ethics committee established by the
Judicial Conference. (Pub.L. 95-521, Title I, Sec. 111, as
added Pub.L. 101-194, Title II, Sec. 202, Nov. 30, 1989, 103
Stat. 1744, amended Pub.L. 101-280, Sec. 3(1), (9), May 4,
1990, 104 Stat. 152, 157.)
1183 Sec. 112. Repealed (Pub.L. 101-280, Sec. 3(10)(A), May 4,
1990, 104 Stat. 157).
Title V.--Government-wide Limitations on Outside Earned
Income and Employment
1184 Sec. 501. Outside earned income limitation.
(a) Outside earned income limitation--
(1) Except as provided by paragraph (2), a
Member or an officer or employee who is a
noncareer officer or employee and who occupies a
position classified above GS-15 of the General
Schedule, or in the case of positions not under
the General Schedule, for which the rate of work
pay is equal to or greater than 120 percent of
the minimum rate of basic pay payable for GS-15
of the General Schedule, may not in any calendar
year have outside earned income attributable to
such calendar year which exceeds 15 percent of
the annual rate of basic pay for level II of the
Executive Schedule under section 5313 of title
5, United States Code, as of January 1 of such
calendar year.
(2) In the case of any individual who during
a calendar year becomes a Member or an officer
or employee who is a noncareer officer or
employee and who occupies a position classified
above GS-15 of the General Schedule, or in the
case of positions not under the General
Schedule, for which the rate of work pay is
equal to or greater than 120 percent of the
minimum rate of basic pay payable for GS-15 of
the General Schedule, such individual may not
have outside earned income attributable to the
portion of that calendar year which occurs after
such individual becomes a Member or such an
officer or employee which exceeds 15 percent of
the annual rate of basic pay for level II of the
Executive Schedule under section 5313 of title
5, United States Code, as of January 1 of such
calendar year multiplied by a fraction the
numerator of which is the number of days such
individual is a Member or such officer or
employee during such calendar year and the
denominator of which is 365.
(b) Honoraria prohibition.--An individual may not
receive any honorarium while that individual is a Member,
officer or employee.
(c) Treatment of charitable contributions.--Any
honorarium which, except for subsection (b), might be paid
to a Member, officer or employee, but which is paid instead
on behalf of such Member, officer or employee to a
charitable organization, shall be deemed not to be received
by such Member, officer or employee. No such payment shall
exceed $2,000 or be made to a charitable organization from
which such individual or a parent, sibling, spouse, child,
or dependent relative of such individual derives any
financial benefit. (Pub.L. 95-521, Title V, Oct. 26, 1978,
92 Stat. 1864, as amended Pub.L. 101-194, Title VI
Sec. 601(a), Nov. 30, 1989, 103 Stat. 1760; Pub.L. 101-280,
Sec. 7(a), May 4, 1990, 104 Stat. 161; Pub.L. 102-378,
Sec. 4(b)(1), (2), Oct. 2, 1992, 106 Stat. 1357.)
1185 Sec. 502. Limitations on outside employment.
(a) Limitations.--A Member or an officer or employee who
is a noncareer officer or employee and who occupies a
position classified above GS-15 of the General Schedule, or
in the case of positions not under the General Schedule, for
which the rate of basic pay is equal to or greater than 120
percent of the minimum rate of basic pay payable for GS-15
of the General Schedule, shall not--
(1) receive compensation for affiliating
with or being employed by a firm, partnership,
association, corporation, or other entity which
provides professional services involving a
fiduciary relationship;
(2) permit that Member's, officer's or
employee's name to be used by any such firm,
partnership, association, corporation, or other
entity;
(3) receive compensation for practicing a
profession which involves a fiduciary
relationship;
(4) serve for compensation as an officer or
member of the board of any association,
corporation, or other entity; or
(5) receive compensation for teaching,
without the prior notification and approval of
the appropriate entity referred to in section
503.
(b) Teaching compensation of justices and judges retired
from regular active service.--For purposes of the limitation
under section 501(a), any compensation for teaching approved
under subsection (a)(5) of this section shall not be treated
as outside earned income--
(1) when received by a justice of the United
States retired from regular active service under
section 371(b) of title 28, United States Code;
(2) when received by a judge of the United
States retired from regular active service under
section 371(b) of title 28, United States Code,
for teaching performed during any calendar year
for which such judge has met the requirements of
subsection (f) of section 371 of title 28,
United States Code, as certified in accordance
with such subsection; or
(3) when received by a justice or judge of
the United States retired from regular active
service under section 372(a) of title 28, United
States Code.
(Pub.L. 95-521, Title V, Oct. 26, 1978, 92 Stat. 1864, as
amended Pub.L. 101-194, Title VI Sec. 601(a), Nov. 30, 1989,
103 Stat. 1760; Pub.L. 101-280, Sec. 7(a)(1),(b), May 4,
1990, 104 Stat. 161; Pub.L. 101-650, Title III, Sec. 319,
Dec. 1, 1990, 104 Stat. 5117; Pub.L. 102-198, Sec. 6, Dec.
9, 1991, 105 Stat. 1624; Pub.L. 102-378, Sec. 4(b) (1), (2),
Oct. 2, 1992, 106 Stat. 1357.)
1186 Sec. 503. Administration.
This title shall be subject to the rules and regulations
of--
(1) and administered by--
(A) the Committee on Standards of
Official Conduct of the House of
Representatives, with respect to Members,
officers, and employees of the House of
Representatives; and
(B) in the case of Senators and
legislative branch officers and employees
other than those officers and employees
specified in subparagraph (A), the committee
to which reports filed by such officers and
employees under title I are transmitted
under such title, except that the authority
of this section may be delegated by such
committee with respect to such officer and
employees;
(2) the Office of Government Ethics and
administered by designated agency ethics
officials with respect to officers and employees
of the executive branch; and
(3) and administered by the Judicial
Conference of the United States (or such other
agency as it may designate) with respect to
officers and employees of the judicial branch.
(Pub.L. 95-521, Title V, Oct. 26, 1978, 92 Stat.
1864, as amended Pub.L. 101-194, Title VI,
Sec. 601(a), Nov. 30, 1989, 103 Stat. 1761;
Pub.L. 101-280, Sec. 7(c), May 4, 1990, 104
Stat. 161; Pub.L. 102-90, Title I, Sec. 6(b)(1),
Aug. 14, 1991, 105 Stat. 450.)
1187 Sec. 504. Civil penalties.
(a) Civil action.--The Attorney General may bring a
civil action in any appropriate United States district court
against any individual who violates any provision of section
501 or 502. The court in which such action is brought may
assess against such individual a civil penalty of not more
than $10,000 or the amount of compensation, if any, which
the individual received for the prohibited conduct,
whichever is greater.
(b) Advisory opinions.--Any entity described in section
503 may render advisory opinions interpreting this title, in
writing, to individuals covered by this title. Any
individual to whom such an advisory opinion is rendered and
any other individual covered by this title who is involved
in a fact situation which is indistinguishable in all
material aspects, and who, after the issuance of such
advisory opinion, acts in good faith in accordance with its
provisions and findings shall not, as a result of such
actions, be subject to any sanction under subsection (a).
(Pub.L. 95-521, Title V, Oct. 26, 1978, 92 Stat. 1864, as
amended Pub.L. 101-194, Title VI, Sec. 601(a), Nov. 30,
1989, 103 Stat. 1761.)
1188 Sec. 505. Definitions.
For purposes of this title:
(1) The term ``Member'' means a Senator in,
a Representative in, or a Delegate or Resident
Commissioner to, the Congress.
(2) The term ``officer or employee'' means
an officer or employee of the Government except
any special Government employee (as defined in
section 202 of title 18, United States Code).
(3) The term ``honorarium'' means a payment
of money or anything of value for an appearance,
speech or article (including a series of
appearances, speeches, or articles if the
subject matter is directly related to the
individual's official duties or the payment is
made because of the individual's status with the
Government) by a Member, officer or employee,
excluding any actual and necessary travel
expenses incurred by such individual (and one
relative) to the extent that such expenses are
paid or reimbursed by any other person, and the
amount otherwise determined shall be reduced by
the amount of any such expenses to the extent
that such expenses are not paid or reimbursed.
(4) The term ``travel expenses'' means, with
respect to a Member, officer or employee, or a
relative of any such individual, the cost of
transportation, and the cost of lodging and
meals while away from his or her residence or
principal place of employment.
(5) The term ``charitable organization''
means an organization described in section
170(c) of the Internal Revenue Code of 1986.
(Pub.L. 95-521, Title V, Oct. 26, 1978, 92 Stat.
1864, as amended Pub.L. 101-194, Title VI,
Sec. 601(a), Nov. 30, 1989, 103 Stat. 1761;
Pub.L. 102-90, Title I, Sec. 6(b)(2), (3), Title
III, Sec. 314(b), Aug. 14, 1991, 105 Stat. 450,
469.)
7 u.s.c.--agriculture
general and permanent laws relating to the senate
TITLE 7.--AGRICULTURE
Chapter 1.--COMMODITY EXCHANGES
* * * * * * *
1195 Sec. 6c. Prohibited transactions
(a) In general
(1) Prohibition
It shall be unlawful for any person to offer
to enter into, enter into, or confirm the
execution of a transaction described in
paragraph (2) involving the purchase or sale of
any commodity for future delivery (or any option
on such a transaction or option on a commodity)
or swap if the transaction is used or may be
used to----
(A) hedge any transaction in interstate
commerce in the commodity or the product or
byproduct of the commodity;
(B) determine the price basis of any
such transaction in interstate commerce in
the commodity; or
(C) deliver any such commodity sold,
shipped, or received in interstate commerce
for the execution of the transaction.
(2) Transaction
A transaction referred to in paragraph (1)
is a transaction that----
(A)(i) is, of the character of, or is
commonly known to the trade as, a ``wash
sale'' or ``accommodation trade''; or
(ii) is a fictitious sale; or
(B) is used to cause any price to be
reported, registered, or recorded that is
not a true and bona fide price.
(3) Contract of sale
It shall be unlawful for any employee or
agent of any department or agency of the Federal
Government or any Member of Congress or employee
of Congress (as such terms are defined under
section 2 of the STOCK Act) or any judicial
officer or judicial employee (as such terms are
defined, respectively, under section 2 of the
STOCK Act) who, by virtue of the employment or
position of the Member, officer, employee or
agent, acquires information that may affect or
tend to affect the price of any commodity in
interstate commerce, or for future delivery, or
any swap, and which information has not been
disseminated by the department or agency of the
Federal Government holding or creating the
information or by Congress or by the judiciary
in a manner which makes it generally available
to the trading public, or disclosed in a
criminal, civil, or administrative hearing, or
in a congressional, administrative, or
Government Accountability Office report,
hearing, audit, or investigation, to use the
information in his personal capacity and for
personal gain to enter into, or offer to enter
into----
(A) a contract of sale of a commodity
for future delivery (or option on such a
contract);
(B) an option (other than an option
executed or traded on a national securities
exchange registered pursuant to section
78f(a) of Title 15; or
(C) a swap.
(4) Nonpublic information
(A) Imparting of nonpublic information
It shall be unlawful for any employee or
agent of any department or agency of the
Federal Government or any Member of Congress
or employee of Congress or any judicial
officer or judicial employee who, by virtue
of the employment or position of the Member,
officer, employee or agent, acquires
information that may affect or tend to
affect the price of any commodity in
interstate commerce, or for future delivery,
or any swap, and which information has not
been disseminated by the department or
agency of the Federal Government holding or
creating the information or by Congress or
by the judiciary in a manner which makes it
generally available to the trading public,
or disclosed in a criminal, civil, or
administrative hearing, or in a
congressional, administrative, or Government
Accountability Office report, hearing,
audit, or investigation, to impart the
information in his personal capacity and for
personal gain with intent to assist another
person, directly or indirectly, to use the
information to enter into, or offer to enter
into----
(i) a contract of sale of a
commodity for future delivery (or
option on such a contract);
(ii) an option (other than an
option executed or traded on a
national securities exchange
registered pursuant to section
78f(a) of Title 15; or
(iii) a swap.
(B) Knowing use
It shall be unlawful for any person who
receives information imparted by any
employee or agent of any department or
agency of the Federal Government or any
Member of Congress or employee of Congress
or any judicial officer or judicial employee
as described in subparagraph (A) to
knowingly use such information to enter
into, or offer to enter into----
(i) a contract of sale of a
commodity for future delivery (or
option on such a contract);
(ii) an option (other than an
option executed or traded on a
national securities exchange
registered pursuant to section
78f(a) of Title 15; or
(iii) a swap.
(C) Theft of nonpublic information
It shall be unlawful for any person to
steal, convert, or misappropriate, by any
means whatsoever, information held or
created by any department or agency of the
Federal Government or by Congress or by the
judiciary that may affect or tend to affect
the price of any commodity in interstate
commerce, or for future delivery, or any
swap, where such person knows, or acts in
reckless disregard of the fact, that such
information has not been disseminated by the
department or agency of the Federal
Government holding or creating the
information or by Congress or by the
judiciary in a manner which makes it
generally available to the trading public,
or disclosed in a criminal, civil, or
administrative hearing, or in a
congressional, administrative, or Government
Accountability Office report, hearing,
audit, or investigation, and to use such
information, or to impart such information
with the intent to assist another person,
directly or indirectly, to use such
information to enter into, or offer to enter
into----
(i) a contract of sale of a
commodity for future delivery (or
option on such a contract);
(ii) an option (other than an
option executed or traded on a
national securities exchange
registered pursuant to section
78f(a) of Title 15; or
(iii) a swap, provided, however,
that nothing in this subparagraph
shall preclude a person that has
provided information concerning, or
generated by, the person, its
operations or activities, to any
employee or agent of any department
or agency of the Federal Government,
to Congress, any Member of Congress,
any employee of Congress, any
judicial officer, or any judicial
employee, voluntarily or as required
by law, from using such information
to enter into, or offer to enter
into, a contract of sale, option, or
swap described in clauses\1\ (i),
(ii), or (iii).
\1\So in original. Probably should be ``clause''.
(5) Disruptive practices
It shall be unlawful for any person to
engage in any trading, practice, or conduct on
or subject to the rules of a registered entity
that----
(A) violates bids or offers;
(B) demonstrates intentional or reckless
disregard for the orderly execution of
transactions during the closing period; or
(C) is, is of the character of, or is
commonly known to the trade as, ``spoofing''
(bidding or offering with the intent to
cancel the bid or offer before execution).
(6) Rulemaking authority
The Commission may make and promulgate such
rules and regulations as, in the judgment of the
Commission, are reasonably necessary to prohibit
the trading practices described in paragraph (5)
and any other trading practice that is
disruptive of fair and equitable trading.
(7) Use of swaps to defraud
It shall be unlawful for any person to enter
into a swap knowing, or acting in reckless
disregard of the fact, that its counterparty
will use the swap as part of a device, scheme,
or artifice to defraud any third party.
(b) Regulated option trading
No person shall offer to enter into, enter into or
confirm the execution of, any transaction involving any
commodity regulated under this chapter which is of the
character of, or is commonly known to the trade as, an
``option'', ``privilege'', ``indemnity'', ``bid'',
``offer'', ``put'', ``call'', ``advance guaranty'', or
``decline guaranty'', contrary to any rule, regulation, or
order of the Commission prohibiting any such transaction or
allowing any such transaction under such terms and
conditions as the Commission shall prescribe. Any such
order, rule, or regulation may be made only after notice and
opportunity for hearing, and the Commission may set
different terms and conditions for different markets.
(c) Regulations for elimination of pilot status of commodity
option transactions; terms and conditions of options
trading
Not later than 90 days after November 10, 1986, the
Commission shall issue regulations----
(1) to eliminate the pilot status of its
program for commodity option transactions
involving the trading of options on contract
markets, including any numerical restrictions on
the number of commodities or option contracts
for which a contract market may be designated;
and
(2) otherwise to continue to permit the
trading of such commodity options under such
terms and conditions that the Commission from
time to time may prescribe.
(d) Dealer options exempt from subsections (b) and (c)
prohibitions; requirements
Notwithstanding the provisions of subsection (c) of this
section----
(1) any person domiciled in the United
States who on May 1, 1978, was in the business
of granting an option on a physical commodity,
other than a commodity specifically set forth in
section 2(a) of this title prior to October 23,
1974, and was in the business of buying,
selling, producing, or otherwise using that
commodity, may continue to grant or issue
options on that commodity in accordance with
Commission regulations in effect on August 17,
1978, until thirty days after the effective date
of regulations issued by the Commission under
clause (2) of this subsection: Provided, That if
such person files an application for
registration under the regulations issued under
clause (2) of this subsection within thirty days
after the effective date of such regulations,
that person may continue to grant or issue
options pending a final determination by the
Commission on the application; and
(2) the Commission shall issue regulations
that permit grantors and futures commission
merchants to offer to enter into, enter into, or
confirm the execution of, any commodity option
transaction on a physical commodity subject to
the provisions of subsection (b) of this
section, other than a commodity specifically set
forth in section 2(a) of this title prior to
October 23, 1974, if----
(A) the grantor is a person domiciled in
the United States who----
(i) is in the business of
buying, selling, producing, or
otherwise using the underlying
commodity;
(ii) at all times has a net
worth of at least $5,000,000
certified annually by an independent
public accountant using generally
accepted accounting principles;
(iii) notifies the Commission
and every futures commission
merchant offering the grantor's
option if the grantor knows or has
reason to believe that the grantor's
net worth has fallen below
$5,000,000;
(iv) segregates daily,
exclusively for the benefit of
purchasers, money, exempted
securities (within the meaning of
section 78c(a)(12) of Title 15),
commercial paper, bankers'
acceptances, commercial bills, or
unencumbered warehouse receipts,
equal to an amount by which the
value of each transaction exceeds
the amount received or to be
received by the grantor for such
transaction;
(v) provides an identification
number for each transaction; and
(vi) provides confirmation of
all orders for such transactions
executed, including the execution
price and a transaction
identification number;
(B) the futures commission merchant is a
person who----
(i) has evidence that the
grantor meets the requirements
specified in subclause (A) of this
clause;
(ii) treats and deals with all
money, securities, or property
received from its customers as
payment of the purchase price in
connection with such transactions,
as belonging to such customers until
the expiration of the term of the
option, or, if the customer
exercises the option, until all
rights of the customer under the
commodity option transaction have
been fulfilled;
(iii) records each transaction
in its customer's name by the
transaction identification number
provided by the grantor;
(iv) provides a disclosure
statement to its customers, under
regulations of the Commission, that
discloses, among other things, all
costs, including any markups or
commissions involved in such
transaction; and
(C) the grantor and futures commission
merchant comply with any additional uniform
and reasonable terms and conditions the
Commission may prescribe, including
registration with the Commission.
The Commission may permit persons not
domiciled in the United States to grant
options under this subsection, other than
options on a commodity specifically set
forth in section 2(a) of this title prior to
October 23, 1974, under such additional
rules, regulations, and orders as the
Commission may adopt to provide protection
to purchasers that are substantially the
equivalent of those applicable to grantors
domiciled in the United States. The
Commission may terminate the right of any
person to grant, offer, or sell options
under this subsection only after a hearing,
including a finding that the continuation of
such right is contrary to the public
interest: Provided, That pending the
completion of such termination proceedings,
the Commission may suspend the right to
grant, offer, or sell options of any person
whose activities in the Commission's
judgment present a substantial risk to the
public interest.
(e) Rules and regulations
The Commission may adopt rules and regulations, after
public notice and opportunity for a hearing on the record,
prohibiting the granting, issuance, or sale of options
permitted under subsection (d) of this section if the
Commission determines that such options are contrary to the
public interest.
(f) Nonapplicability to foreign currency options
Nothing in this chapter shall be deemed to govern or in
any way be applicable to any transaction in an option on
foreign currency traded on a national securities exchange.
(g) Oral orders
The Commission shall adopt rules requiring that a
contemporaneous written record be made, as practicable, of
all orders for execution on the floor or subject to the
rules of each contract market or derivatives transaction
execution facility placed by a member of the contract market
or derivatives transaction execution facility who is present
on the floor at the time such order is placed. (Sept. 21,
1922, c. 369, Sec. 4c, as added June 15, 1936, c. 545,
Sec. 5, 49 Stat. 1494; amended Oct. 23, 1974, Pub.L. 93-463,
Title I, Sec. 103(a), Title IV, Sec. 402, 88 Stat. 1392,
1412; Sept. 30, 1978, Pub.L. 95-405, Sec. 3, 92 Stat. 867;
Jan. 11, 1983, Pub.L. 97-444, Title I, Sec. 102, Title II,
Sec. 206, 96 Stat. 2296, 2301; Nov. 10, 1986, Pub.L. 99-641,
Title I, Sec. 102, 100 Stat. 3557; Oct. 28, 1992, Pub.L.
102-546, Title II, Sec. 203(a), Title IV, Sec. 402(4), 106
Stat. 3600, 3624; Dec. 21, 2000, Pub.L. 106-554,
Sec. 1(a)(5) [Title I, Sec. Sec. 109, 123(a)(6)], 114 Stat.
2763, 2763A-383, 2763A-407; Pub.L. 111-203, Title VII,
Sec. Sec. 741(b)(2), 746, 747, July 21, 2010, 124 Stat.
1731, 1737, 1739; Pub.L. 112-105, Sec. 5, Apr. 4, 2012, 126
Stat. 293.)
10 u.s.c.--armed forces
general and permanent laws relating to the senate
TITLE 10.--ARMED FORCES
Chapter 2.--DEPARTMENT OF DEFENSE
* * * * * * *
1200 Sec. 114. Annual authorization of appropriations.
(a) No funds may be appropriated for any fiscal year to
or for the use of any armed force or obligated or expended
for--
(1) procurement of aircraft, missiles, or
naval vessels;
(2) any research, development, test, or
evaluation, or procurement or production related
thereto;
(3) procurement of tracked combat vehicles;
(4) procurement of other weapons;
(5) procurement of naval torpedoes and
related support equipment;
(6) military construction;
(7) the operation and maintenance of any
armed force or of the activities and agencies of
the Department of Defense (other than the
military departments);
(8) procurement of ammunition; or
(9) other procurement by any armed force or
by the activities and agencies of the Department
of Defense (other than the military
departments);
unless funds therefor have been specifically authorized by
law.
(b) In subsection (a)(6), the term ``military
construction'' includes any construction, development,
conversion, or extension of any kind which is carried out
with respect to any military facility or installation
(including any Government-owned or Government-leased
industrial facility used for the production of defense
articles and any facility to which section 2353 of this
title applies), any activity to which section 2807 of this
title applies, any activity to which chapter 1803 of this
title applies, and advances to the Secretary of
Transportation for the construction of defense access roads
under section 210 of title 23. Such term does not include
any activity to which section 2821 or 2854 of this title
applies.
(c)(1) The size of the Special Defense Acquisition Fund
established pursuant to chapter 5 of the Arms Export Control
Act (22 U.S.C. 2795 et seq.) may not exceed $1,070,000,000.
(2) Notwithstanding section 37(a) of the Arms Export
Control Act (22 U.S.C. 2777(a)), amounts received by the
United States pursuant to subparagraph (A) of section
21(a)(1) of that Act (22 U.S.C. 2761(a)(1)--
(A) shall be credited to the Special Defense
Acquisition Fund established pursuant to chapter
5 of that Act (22 U.S.C. 2795 et seq.), as
authorized by section 51(b)(1) of that Act (22
U.S.C. 2795(b)(1)), but subject to the
limitation in paragraph (1) and other applicable
law; and
(B) to the extent not so credited, shall be
deposited in the Treasury as miscellaneous
receipts as provided in section 3302(b) of title
31.
(d) Funds may be appropriated for the armed forces for
use as an emergency fund for research, development, test,
and evaluation, or related procurement or production, only
if the appropriation of the funds is authorized by law after
June 30, 1966.
(e) In each budget submitted by the President to
Congress under section 1105 of title 31, amounts requested
for procurement of equipment for the reserve components of
the armed forces (including the National Guard) shall be set
forth separately from other amounts requested for
procurement for the armed forces.
(f) In each budget submitted by the President to
Congress under section 1105 of title 31, amounts requested
for procurement of ammunition for the Navy and Marine Corps,
and for procurement of ammunition for the Air Force, shall
be set forth separately from other amounts requested for
procurement. (Added Nov. 16, 1973, Pub.L. 93-155, Title
VIII, Sec. 803(a), 87 Stat. 612; Oct. 7, 1975, Pub.L. 94-
106, Title VIII, Sec. 801(a), 89 Stat. 537; July 14, 1976,
Pub.L. 94-361, Title III, Sec. 302, 90 Stat. 924; Nov. 9,
1979, Pub.L. 96-107, Title III, Sec. 303(b), 93 Stat. 806;
Sept. 8, 1980, Pub.L. 96-342, Title X, Sec. 1001(a)(1), (b),
(c), (d)(1), 94 Stat. 1117; Dec. 12, 1980, Pub.L. 96-513,
Title I, Sec. 102, Title V, Part B, Sec. 511(4), 94 Stat.
2840, 2920; July 10, 1981, Pub.L. 97-22, Sec. 2(b), 95 Stat.
124; Dec. 1, 1981, Pub.L. 97-86, Title III, Sec. 302, Title
IX, Sec. Sec. 901(a), 902, 903, 95 Stat. 1104, 1113; Dec.
29, 1981, Pub.L. 97-113, Title I, Sec. 108(b), 95 Stat.
1524; July 12, 1982, Pub.L. 97-214, Sec. 4, 96 Stat. 170;
Sept. 8, 1982, Pub.L. 97-252, Title IV, Sec. 402(a), Title
XI, Sec. Sec. 1103, 1105, 96 Stat. 725, 738; Oct. 12, 1982,
Pub.L. 97-295, Sec. 1(3), (4), 96 Stat. 1289; Oct. 19, 1984,
Pub.L. 98-525, Title XIV, Sec. 1405(2), 98 Stat. 2621; Nov.
8, 1985, Pub.L. 99-145, Title XII, Part A, Sec. 1208, Title
XIV, Part A, Sec. 1403, 99 Stat. 723, 743; Oct. 1, 1986,
Pub.L. 99-433, Title I, Sec. Sec. 101(a)(2) in part, 110(b),
100 Stat. 994, 1002; Nov. 14, 1986, Pub.L. 99-661, Div. A,
Title I, Part A, Sec. 105(d), Title XIII, Part A,
Sec. 1304(a), 100 Stat. 3827, 3979; Apr. 21, 1987, Pub.L.
100-26, Sec. 7(j)(1), 101 Stat. 282; Dec. 4, 1987, Pub.L.
100-180, Div. A, Title XII, Part A, Sec. 1203, 101 Stat.
1154; Nov. 29, 1989, Pub.L. 101-189, Div. A, Title XVI, Part
A, Sec. 1602(b), 103 Stat. 1597; Nov. 5, 1990, Pub.L. 101-
510, Div. A, Title XIV, Part H, Sec. 1481(a)(1), 104 Stat.
1704; Feb. 10, 1996, Pub.L. 104-106, Div. A, Title XV,
Sec. 1501(c)(2), 110 Stat. 498; Sept. 23, 1996, Pub.L. 104-
201, Div. A, Title X, Subtitle A, Sec. 1005, 110 Stat.
2632.)
1201 Sec. 115. Personnel strengths: requirement for annual
authorization.
(a) Active-Duty and Selected Reserve End Strengths To Be
Authorized by Law.--Congress shall authorize personnel
strength levels for each fiscal year for each of the
following:
(1) The end strength for each of the armed
forces (other than the Coast Guard) for (A)
active-duty personnel who are to be paid from
funds appropriated for active-duty personnel,
unless on active duty pursuant to subsection (b)
and (B) active-duty personnel and full-time
National Guard duty personnel who are to be paid
from funds appropriated for reserve personnel
unless on active duty or full-time National
Guard duty pursuant to subsection (b).
(2) The end strength for the Selected
Reserve of each reserve component of the armed
forces.
(b) Certain Reserves on Active Duty To Be Authorized by
Law.--(1) Congress shall annually authorize the maximum
number of members of a reserve component permitted to be on
active duty or full-time National Guard duty at any given
time who are called or ordered to--
(A) active duty under section 12301(d) of
the title for the purpose of providing
operational support, as prescribed in regulation
issued by the Secretary of Defense:
(B) full-time National Guard duty under
section 502(f)(2) of title 32 for the purpose of
providing operational support when authorized by
the Secretary of Defense;
(C) active duty under section 12301(d) of
this title or full-time National Guard duty
under section 502(f)(2) of title 32 for the
purpose of preparing for and performing funeral
honors functions for funerals of veterans under
section 1491 of this title;
(D) active duty or retained on active duty
under sections 12301(g) of this title while in a
captive status; or
(E) active duty or retained on active duty
under 12301(h) or 12322 of this title for the
purpose of medical evaluation or treatment.
(2) A member of a reserve component who exceeds either
of the following limits shall be included in the strength
authorized under subparagraph (A) or subparagraph (B), as
appropriate, of subsection (a)(1):
(A) A call or order to active duty or full-
time National Guard duty that specifies a period
greater than three years.
(B) The cumulative periods of active duty
and full-time National Guard duty performed by
the member exceed 1095 days in the previous 1460
days.
(3) In determining the period of active service under
paragraph (2), the following periods of active service
performed by a member shall not be included:
(A) All periods of active duty performed by
a member who has not previously served in the
Selected Reserve of the Ready Reserve.
(B) All periods of active duty or full-time
National Guard duty for which the member is
exempt from strength accounting under paragraphs
(1) through (8) of subsection (i).
(c) Limitation on Appropriations for Military
Personnel.--No funds may be appropriated for any fiscal year
to or for--
(1) the use of active-duty personnel or
full-time National Guard duty personnel of any
of the armed forces (other than the Coast Guard)
unless the end strength for such personnel of
that armed force for that fiscal year has been
authorized by law;
(2) the use of the Selected Reserve of any
reserve component of the armed forces unless the
end strength for the Selected Reserve of that
component for that fiscal year has been
authorized by law; or
(3) the use of reserve component personnel
to perform active duty or full-time National
Guard duty under subsection (b) unless the
strength for such personnel for that reserve
component for that fiscal year has been
authorized by law.
(d) Military Technician (Dual Status) End Strengths To
Be Authorized by Law.--Congress shall authorize for each
fiscal year the end strength for military technicians (dual
status) for each reserve component of the Army and Air
Force. Funds available to the Department of Defense for any
fiscal year may not be used for the pay of a military
technician (dual status) during that fiscal year unless the
technician fills a position that is within the number of
such positions authorized by law for that fiscal year for
the reserve component of that technician. This subsection
applies without regard to section 129 of this title. In each
budget submitted by the President to Congress under section
1105 of title 31, the end strength requested for military
technicians (dual status) for each reserve component of the
Army and Air Force shall be specifically set forth.
(e) End-of-Quarter Strength Levels.--(1) The Secretary
of Defense shall prescribe and include in the budget
justification documents submitted to Congress in support of
the President's budget for the Department of Defense for any
fiscal year the Secretary's proposed end-of-quarter
strengths for each of the first three quarters of the fiscal
year for which the budget is submitted, in addition to the
Secretary's proposed fiscal-year end-strengths for that
fiscal year. Such end-of-quarter strengths shall be
submitted for each category of personnel for which end
strengths are required to be authorized by law under
subsection (a) or (d). The Secretary shall ensure that
resources are provided in the budget at a level sufficient
to support the end-of-quarter and fiscal-year end-strengths
as submitted.
(2)(A) After annual end-strength levels required by
subsections (a) and (d) are authorized by law for a fiscal
year, the Secretary of Defense shall promptly prescribe end-
of-quarter strength levels for the first three quarters of
that fiscal year applicable to each such end-strength level.
Such end-of-quarter strength levels shall be established for
any fiscal year as levels to be achieved in meeting each of
those annual end-strength levels authorized by law in
accordance with subsection (a) (as such levels may be
adjusted pursuant to subsection (f)) and subsection (d).
(B) At least annually, the Secretary of Defense shall
establish for each of the armed forces (other than the Coast
Guard) the maximum permissible variance of actual strength
for an armed force at the end of any given quarter from the
end-of-quarter strength established pursuant to subparagraph
(A). Such variance shall be such that it promotes the
maintaining of the strength necessary to achieve the end-
strength levels authorized in accordance with subsection (a)
(as adjusted pursuant to subsection (f)) and subsection (d).
(3) Whenever the Secretary establishes an end-of-quarter
strength level under subparagraph (A) of paragraph (2), or
modifies a strength level under the authority provided in
subparagraph (B) of paragraph (2), the Secretary shall
notify the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives
of that strength level or of that modification, as the case
may be.
(f) Authority for Secretary of Defense Variances for
Active Duty and Selected Reserve Strengths.--Upon
determination by the Secretary of Defense that such action
is in the national interest, the Secretary may--
(1) increase the end strength authorized
pursuant to subsection (a)(1)(A) for a fiscal
year for any of the armed forces by a number
equal to not more than 3 percent of that end
strength;
(2) increase the end strength authorized
pursuant to subsection (a)(1)(B) for a fiscal
year for any of the armed forces by a number
equal to not more than 2 percent of that end
strength;
(3) vary the end strength authorized
pursuant to subsection (a)(2) for a fiscal year
for the Selected Reserve of any of the reserve
components by a number equal to not more than 2
percent of that end strength; and
(4) increase the maximum strength authorized
pursuant to subsection (b)(1) for a fiscal year
for certain reserves on active duty for any of
the reserve components by a number equal to not
more than 10 percent of that strength.
(g) Authority for Service Secretary Variances for
Active-Duty End Strengths.--Upon determination by the
Secretary of a military department that such action would
enhance manning and readiness in essential units or in
critical specialties or ratings, the Secretary may increase
the end strength authorized pursuant to subsection (a)(1)(A)
for a fiscal year for the armed force under the jurisdiction
of that Secretary or, in the case of the Secretary of the
Navy, for any of the armed forces under the jurisdiction of
that Secretary. Any such increase for a fiscal year--
(1) shall be by a number equal to not more than 2
percent of such authorized end strength; and
(2) shall be counted as part of the increase for that
armed force for that fiscal year authorized under subsection
(f)(1).
(h) Adjustment When Coast Guard is Operating as a
Service in the Navy.--The authorized strength of the Navy
under subsection (a)(1) is increased by the authorized
strength of the Coast Guard during any period when the Coast
Guard is operating as a service in the Navy.
(i)\1\ Certain Personnel Excluded from Counting for
Active-Duty End Strengths.--In counting personnel for the
purpose of the end-strengths authorized pursuant to
subsection (a)(1), persons in the following categories shall
be excluded:
\1\[Repealed. Pub.L. 109-364, Div. A, Title X,
Sec. 1071(a)(1)(A), Oct. 17, 2006, 120 Stat. 2398]
(1) Members of a reserve component ordered
to active duty under section 12301(a) of this
title.
(2) Members of a reserve component in an
active status ordered to active duty under
section 12301(b) of this title.
(3) Members of the Ready Reserve ordered to
active duty under section 12302 of this title.
(4) Members of the Selected Reserve of the
Ready Reserve or members of the Individual Ready
Reserve mobilization category described in
section 10144(b) of this title ordered to active
duty under section 12304 of this title.
(5) Members of the National Guard called
into Federal service under section 12406 of this
title.
(6) Members of the militia called into
Federal service under chapter 15 of this title.
(7) Members of the National Guard on full-
time National Guard duty under section 502(f)(1)
of title 32.
(8) Members of reserve components on active
duty for training or full-time National Guard
duty for training.
(9) Members of the Selected Reserve of the
Ready Reserve on active duty to support programs
described in section 1203(b) of the Cooperative
Threat Reduction Act of 1993 (22 U.S.C.
5952(b)).
(10) Members of the National Guard on active
duty or full-time National Guard duty for the
purpose of carrying out drug interdiction and
counter-drug activities under section 112 of
title 32.
(11) Members of a reserve component on
active duty under section 10(b)(2) of the
Military Selective Service Act (50 U.S.C. App.
460(b)(2)) for the administration of the
Selective Service System.
(12) Members of the National Guard on full-
time National Guard duty for the purpose of
providing command, administrative, training, or
support services for the National Guard
Challenge Program authorized by section 509 of
title 32.
(13) Members of the National Guard on full-
time National Guard duty involuntarily and
performing homeland defense activities under
chapter 9 of title 32. (Added Pub.L. 101-510,
Div. A, Title XIV, Sec. 1483(a), Nov. 5, 1990,
104 Stat. 1710, and amended Pub.L. 102-190, Div.
A, Title III, Sec. 312(a), Dec. 5, 1991, 105
Stat. 1335; Pub.L. 104-106, Div. A, Title IV,
Sec. Sec. 401(c), 415, Title V, Sec. 513(a)(1),
Title X, Sec. 1061(c), Title XV,
Sec. 1501(c)(3), Feb. 10, 1996, 110 Stat. 286,
288, 305, 442, 498; Pub.L. 105-85, Div. A, Title
IV, Sec. 413(b), Title V, Sec. 522(i)(1), Nov.
18, 1997, 111 Stat. 1720, 1736; Pub.L. 106-65,
Div. A, Title IV, Sec. 415, Oct. 5, 1999, 113
Stat. 587; Pub.L. 106-398, Sec. 1, [Div. A.,
Title IV, Sec. 422], Oct. 30, 2000, 114 Stat.
1654, 1654A-96; Pub.L. 107-107, Div. A, Title
IV, Sec. Sec. 421(a), 422, Dec. 28, 2001, 115
Stat. 1076, 1077; Pub.L. 107-314, Div. A, Title
IV, Sec. 403, Dec. 2, 2002, 116 Stat. 2525;
Pub.L. 108-136, Div. A, Title IV, Sec. 403(a),
(b), Nov. 24, 2003, 117 Stat. 1450; Pub.L. 108-
375, Div. A, Title IV, Sec. 416(a) to (d), Title
V, Sec. 512(b), Oct. 28, 2004, 118 Stat. 1866,
1880; Pub.L. 109-364, Div. A, Title X,
Sec. 1071(a)(1), (g)(1)(A), Oct. 17, 2006, 120
Stat. 2398, 2402.)
1202 Sec. 115a. Annual manpower requirements report.
(a) The Secretary of Defense shall submit to Congress an
annual manpower requirements report. The report, which shall
be in writing, shall be submitted each year not later than
45 days after the date on which the President submits to
Congress the budget for the next fiscal year under section
1105 and of title 31. The report shall contain the
Secretary's recommendations for--
(1) the annual active-duty end-strength
level for each component of the armed forces for
the next fiscal year; and
(2) the annual civilian personnel end-
strength level for each component of the
Department of Defense for the next fiscal year.
(b)(1) The Secretary shall include in each report under
subsection (a) justification for the strength levels
recommended and an explanation of the relationship between
the personnel strength levels recommended for that fiscal
year and the national security policies of the United States
in effect at the time.
(2) The justification and explanation shall specify in
detail for all major military force units (including each
land force division, carrier and other major combatant
vessel, air wing, and other comparable unit) the following:
(A) Unit mission and capability.
(B) Strategy which the unit supports.
(3) The justification and explanation shall also specify
in detail the manpower required to perform the medical
missions of each of the armed forces and of the Department
of Defense.
(c) The Secretary shall include in each report under
subsection (a) a detailed discussion of the following:
(1) The manpower required for support and
overhead functions within the armed forces and
the Department of Defense.
(2) The relationship of the manpower
required for support and overhead functions to
the primary combat missions and support
policies.
(3) The manpower required to be stationed or
assigned to duty in foreign countries and aboard
vessels located outside the territorial limits
of the United States, its territories, and
possessions.
(d) The Secretary shall also include in each such
report, with respect to each armed force under the
jurisdiction of the Secretary of a military department, the
following:
(1) The number of positions that require
warrant officers or commissioned officers
serving on active duty in each of the officer
grades during the current fiscal year and the
estimated number of such positions for each of
the next five fiscal years.
(2) The estimated number of officers that
will be serving on active duty in each grade on
the last day of the current fiscal year and the
estimated numbers of officers that will be
needed on active duty on the last day of each of
the next five fiscal years.
(3) An estimate and analysis for the current
fiscal year and for each of the next five fiscal
years of gains to and losses from the number of
members on active duty in each officer grade,
including a tabulation of--
(A) retirements displayed by year of
active commissioned service;
(B) discharges;
(C) other separations;
(D) deaths;
(E) promotions; and
(F) reserve and regular officers ordered
to active duty.
(e)(1) In each such report, the Secretary shall also
include recommendations for the end-strength levels for
medical personnel for each component of the armed forces as
of the end of the next fiscal year.
(2) For purposes of this subsection, the term ``medical
personnel'' includes--
(A) in the case of the Army, members of the
Medical Corps, Dental Corps, Nurse Corps,
Medical Service Corps, Veterinary Corps, and
Army Medical Specialist Corps;
(B) in the case of the Navy, members of the
Medical Corps, Dental Corps, Nurse Corps, and
Medical Service Corps;
(C) in the case of the Air Force, members
designated as medical officers, dental officers,
Air Force nurses, medical service officers, and
biomedical science officers;
(D) enlisted members engaged in or
supporting medically related activities; and
(E) such other personnel as the Secretary
considers appropriate.
(f) Repealed (Pub.L. 104-106, Div. A, Title X,
Sec. 1061(d)(4), Feb. 10, 1996, 110 Stat. 442).
(g) Redesignated (e).
(h) In each such report, the Secretary shall include a
separate report on the Army and Air Force military
technician programs. The report shall include a
presentation, shown by reserve component and shown both as
of the end of the preceding fiscal year and for the next
fiscal year, of the following (displayed in the aggregate
and separately for military technicians (dual status) and
non-dual status military technicians):
(1) The number of military technicians
required to be employed (as specified in
accordance with Department of Defense
procedures), the number authorized to be
employed under Department of Defense personnel
procedures, and the number actually employed.
(2) Within each of the numbers under
paragraph (1)--
(A) the number applicable to a reserve
component management headquarter
organization; and
(B) the number applicable to high-
priority units and organizations (as
specified in section 10216(a) of this
title). (Added Nov. 5, 1990, Pub.L. 101-510,
Div. A, Title XIV, Part H, Sec. 1483(a), 104
Stat. 1711; Dec. 5, 1991, Pub.L. 102-190,
Div. A, Title X, Part E, Sec. 1061(a)(1),
105 Stat. 1472; Feb. 10, 1996, Pub.L. 104-
106, Div. A, Title V, Subtitle B,
Sec. 513(e), Title X, Subtitle F,
Sec. 1061(d), 110 Stat. 307, 442; Nov. 18,
1997, Pub.L. 105-85, Div. A, Title V,
Subtitle C, Sec. 522(i)(2), 111 Stat. 1736;
Oct. 17, 1998, Pub.L. 105-261, Div. A, Title
IV, Subtitle A, Sec. 403, 112 Stat. 1996.)
1203 Sec. 116. Annual operations and maintenance report.
(a)(1) The Secretary of Defense shall submit to Congress
a written report, not later than February 15 of each fiscal
year, with respect to the operations and maintenance of the
Army, Navy, Air Force, and Marine Corps for the next fiscal
year. The Secretary shall include in each such report
recommendations for--
(A) the number of aircraft flying hours for
the Army, Navy, Air Force, and Marine Corps for
the next fiscal year, the number of ship
steaming hours for the Navy for the next fiscal
year, and the number of field training days for
the combat arms battalions of the Army and
Marine Corps for the next fiscal year;
(B) the number of ships over 3,000 tons
(full load displacement) in each Navy ship
classification on which major repair work should
be performed during the next fiscal year; and
(C) the number of airframe reworks, aircraft
engine reworks, and vehicle overhauls which
should be performed by the Army, Navy, Air
Force, and Marine Corps during the next fiscal
year.
(2) The Secretary shall also include in each such report
the justification for and an explanation of the level of
funding recommended in the Budget of the President for the
next fiscal year for aircraft flying hours, ship steaming
hours, field training days for the combat arms battalions,
major repair work to be performed on ships of the Navy,
airframe reworks, aircraft engine reworks, and vehicle
overhauls.
(b) In this section:
(1) The term ``combat arms battalions''
means armor, infantry, mechanized infantry, air
assault infantry, airborne infantry, ranger,
artillery, and combat engineer battalions and
armored cavalry and air cavalry squadrons.
(2) The term ``major repair work'' means, in
the case of any ship to which subsection (a) is
applicable, any overhaul, modification,
alteration, or conversion work which will result
in a total cost to the United States of more
than $10,000,000. (Added Sept. 8, 1980, Pub.L.
96-342, Title X, Sec. 1001(b)(3), (c)(2), 94
Stat. 1118; Dec. 12, 1980, Pub.L. 96-513, Title
V, Sec. 511(4)(B), 94 Stat. 2920; Dec. 1, 1981,
Pub.L. 97-86, Title III, Sec. 302, 95 Stat.
1104; Oct. 1, 1986, Pub.L. 99-433, Title I,
Sec. Sec. 101(a)(2), 110(b)(6), (7), (9), (10),
100 Stat. 994, 1002; Nov. 18, 1997, Pub.L. 105-
85, Div. A, Title X, Subtitle G,
Sec. 1073(a)(3), 111 Stat. 1900.)
1204 Sec. 119. Special access programs: congressional oversight.
(a)(1) Not later than March 1 of each year, the
Secretary of Defense shall submit to the defense committees
a report on special access programs.
(2) Each such report shall set forth--
(A) the total amount requested for special
access programs of the Department of Defense in
the President's budget for the next fiscal year
submitted under section 1105 of title 31; and
(B) for each program in that budget that is
a special access program--
(i) a brief description of the program;
(ii) a brief discussion of the major
milestones established for the program;
(iii) the actual cost of the program for
each fiscal year during which the program
has been conducted before the fiscal year
during which that budget is submitted; and
(iv) the estimated total cost of the
program and the estimated cost of the
program for (I) the current fiscal year,
(II) the fiscal year for which the budget is
submitted, and (III) each of the four
succeeding fiscal years during which the
program is expected to be conducted.
(3) In the case of a report under paragraph (1)
submitted in a year during which the President's budget for
the next fiscal year, because of multiyear budgeting for the
Department of Defense, does not include a full budget
request for the Department of Defense, the report required
by paragraph (1) shall set forth--
(A) the total amount already appropriated
for the next fiscal year for special access
programs of the Department of Defense and any
additional amount requested in that budget for
such programs for such fiscal year; and
(B) for each program of the Department of
Defense that is a special access program, the
information specified in paragraph (2)(B).
(b)(1) Not later than February 1 of each year, the
Secretary of Defense shall submit to the defense committees
a report that, with respect to each new special access
program, provides--
(A) notice of the designation of the program
as a special access program; and
(B) justification for such designation.
(2) A report under paragraph (1) with respect to a
program shall include--
(A) the current estimate of the total
program cost for the program; and
(B) an identification of existing programs
or technologies that are similar to the
technology, or that have a mission similar to
the mission, of the program that is the subject
of the notice.
(3) In this subsection, the term ``new special access
program'' means a special access program that has not
previously been covered in a notice and justification under
this subsection.
(c)(1) Whenever a change in the classification of a
special access program of the Department of Defense is
planned to be made or whenever classified information
concerning a special access program of the Department of
Defense is to be declassified and made public, the Secretary
of Defense shall submit to the defense committees a report
containing a description of the proposed change, the reasons
for the proposed change, and notice of any public
announcement planned to be made with respect to the proposed
change.
(2) Except as provided in paragraph (3), any report
referred to in paragraph (1) shall be submitted not less
than 14 days before the date on which the proposed change or
public announcement is to occur.
(3) If the Secretary determines that because of
exceptional circumstances the requirement of paragraph (2)
cannot be met with respect to a proposed change or public
announcement concerning a special access program of the
Department of Defense, the Secretary may submit the report
required by paragraph (1) regarding the proposed change or
public announcement at any time before the proposed change
or public announcement is made and shall include in the
report an explanation of the exceptional circumstances.
(d) Whenever there is a modification or termination of
the policy and criteria used for designating a program of
the Department of Defense as a special access program, the
Secretary of Defense shall promptly notify the defense
committees of such modification or termination. Any such
notification shall contain the reasons for the modification
or termination and, in the case of a modification, the
provisions of the policy as modified.
(e)(1) The Secretary of Defense may waive any
requirement under subsection (a), (b), or (c) that certain
information be included in a report under that subsection if
the Secretary determines that inclusion of that information
in the report would adversely affect the national security.
Any such waiver shall be made on a case-by-case basis.
(2) If the Secretary exercises the authority provided
under paragraph (1), the Secretary shall provide the
information described in that subsection with respect to the
special access program concerned, and the justification for
the waiver, jointly to the chairman and ranking minority
member of each of the defense committees.
(f) A special access program may not be initiated
until--
(1) the defense committees are notified of
the program; and
(2) a period of 30 days elapses after such
notification is received.
(g) In this section, the term ``defense committees''
means--
(1) the Committee on Armed Services and the
Committee on Appropriations, and the Defense
Subcommittee of the Committee on Appropriations,
of the Senate; and
(2) the Committee on Armed Services and the
Committee on Appropriations, and the
Subcommittee on Defense of the Committee on
Appropriations, of the House of Representatives.
(Added Dec. 4, 1987, Pub.L. 100-180, Div. A,
Title XI, Part D, Sec. 1132(a)(1), 101 Stat.
1151; Nov. 5, 1990, Pub.L. 101-510, Div. A,
Title XIV, Part F, Sec. 1461, Part H,
Sec. 1482(a), 104 Stat. 1698, 1709; Feb. 10,
1996, Pub.L. 104-106, Div. A, Title X, Subtitle
E, Sec. 1055, Title XV, Sec. 1502(a)(4), 110
Stat. 442, 502; Pub.L. 106-65, Div. A, Title X,
Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774; Dec.
28, 2001, Pub.L. 107-107, Div. A., Title X,
Sec. 1048(a)(2), 115 Stat. 1222.)
Chapter 9.--DEFENSE BUDGET MATTERS
1205 Sec. 221. Future-years defense program: submission to
Congress; consistency in budgeting.
(a) The Secretary of Defense shall submit to Congress
each year, at or about the time that the President's budget
is submitted to Congress that year under section 1105(a) of
title 31, a future-years defense program (including
associated annexes) reflecting the estimated expenditures
and proposed appropriations included in that budget. Any
such future-years defense program shall cover the fiscal
year with respect to which the budget is submitted and at
least the four succeeding fiscal years.
(b)(1) The Secretary of Defense shall ensure that
amounts described in subparagraph (A) of paragraph (2) for
any fiscal year are consistent with amounts described in
subparagraph (B) of paragraph (2) for that fiscal year.
(2) Amounts referred to in paragraph (1) are the
following:
(A) The amounts specified in program and
budget information submitted to Congress by the
Secretary in support of expenditure estimates
and proposed appropriations in the budget
submitted to Congress by the President under
section 1105(a) of title 31 for any fiscal year,
as shown in the future-years defense program
submitted pursuant to subsection (a).
(B) The total amounts of estimated
expenditures and proposed appropriations
necessary to support the programs, projects, and
activities of the Department of Defense included
pursuant to paragraph (5) of section 1105(a) of
title 31 in the budget submitted to Congress
under that section for any fiscal year.
(c) Nothing in this section shall be construed to
prohibit the inclusion in the future-years defense program
of amounts for management contingencies, subject to the
requirements of subsection (b). (Added Pub.L. 101-189,
Sec. 1602(a)(1), Nov. 29, 1989, 103 Stat. 1596; amended
Pub.L. 101-510, Sec. 1402(a), Nov. 5, 1990, 104 Stat. 1674;
renumbered Sec. 221 and amended Pub.L. 102-484,
Sec. 1002(c), Oct. 23, 1992, 106 Stat. 2480.)
1206 Sec. 222. Future-years mission budget.
(a) Future-years mission budget
The Secretary of Defense shall submit to Congress for
each fiscal year a future-years mission budget for the
military programs of the Department of Defense. That budget
shall be submitted for any fiscal year not later than 60
days after the date on which the President's budget for that
fiscal year is submitted to Congress pursuant to section
1105 of title 31.
(b) Consistency with future-years defense program
The future-years mission budget shall be consistent with
the future-years defense program required under section 221
of this title. In the future-years mission budget, the
military programs of the Department of Defense shall be
organized on the basis of major roles, missions, or forces
of the Department of Defense.
(c) Relationship to other defense budget formats
The requirement in subsection (a) is in addition to the
requirements in any other provision of law regarding the
format for the presentation regarding military programs of
the Department of Defense in the budget submitted pursuant
to section 1105 of title 31 for any fiscal year. (Added Oct.
23, 1992, Pub.L. 102-484, Div. A, Title X, Subtitle A,
Sec. 1002(a)(2), 106 Stat. 2480; Oct. 5, 1994, Pub.L. 103-
337, Div. A, Title X, Subtitle A, Sec. 1004, 108 Stat.
2834.)
1207 Sec. 226. Scoring of outlays.
(a) Annual OMB/CBO report
Not later than April 1 of each year, the Director of the
Office of Management and Budget and the Director of the
Congressional Budget Office shall submit to the Speaker of
the House of Representatives and the Committees on Armed
Services, Appropriations, and the Budget of the Senate a
joint report containing an agreed resolution of all
differences between--
(1) the technical assumptions to be used by
the Office of Management and Budget in preparing
estimates with respect to all accounts in major
functional category 050 (National Defense) for
the budget to be submitted to Congress in that
year pursuant to section 1105 of title 31; and
(2) the technical assumptions to be used by
the Congressional Budget Office in preparing
estimates with respect to those accounts for
that budget.
(b) Use of averages
If the two Directors are unable to agree upon any
technical assumption, the report shall reflect the average
of the relevant outlay rates or assumptions used by the two
offices.
(c) Matters to be included
The report with respect to a budget shall identify the
following:
(1) The agreed first-year and outyear outlay
rates for each account in budget function 050
(National Defense) for each fiscal year covered
by the budget.
(2) The agreed amount of outlays estimated
to occur from unexpended appropriations made for
fiscal years before the fiscal year that begins
after submission of the report. (Added Pub.L.
102-190, Div. A, Title X, Sec. 1002(a)(1), Dec.
5, 1991, 105 Stat. 1455, Sec. 221; renumbered
Sec. 226, Pub.L. 102-484, Div. A, Title X,
Sec. 1002(a)(1), Oct. 23, 1992, 106 Stat. 2480;
amended Pub.L. 103-160, Sec. 1104, Nov. 30,
1993, 107 Stat. 1749; Pub.L. 108-136,
Sec. 1031(a) Nov. 24, 2003, 117 Stat. 1596;
Pub.L. 109-364, Div. A, Title X, Sec. 1007, Oct.
17, 2006, 120 Stat. 2373.)
* * * * * * *
Chapter 403.--UNITED STATES MILITARY ACADEMY
1208 Sec. 4342. Cadets: appointment; numbers, territorial
distribution.
(a) The authorized strength of the Corps of Cadets of
the Academy (determined for any year as of the day before
the last day of the academic year) is 4,000. Subject to that
limitation, cadets are selected as follows:
(1) 65 cadets selected in order of merit as
established by competitive examinations from the
children of members of the armed forces who were
killed in action or died of, or have a service-
connected disability rated at not less than 100
per centum resulting from, wounds or injuries
received or diseases contracted in, or
preexisting injury or disease aggravated by,
active service, children of members who are in a
``missing status'' as defined in section 551(2)
of title 37, and children of civilian employees
who are in ``missing status'' as defined in
section 5561(5) of title 5. The determination of
the Department of Veterans Affairs as to service
connection of the cause of death or disability,
and the percentage at which the disability is
rated is binding upon the Secretary of the Army.
(2) Five cadets nominated at large by the
Vice President or, if there is no Vice
President, by the President pro tempore of the
Senate.
(3) Ten cadets from each State, five of whom
are nominated by each Senator from that State.
(4) Five cadets from each congressional
district, nominated by the Representative from
the district.
(5) Five cadets from the District of
Columbia, nominated by the Delegate to the House
of Representatives from the District of
Columbia.
(6) Three cadets from the Virgin Islands,
nominated by the Delegate in Congress from the
Virgin Islands.
(7) Six cadets from Puerto Rico, five of
whom are nominated by the Resident Commissioner
from Puerto Rico and one who is a native of
Puerto Rico nominated by the Governor of Puerto
Rico.
(8) Three cadets from Guam, nominated by the
Delegate in Congress from Guam.
(9) Two cadets from American Samoa,
nominated by the Delegate in Congress from
American Samoa.
(10) One cadet from the Commonwealth of the
Northern Mariana Islands, nominated by the
resident representative from the commonwealth.
Each Senator, Representative, and Delegate in Congress,
including the Resident Commissioner from Puerto Rico, is
entitled to nominate 10 persons for each vacancy that is
available to him under this section. Nominees may be
submitted without ranking or with a principal candidate and
9 ranked or unranked alternates. Qualified nominees not
selected for appointment under this subsection shall be
considered qualified alternates for the purposes of
selection under other provisions of this chapter.
(b) In addition, there may be appointed each year at the
Academy cadets as follows:
(1) one hundred selected by the President
from the children of members of an armed force
who--
(A) are on active duty (other than for
training) and who served continuously on
active duty for at least eight years;
(B) are, or who died while they were,
retired with pay or granted retired or
retainer pay;
(C) are serving as members of reserve
components and are credited with at least
eight years of service computed under
section 12733 of this title; or
(D) would be, or who died while they
would have been, entitled to retired pay
under Chapter 1223 of this title, except for
not having attained 60 years of age;
however, a person who is eligible for selection
under clause (1) of subsection (a) may not be
selected under this clause.
(2) 85 nominated by the Secretary of the
Army from enlisted members of the Regular Army.
(3) 85 nominated by the Secretary of the
Army from enlisted members of reserve components
of the Army.
(4) 20 nominated by the Secretary of the
Army, under regulations prescribed by him, from
the honor graduates of schools designated as
honor schools by the Department of the Army, the
Department of the Navy, or the Department of the
Air Force, and from members of the Reserve
Officers' Training Corps.
(5) 150 selected by the Secretary of the
Army in order of merit (prescribed pursuant to
section 4343 of this title) from qualified
alternates nominated by persons named in clauses
(3) and (4) of subsection (a).
(c) The President may also appoint as cadets at the
Academy children of persons who have been awarded the Medal
of Honor for acts performed while in the armed forces.
(d) The Superintendent may nominate each year 50 persons
from the country at large. Persons nominated under this
paragraph may not displace any appointment authorized under
clauses (2) through (9) of subsection (a) and may not cause
the total strength of the Corps of Cadets to exceed the
authorized number.
(e) If the annual quota of cadets under subsection
(b)(1), (2), (3) is not filled, the Secretary may fill the
vacancies by nominating for appointment other candidates
from any of these sources who were found best qualified on
examination for admission and not otherwise nominated.
(f) Each candidate for admission nominated under clauses
(3) through (9) of subsection (a) must be domiciled in the
State, or in the congressional district, from which he is
nominated, or in the District of Columbia, Puerto Rico,
American Samoa, Guam, or the Virgin Islands, if nominated
from one of those places.
(g) The Secretary of the Army may limit the number of
cadets authorized to be appointed under this section to the
number that can be adequately accommodated at the Academy,
as determined by the Secretary after consulting with the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives, subject
to the following:
(1) Cadets chargeable to each nominating
authority named in subsection (a)(3) or (4) may
not be limited to less than four.
(2) If the Secretary limits the number of
appointments under subsection (a)(3) or (4),
appointments under subsection (b)(1)-(4) are
limited as follows:
(A) 27 appointments under subsection
(b)(1);
(B) 27 appointments under subsection
(b)(2);
(C) 27 appointments under subsection
(b)(3); and
(D) 13 appointments under subsection
(b)(4).
(3) If the Secretary limits the number of
appointments under subsection (b)(5),
appointments under subsection (b)(2)-(4) are
limited as follows:
(A) 27 appointments under subsection
(b)(2);
(B) 27 appointments under subsection
(b)(3); and
(C) 13 appointments under subsection
(b)(4).
(4) The limitations provided for in this
subsection do not affect the operation of
subsection (e).
(h) The Superintendent shall furnish to any Member of
Congress, upon the written request of such Member, the name
of the Congressman or other nominating authority responsible
for the nomination of any named or identified person for
appointment to the Academy.
(i) For purposes of the limitation in subsection (a)
establishing the aggregate authorized strength of the Corps
of Cadets, the Secretary of the Army may for any year
(beginning with the 2001-2002 academic year) permit a
variance in that limitation by not more than one percent. In
applying that limitation, and any such variance, the last
day of an academic year shall be considered to be graduation
day. (Aug. 10, 1956, ch. 1041, Sec. 1, 70A Stat. 240; Sept.
2, 1958, Pub.L. 85-861, Sec. 33(a)(26), 72 Stat. 1565; Sept.
14, 1962, Pub.L. 87-663, Sec. 1(1), (2), 76 Stat. 547; March
3, 1964, Pub.L. 88-276, Sec. 1(1), 78 Stat. 148; Oct. 13,
1966, Pub.L. 89-650, Sec. 1(1)-(4), 80 Stat. 896; July 5,
1968, Pub.L. 90-374, 82 Stat. 283; Oct. 22, 1968, Pub.L. 90-
623, Sec. 2(8), 82 Stat. 1314; Sept. 22, 1970, Pub.L. 91-
405, Title II, Sec. 204(c), 84 Stat. 852, Aug. 7, 1972,
Pub.L. 92-365, Sec. 1, 86 Stat. 505; Nov. 29, 1973, Pub.L.
93-171, Sec. 1(1)-(4), 87 Stat. 690; Oct. 7, 1975, Pub.L.
94-106, Title VIII, Sec. 803(b)(1), 89 Stat. 538; Dec. 12,
1980, Pub.L. 96-513, Title V, Part B, Sec. 512(13), 94 Stat.
2930; Dec. 24, 1980, Pub.L. 96-600, Sec. 2(a), 94 Stat.
3493; Oct. 14, 1981, Pub.L. 97-60, Title II, Sec. 203(a)(1),
95 Stat. 1006; Sept. 24, 1983, Pub.L. 98-94, Title X, Part
A, Sec. 1005(a)(1), (b)(1), 97 Stat. 660; Nov. 29, 1989,
Pub.L. 101-189, Div. A, Title XVI, Part C, Sec. 1621(a)(1),
103 Stat. 1602; Nov. 5, 1990, Pub.L. 101-510, Div. A, Title
V, Part C, Sec. 532(a)(1), 104 Stat. 1563; Nov. 30, 1993,
Pub.L. 103-160, Div. A, Title V, Subtitle C, Sec. 531, 107
Stat. 1657; Oct. 5, 1994, Pub.L. 103-337, Div. A, Title XVI,
Subtitle C, Sec. 1672(c)(3), 108 Stat. 3015; Feb. 10, 1996,
Pub.L. 104-106, Div. A, Title V, Subtitle D, Part I,
Sec. 532(a), Title XV, Sec. 1502(a)(1), 110 Stat. 314, 502;
Nov. 18, 1997, Pub.L. 105-85, Div. A, Title X, Subtitle G,
Sec. 1073(a)(62), 111 Stat. 1903; Pub.L. 106-65, Div. A,
Title V, Sec. 531(b)(1), Title X, Sec. 1067(1), Oct. 5,
1999, 113 Stat. 602, 774; Oct. 30, 2000, Pub.L. 106-398,
Sec. 1, Div. A, Title V, Sec. 531(a), 114 Stat. 1654A-109;
Pub.L. 108-136, Div. A, Title V, Sec. 524(a), Title X,
Sec. 1031(a)(53), Nov. 24, 2003, 117 Stat. 1464, 1603;
Pub.L. 109-364, Div. A, Title X, Sec. 1071(a)(28), Oct. 17,
2006, 120 Stat. 2399.).
1209 Sec. 4355. Board of Visitors.
(a) A Board of Visitors to the Academy is constituted
annually of--
(1) the chairman of the Committee on Armed
Services of the Senate, or his designee;
(2) three other members of the Senate
designated by the Vice President or the
President pro tempore of the Senate, two of whom
are members of the Committee on Appropriations
of the Senate;
(3) the chairman of the Committee on Armed
Services of the House of Representatives, or his
designee;
(4) four other members of the House of
Representatives designated by the Speaker of the
House of Representatives, two of whom are
members of the Committee on Appropriations of
the House of Representatives; and
(5) six persons designated by the President.
(b) The persons designated by the President serve for
three years each except that any member whose term of office
has expired shall continue to serve until his successor is
appointed. The President shall designate two persons each
year to succeed the members whose terms expire that year.
(c) If a member of the Board dies or resigns, a
successor shall be designated for the unexpired portion of
the term by the official who designated the member.
(d) The Board shall visit the Academy annually. With the
approval of the Secretary of the Army, the Board or its
members may make other visits to the Academy in connection
with the duties of the Board or to consult with the
Superintendent of the Academy.
(e) The Board shall inquire into the morale and
discipline, the curriculum, instruction, physical equipment,
fiscal affairs, academic methods, and other matters relating
to the Academy that the Board decides to consider.
(f) Within 60 days after its annual visit, the Board
shall submit a written report to the President of its
action, and of its views and recommendations pertaining to
the Academy. Any report of a visit, other than the annual
visit, shall, if approved by a majority of the members of
the Board, be submitted to the President within 60 days
after the approval.
(g) Upon approval by the Secretary, the Board may call
in advisers for consultation.
(h) While performing his duties, each member of the
Board and each adviser shall be reimbursed under Government
travel regulations for his travel expenses. (Aug. 10, 1956,
ch. 1041, 70A Stat. 245; Dec. 23, 1980, Pub.L. 96-579,
Sec. 13(a), 94 Stat. 3369; Pub.L. 104-106, Div. A, Title X,
Sec. 1061(e)(2), Title XV, Sec. 1502(a)(12), Feb. 10, 1996,
110 Stat. 443, 503; Pub.L. 106-65, Div. A, Title X,
Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)
Chapter 443.--DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL
1210 Sec. 4689. Transfer of material and equipment to the
Architect of the Capitol.
The Secretary of the Army is authorized to transfer,
without payment, to the Architect of the Capitol, such
material and equipment, not required by the Department of
the Army, as the Architect may request for use at the
Capitol powerplant, the Capitol, and the Senate and House
Office Buildings. (June 5, 1920, ch. 253, Sec. 1, 41 Stat.
1035; Mar. 3, 1921, ch. 124, Sec. 1, 41 Stat. 1291; Pub.L.
107-217, Sec. 2(1), Aug. 21, 2002, 116 Stat. 1294; Pub.L.
108-375, Sec. 1084(d)(26), Oct. 28, 2004, 118 Stat. 2063.)
Chapter 603.--UNITED STATES NAVAL ACADEMY
1211 Sec. 6954. Midshipmen: number.
(a) The authorized strength of the Brigade of Midshipmen
(determined for any year as of the day before the last day
of the academic year) is 4,000 or such higher number as may
be prescribed by the Secretary of the Navy under subsection
(h).
(1) 65 selected in order of merit as
established by competitive examination from the
children of members of the armed forces who were
killed in action or died of, or have a service-
connected disability rated at not less than 100
per centum resulting from, wounds or injuries
received or diseases contracted in, or
preexisting injury or disease aggravated by,
active service, children of members who are in a
``missing status'' as defined in section 551(2)
of title 37, and children of civilian employees
who are in ``missing status'' as defined in
section 5561(5) of title 5. The determination of
the Department of Veterans Affairs as to service
connection of the cause of death or disability,
and the percentage at which the disability is
rated, is binding upon the Secretary of the
Navy.
(2) Five nominated at large by the Vice
President or, if there is no Vice President, by
the President pro tempore of the Senate.
(3) Ten from each State, five of whom are
nominated by each Senator from that State.
(4) Five nominated by each Representative in
Congress.
(5) Five from the District of Columbia,
nominated by the Delegate to the House of
Representatives from the District of Columbia.
(6) Three from the Virgin Islands, nominated
by the Delegate in Congress from the Virgin
Islands.
(7) Six from Puerto Rico, five of whom are
nominated by the Resident Commissioner from
Puerto Rico and one who is native of Puerto Rico
nominated by the Governor of Puerto Rico.
(8) Three from Guam, nominated by the
Delegate in Congress from Guam.
(9) Two from American Samoa, nominated by
the Delegate in Congress from American Samoa.
(10) One from the Commonwealth of the
Northern Mariana Islands, nominated by the
resident representative from the commonwealth.
Each Senator, Representative, and Delegate in Congress,
including the Resident Commissioner from Puerto Rico, is
entitled to nominate 10 persons for each vacancy that is
available to him under this section. Nominees may be
submitted without ranking or with a principal candidate and
9 ranked or unranked alternates. Qualified nominees not
selected for appointment under this subsection shall be
considered qualified alternates for the purposes of
selection under other provisions of this chapter.
(b) In addition there may be appointed each year at the
Academy midshipmen as follows:
(1) one hundred selected by the President
from the children of members of an armed force
who--
(A) are on active duty (other than for
training) and who have served continuously
on active duty for at least eight years;
(B) are, or who died while they were,
retired with pay or granted retired or
retainer pay;
(C) are serving as members of reserve
components and are credited with at least
eight years of service computed under
section 12733 of this title; or
(D) would be, or who died while they
would have been, entitled to retired pay
under Chapter 1223 of this title, except for
not having attained 60 years of age;
however, a person who is eligible for selection
under clause (1) of subsection (a) may not be
selected under this clause.
(2) 85 nominated by the Secretary of the
Navy from enlisted members of the Regular Navy
and the Regular Marine Corps.
(3) 85 nominated by the Secretary of the
Navy from enlisted members of the Navy Reserve
and the Marine Corps Reserve.
(4) 20 nominated by the Secretary of the
Navy, under regulations prescribed by him, from
the honor graduates of schools designated as
honor schools by the Department of the Army, the
Department of the Navy, or the Department of the
Air Force, and from members of the Naval Reserve
Officers' Training Corps.
(5) 150 selected by the Secretary of the
Navy in order of merit (prescribed pursuant to
section 6956 of this title) from qualified
alternates nominated by person named in clauses
(3) and (4) of subsection (a).
(c) The President may also appoint as midshipmen at the
Academy children of persons who have been awarded the medal
of honor for acts performed while in the armed forces.
(d) The Superintendent of the Naval Academy may nominate
for appointment each year 50 persons from the country at
large. Persons nominated under this paragraph may not
displace any appointment authorized under clauses (2)
through (8) of subsection (a) and may not cause the total
strength of midshipmen at the Navy Academy to exceed the
authorized number.
(e) The Secretary of the Navy may limit the number of
midshipmen appointed under section (b)(5). When he does so,
if the total number of midshipmen, upon admission of a new
class at the Academy, will be more than 3,737, no
appointment may be made under subsection (b)(2) or (3) of
this section or section 6956 of this title.
(f) The Superintendent of the Naval Academy shall
furnish to any Member of Congress, upon the written request
of such Member, the name of the Congressman or other
nominating authority responsible for the nomination of any
named or identified person for appointment to the Academy.
(g) For purposes of the limitation in subsection (a)
establishing the aggregate authorized strength of the
Brigade of Midshipmen, the Secretary of the Navy may for any
year permit a variance in that limitation by not more than
one percent. In applying that limitation, and any such
variance, the last day of an academic year shall be
considered to be graduation day.
(h)(1) Beginning with the 2003-2004 academic year, the
Secretary of the Navy may prescribe annual increases in the
midshipmen strength limit in effect under subsection (a).
For any academic year, any such increase shall be by no more
than 100 midshipmen or such lesser number as applies under
paragraph (3) for that year. Such annual increases may be
prescribed until the midshipmen strength limit is 4,400.
However, no increase may be prescribed for any academic year
after the 2007-2008 academic year.
(2) Any increases in the midshipmen strength limit under
paragraph (1) with respect to an academic year shall be
prescribed not later than the date on which the budget of
the President is submitted to Congress under section 1105 of
title 31 for the fiscal year beginning in the same year as
the year in which that academic year begins. Whenever the
Secretary prescribes such an increase, the Secretary shall
submit to Congress a notice in writing of the increase. The
notice shall state the amount of the increase in the
midshipmen strength limit and the new midshipmen strength
limit, as so increased, and the amount of the increase in
Senior Navy Reserve Officers' Training Corps enrollment
under each of sections 2104 and 2107 of this title.
(3) The amount of an increase under paragraph (1) in the
midshipmen strength limit for an academic year may not
exceed the increase (if any) for the preceding academic year
in the total number of midshipmen enrolled in the Navy
Senior Reserve Officers' Training Corps program under
chapter 103 of this title who have entered into an agreement
under section 2104 or 2107 or this title.
(4) In this subsection, the term ``Midshipmen strength
limit'' means the authorized maximum strength of the Brigade
of Midshipmen. (Aug. 10, 1956, ch. 1041, Sec. 1, 70A Stat.
429; Sept. 7, 1962, Pub.L. 87-651, Title I, Sec. 124, 76
Stat. 514; Sept. 14, 1962, Pub.L. 87-663, Sec. 1(3), 76
Stat. 547; March 3, 1964, Pub.L. 88-276, Sec. 2, 78 Stat.
150; Oct. 13, 1996, Pub.L. 89-650, Sec. 1(1)-(3), 80 Stat.
896; July 5, 1968, Pub.L. 90-374, 82 Stat. 283; Oct. 22,
1968, Pub.L. 90-623, Sec. 2(8), 82 Stat. 1314; Sept. 22,
1970, Pub.L. 91-405, Title II, Sec. 204(c), 84 Stat. 852;
Aug. 7, 1972, Pub.L. 92-365, Sec. 2, 86 Stat. 505; Nov. 29,
1973, Pub.L. 93-171, Sec. 2(1)-(3), 87 Stat. 690; Oct. 7,
1975 Pub.L. 94-106, Title VIII, Sec. 803(b)(1), 89 Stat.
538; Dec. 24, 1980, Pub.L. 96-600, Sec. 2(b), 94 Stat. 3493;
Oct. 14, 1981, Pub.L. 97-60, Title II, Sec. 203(b)(2), 95
Stat. 1006; Oct. 12, 1982, Pub.L. 97-295, Sec. 1(44), 96
Stat. 1298; Sept. 24, 1983, Pub.L. 98-94, Title X, Part A,
Sec. 1005(a)(2), (b)(2), 97 Stat. 660; Nov. 29, 1989, Pub.L.
101-189, Div. A, Title XVI, Part C, Sec. 1621(a)(1), 103
Stat. 1602; Nov. 5, Pub.L. 101-510, Div. A, Title V, Part C,
Sec. 532(b)(1), 104 Stat. 1563; Nov. 30, 1993, Pub.L. 103-
160, Div. A. Title V, Subtitle C, Sec. 531, 107 Stat. 1657;
Oct. 5, 1994, Pub.L. 103-337, Div. A, Title XVI, Subtitle C,
Sec. 1673(c)(2), 108 Stat. 3016; Feb. 10, 1996, Pub.L. 104-
106, Div. A, Title V, Subtitle D, Part I, Sec. 532(b), 110
Stat. 314; Nov. 18, 1997, Pub.L. 105-85, Div. A, Title X,
Subtitle G, Sec. 1073(a)(62), 111 Stat. 1903; Oct. 5, 1999,
Pub.L. 106-65, Div. A., Title V, Sec. 531(b)(2), 113 Stat.
602; Oct. 30, 2000; Pub.L. 106-398, Sec. 1 [Div. A, Title V,
Sec. 531 (b), 114 Stat. 1654A-109]; Dec. 28, 2001, Pub.L.
107-107, Div. A, Title X, Sec. 1048(g)(1), 115 Stat. 1228;
Pub.L. 107-314, Sec. 532(b)(1), Dec. 2, 2002, 116 Stat.
2545; Pub.L. 108-136, Sec. Sec. 524(b), 1031(a)(55), Nov.
24, 2003, 117 Stat. 1464; Pub.L. 109-163, Div. A, Title V,
Sec. 515(b)(1)(Q), Jan. 6, 2006, 119 Stat. 3233.).
1212 Sec. 6956. Midshipmen: nomination and selection to fill
vacancies.
(a) If the annual quota of midshipmen from--
(1) enlisted members of the Regular Navy and
the Regular Marine Corps;
(2) enlisted members of the Navy Reserve and
the Marine Corps Reserve; or
(3) at large by the President;
is not filled, the Secretary may fill the vacancies by
nominating for appointment other candidates from any of
these sources who were found best qualified on examination
for admission and not otherwise nominated.
(b) If it is determined that, upon the admission of a
new class to the Academy, the number of midshipmen at the
Academy will be below the authorized number, the Secretary
may fill the vacancies by nominating additional midshipmen
from qualified candidates designated as alternates and from
other qualified candidates who competed for nomination and
are recommended and found qualified by the Academic Board.
At least three-fourths of those nominated under this
subsection shall be from qualified alternates under clauses
(2) through (8) of section 6954(a) of this title, and the
remainder shall be from qualified candidates who competed
for appointment under any other provision of law. An
appointment of a nominee under this subsection is an
additional appointment and is not in place of an appointment
otherwise authorized by law.
(c) The failure of a member of a graduating class to
complete the course with his class does not delay the
appointment of his successor. (Aug. 10, 1956, ch. 1041, 70A
Stat. 430; March. 3, 1964, Pub.L. 88-276, Sec. 3, 78 Stat.
151; July 5, 1968, Pub.L. 90-374, 82 Stat. 283; Nov. 29,
1973, Pub.L. 93-171, Sec. 2(4), 87 Stat. 690; Oct. 7, 1975,
Pub.L. 94-106, Title VIII, Sec. 803(b)(2), 89 Stat. 538;
Oct. 14, 1981, Pub.L. 97-60, Title II, Sec. 206, 95 Stat.
1007; Nov. 5, 1990, Pub.L. 101-510, Sec. 1322(a), 104 Stat.
1671, Sec. 532(b), 104 Stat. 1563, 1671; Nov. 5, 1990,
Pub.L. 101-510, Sec. 532(b)(2), Sec. 1322(a)(14), 104 Stat.
1563, 1671; Pub.L. 109-163, Div. A, Title V,
Sec. 515(b)(1)(R), Jan. 6, 2006, 119 Stat. 3233.)
1213 Sec. 6968. Board of Visitors.
(a) A Board of Visitors to the Naval Academy is
constituted annually of--
(1) the chairman of the Committee on Armed
Services of the Senate, or his designee;
(2) three other members of the Senate
designated by the Vice President or the
President pro tempore of the Senate, two of whom
are members of the Committee on Appropriations
of the Senate;
(3) the chairman of the Committee on Armed
Services of the House of Representatives, or his
designee;
(4) four other members of the House of
Representatives designated by the Speaker of the
House of Representatives, two of whom are
members of the Committee on Appropriations of
the House of Representatives; and
(5) six persons designated by the President.
(b) The persons designated by the President serve for
three years each except that any member whose term of office
has expired shall continue to serve until his successor is
appointed. The President shall designate two persons each
year to succeed the members whose terms expire that year.
(c) If a member of the Board dies or resigns, a
successor shall be designated for the unexpired portion of
the term by the official who designated the member.
(d) The Board shall visit the Academy annually. With the
approval of the Secretary of the Navy, the Board or its
members may make other visits to the Academy in connection
with the duties of the Board or to consult with the
Superintendent of the Academy.
(e) The Board shall inquire into the state of morale and
discipline, the curriculum, instruction, physical equipment,
fiscal affairs, academic methods, and other matters relating
to the Academy that the Board decides to consider.
(f) Within 60 days after its annual visit, the Board
shall submit a written report to the President of its action
and of its views and recommendations pertaining to the
Academy. Any report of a visit, other than the annual visit,
shall, if approved by a majority of the members of the
Board, be submitted to the President within 60 days after
the approval.
(g) Upon approval by the Secretary, the Board may call
in advisers for consultation.
(h) While performing his duties, each member of the
Board and each adviser shall be reimbursed under Government
travel regulations for his travel expenses. (Aug. 10, 1956,
ch. 1041, Sec. 1, 70A Stat. 434; Dec. 23, 1980, Pub.L. 96-
579, Sec. 13(b), 94 Stat. 3369; Feb. 10, 1996, Pub.L. 104-
106, Div. A, Title X, Subtitle F, Sec. 1061(c)(2), Title XV,
Sec. 1502(a)(12), 110 Stat. 443, 503; Pub.L. 106-65, Div. A,
Title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)
Chapter 903.--UNITED STATES AIR FORCE ACADEMY
1214 Sec. 9342. Cadets: appointment; numbers, territorial
distribution.
(a) The authorized strength of Air Force Cadets of the
Academy (determined for any year as of the day before the
last day of the academic year) is 4,000 or such higher
number as may be prescribed by the Secretary of the Air
Force under subsection (j). Subject to that limitation, Air
Force Cadets are selected as follows:
(1) 65 cadets selected in order or merit as
established by competitive examination from the
children of members of the armed forces who were
killed in action or died of, or have a service-
connected disability rated at not less than 100
per centum resulting from wounds or injuries
received or diseases contracted in, or
preexisting injury or disease aggravated by,
active service, children of members who are in a
``missing status'' as defined in section 551(2)
of title 37, and children of civilian employees
who are in ``missing status'' as defined in
section 5561(5) of title 5. The determination of
the Department of Veterans Affairs as to service
connection of the cause of death or disability,
and the percentage at which the disability is
rated is binding upon the Secretary of the Air
Force.
(2) Five cadets nominated at large by the
Vice President or, if there is no Vice
President, by the President pro tempore of the
Senate.
(3) Ten cadets from each State, five of whom
are nominated by each Senator from that State.
(4) Five cadets from each congressional
district, nominated by the Representative from
the district.
(5) Five cadets from the District of
Columbia, nominated by the Delegate to the House
of Representatives from the District of
Columbia.
(6) Three cadets from the Virgin Islands,
nominated by the Delegate in Congress from the
Virgin Islands.
(7) Six cadets from Puerto Rico, five of
whom are nominated by the Resident Commissioner
from Puerto Rico and one who is a native of
Puerto Rico nominated by the Governor of Puerto
Rico.
(8) Three cadets from Guam, nominated by the
Delegate in Congress from Guam.
(9) Two cadets from American Samoa,
nominated by the Delegate in Congress from
American Samoa.
(10) One cadet from the Commonwealth of the
Northern Mariana Islands, nominated by the
residents representative from the commonwealth.
Each Senator, Representative, and Delegate in Congress,
including the Resident Commissioner from Puerto Rico, is
entitled to nominate 10 persons for each vacancy that is
available to him under this section. Nominees may be
submitted without ranking or with a principal candidate and
9 ranked or unranked alternates. Qualified nominees not
selected for appointment under this subsection shall be
considered qualified alternates for the purposes of
selection under other provisions of this chapter.
(b) In addition, there may be appointed each year at the
Academy cadets as follows:
(1) one hundred selected by the President
from the children of members of an armed force
who--
(A) are on active duty (other than for
training) and who have served continuously
on active duty for at least eight years;
(B) are, or who died while they were,
retired with pay or granted retired or
retainer pay;
(C) are serving as members of reserve
components and are credited with at least
eight years of service computed under
section 12733 of this title; or
(D) would be, or who died while they
would have been, entitled to retired pay
under Chapter 1223 of this title, except for
not having attained 60 years of age;
however, a person who is eligible for selection
under clause (1) of subsection (a) may not be
selected under this clause.
(2) 85 nominated by the Secretary of the Air
Force from enlisted members of the Regular Air
Force.
(3) 85 nominated by the Secretary of the Air
Force from enlisted members of reserve
components of the Air Force.
(4) 20 nominated by the Secretary of the Air
Force, under regulations prescribed by him, from
the honor graduates of schools designated as
honor schools by the Department of the Army, the
Department of the Navy, or the Department of the
Air Force, and from members of the Air Force
Reserve Officers' Training Corps.
(5) 150 selected by the Secretary of the Air
Force in order of merit (prescribed pursuant to
section 9343 of this title) from qualified
alternates nominated by persons named in clauses
(3) and (4) of subsection (a).
(c) The President may also appoint as cadets
at the Academy children of persons who have been
awarded the Medal of Honor for acts performed
while in the armed forces.
(d) The Superintendent may nominate for
appointment each year 50 persons from the
country at large. Persons nominated under this
paragraph may not displace any appointment
authorized under clauses (2) through (9) of
subsection (a) and may not cause the total
strength of Air Force Cadets to exceed the
authorized number.
(e) If the annual quota of cadets under
subsection (b) (1), (2), or (3) is not filled,
the Secretary may fill the vacancies by
nominating for appointment other candidates from
any of these sources who were found best
qualified on examination for admission and not
otherwise nominated.
(f) Each candidate for admission nominated
under clauses (3) through (9) of subsection (a)
must be domiciled in the State, or in the
congressional district, from which he is
nominated, or in the District of Columbia,
Puerto Rico, American Samoa, Guam, or the Virgin
Islands, if nominated from one of those places.
(g) The Secretary of the Air Force may limit
the number of cadets authorized to be appointed
under this section to the number that can be
adequately accommodated at the Academy as
determined by the Secretary after consulting
with the Committee on Armed Services of the
Senate and the Committee on Armed Services of
the House of Representatives, subject to the
following:
(1) Cadets chargeable to each nominating
authority named in subsection (a) (3) or (4) may
not be limited to less than four.
(2) If the Secretary limits the number of
appointments under subsection (a) (3) or (4),
appointments under subsection (b)(1)-(4) are
limited as follows:
(A) 27 appointments under subsection
(b)(1);
(B) 27 appointments under subsection
(b)(2);
(C) 27 appointments under subsection
(b)(3); and
(D) 13 appointments under subsection
(b)(4).
(3) If the Secretary limits the number of
appointments under subsection (b)(5),
appointment under subsection (b)(2)-(4) are
limited as follows:
(A) 27 appointments under subsection
(b)(2);
(B) 27 appointments under subsection
(b)(3); and
(C) 13 appointments under subsection
(b)(4).
(4) The limitations provided for in this
subsection do not affect the operation of
subsection (e).
(h) The Superintendent shall furnish to any Member of
Congress, upon the written request of such Member, the name
of the Congressman or other nominating authority responsible
for the nomination of any named or identified person for
appointment to the Academy.
(i) For purposes of the limitation in subsection (a)
establishing the aggregate authorized strength of Air Force
Cadets, the Secretary of the Air Force may for any year
permit a variance in that limitation by not more than one
percent. In applying that limitation, and any such variance,
the last day of an academic year shall be considered to be
graduation day.
(j)(1) Beginning with the 2003-2004 academic year, the
Secretary of the Air Force may prescribe annual increases in
the cadet strength limit in effect under subsection (a). For
any academic year, any such increase shall be by no more
than 100 cadets or such lesser number as applies under
paragraph (3) for that year. Such annual increases may be
prescribed until the cadet strength limit is 4,400. However,
no increase may be prescribed for any academic year after
the 2007-2008 academic year.
(2) Any increase in the cadet strength limit under
paragraph (1) with respect to an academic year shall be
prescribed not later than the date on which the budget of
the President is submitted to Congress under sections 1105
of title 31 for the fiscal year beginning in the same year
as the year in which that academic year begins. Whenever the
Secretary prescribes such an increase, the Secretary shall
submit to Congress a notice in writing of the increase. The
notice shall state the amount of the increase in the cadet
strength limit and the new cadet strength limit, as so
increased, and the amount of the increase in Senior Air
Force Reserve Officers' Training Corps enrollment under each
of sections 2104 and 2107 of this title.
(3) The amount of an increase under paragraph (1) in the
cadet strength limit for an academic year may not exceed the
increase (if any) for the preceding academic year in the
total number of cadets enrolled in the Air Force Senior
Reserve Officers' Training Corps program under chapter 103
of this title who have entered into an agreement under
section 2104 or 2107 of this title.
(4) In this subsection the term ``cadet strength limit''
means the authorized maximum strength of Air Force Cadets of
the Academy.
(Aug. 10, 1956, ch. 1041, Sec. 1, 70A Stat. 563; Sept. 14,
1962, Pub.L. 87-663, Sec. 1(5), (6), 76 Stat. 547; March 3,
1964, Pub.L. 88-276, Sec. 4(1), 78 Stat. 151; Oct. 13, 1966,
Pub.L. 89-650, Sec. 1(1)-(3), (5), 80 Stat. 896; July 5,
1968, Pub.L. 90-374, 82 Stat. 283; Oct. 22, 1968, Pub.L. 90-
623, Sec. 2(8), 82 Stat. 1314; Sept. 22, 1970, Pub.L. 91-
405, Title II, Sec. 204(c), 84 Stat. 852; Aug. 7, 1972,
Pub.L. 92-365, Sec. 1(3), 86 Stat. 505; Nov. 29, 1973,
Pub.L. 93-171, Sec. 3(1)-(4), 87 Stat. 690; Oct. 7, 1975,
Pub.L. 94-106, Title VIII, Sec. 803(b)(1), 89 Stat. 538;
Dec. 12, 1980, Pub.L. 96-513, Title V, Part B, Sec. 514(11),
94 Stat. 2935; Dec. 4, 1980, Pub.L. 96-600, Sec. 2(c), 94
Stat. 3493; Oct. 14, 1981, Pub.L. 97-60, Title II,
Sec. 203(c)(1), 95 Stat. 1006; Sept. 24, 1983, Pub.L. 98-94,
Title X, Part A, Sec. 1005(a)(3), (b)(3), 97 Stat. 660, 661;
Nov. 29, 1989, Pub.L. 101-189, Div. A, Title XVI, Part C,
Sec. 1621(a)(1), 103 Stat. 1602; Nov. 5, 1990, Pub.L. 101-
510, Div. A, Title V, Part C, Sec. 532(c)(1), 104 Stat 1563;
Nov. 30, 1993, Pub.L. 103-160, Div. A, Title V, Subtitle C,
Sec. 531, 107 Stat. 1657; Oct. 5, 1994, Pub.L. 103-337, Div.
A, Title XVI, Subtitle D, Sec. 1674(c)(3), 108 Stat. 3017;
Feb. 10, 1996, Pub.L. 104-106, Div. A, Title V, Subtitle D,
Part I, Sec. 532(c), Title XV, Sec. 1502(a)(1), 110 Stat.
315, 502; Nov. 18, 1997, Pub.L. 105-85, Div. A, Title X,
Subtitle G, Sec. 1073(a)(62), 111 Stat. 1903; Pub.L. 106-65,
Div. A, Title V, Sec. 531(b)(3), Title X, Sec. 1067(1), Oct.
5, 1999, 113 Stat. 602, 774; Oct. 30, 2000, Pub.L. 106-398,
Sec. 1, Div. A, Title V, Sec. 531(c) 114 Stat. 1654A-110;
Pub.L. 107-314, Div. A, Title V, Sec. 532(c), Dec. 2, 2002,
116 Stat. 2546; Pub.L. 108-136, Sec. Sec. 824(c),
1031(a)(58), Nov. 24, 2003, 117 Stat. 1464, 1063; Pub.L.
109-364, Div. A, Title X, Sec. 1071(a)(38), Oct 17, 2006,
120 Stat. 2400.).
1215 Sec. 9355. Board of Visitors.
(a) A Board of Visitors to the Academy is constituted
annually. The Board consists of the following members:
(1) Six persons designated by the President.
(2) The chairman of the Committee on Armed
Services of the House of Representatives, or his
designee.
(3) Four persons designated by the Speaker
of the House of Representatives, three of whom
shall be members of the House of Representatives
and the fourth of whom may not be a member of
the House of Representatives.
(4) The chairman of the Committee on Armed
Services of the Senate, or his designee.
(5) Three other members of the Senate
designated by the Vice President or the
President pro tempore of the Senate, two of whom
are members of the Committee on Appropriations
of the Senate.
(b)(1) The persons designated by the President serve for
three years each except that any member whose term of office
has expired shall continue to serve until his successor is
designated. The President shall designate persons each year
to succeed the members designated by the President whose
terms expire that year.
(2) At least two of the members designated by the
President shall be graduates of the Academy.
(c)(1) If a member of the Board dies or resigns or is
terminated as a member of the Board under paragraph (2), a
successor shall be designated for the unexpired portion of
the term by the official who designated the member.
(2)(A) If a member of the Board fails to attend two
successive Board meetings, except in a case in which an
absence is approved in advance, for good cause, by the Board
chairman, such failure shall be grounds for termination from
membership on the Board. A person designated for membership
on the Board shall be provided notice of the provisions of
this paragraph at the time of such designation.
(B) Termination of membership on the Board under
subparagraph (A)--
(i) in the case of a member of the Board who
is not a member of Congress, may be made by the
Board chairman; and
(ii) in the case of a member of the Board
who is a member of Congress, may be made only by
the official who designated the member.
(C) When a member of the Board is subject to termination
from membership on the Board under subparagraph (A), the
Board chairman shall notify the official who designated the
member. Upon receipt of such a notification with respect to
a member of the Board who is a member of Congress, the
official who designated the member shall take such action as
that official considers appropriate.
(d) The Board should meet at least four times a year,
with at least two of those meetings at the Academy. The
Board or its members may make other visits to the Academy in
connection with the duties of the Board. Board meetings
should last at least one full day. Board members shall have
access to the Academy grounds and the cadets, faculty,
staff, and other personnel of the Academy for the purposes
of the duties of the Board.
(e)(1) The Board shall inquire into the morale,
discipline, and social climate, the curriculum, instruction,
physical equipment, fiscal affairs, academic methods, and
other matters relating to the Academy that the Board decides
to consider.
(2) The Secretary of the Air Force and the
Superintendent of the Academy shall provide the Board candid
and complete disclosure, consistent with applicable laws
concerning disclosure of information, with respect to
institutional problems.
(3) The Board shall recommend appropriate action.
(f) The Board shall prepare a semiannual report
containing its views and recommendations pertaining to the
Academy, based on its meeting since the last such report and
any other considerations it determines relevant. Each such
report shall be submitted concurrently to the Secretary of
Defense, through the Secretary of the Air Force, and to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives.
(g) Upon approval by the Secretary, the Board may call
in advisers for consultation.
(h) While performing duties as a member of the Board,
each member of the Board and each adviser shall be
reimbursed under Government travel regulations for travel
expenses. (Aug. 10, 1956, ch. 1041, Sec. 1, 70A Stat. 567;
Dec. 23, 1980, Pub.L. 95-579, Sec. 13(c), 94 Stat. 3369;
Feb. 10, 1996, Pub.L. 104-106, Div A, Title X, Subtitle F,
Sec. 1061(e)(2), Title XV, Sec. 1502(a)(12), 110 Stat. 443,
503; Pub.L. 106-65, Div. A, Title X, Sec. 1067(1), Oct. 5,
1999, 113 Stat. 774; Pub.L. 108-375, Div. A, Title V,
Sec. 543, Oct. 28, 2004, 118 Stat. 1904; Pub.L. 109-364,
Div. A, Title X, Sec. 1071(a)(39), Oct. 17, 2006, 120 Stat.
2400.)
Chapter 1013.--BUDGET INFORMATION AND ANNUAL REPORTS TO
CONGRESS
1216 Sec. 10541. National Guard and reserve component equipment:
annual report to Congress.
(a) The Secretary of Defense shall submit to the
Congress each year, not later than February 15, a written
report concerning the equipment of the National Guard and
the reserve components of the armed forces for each of the
three succeeding fiscal years.
(b) Each report under this section shall include the
following:
(1) Recommendations as to the type and
quantity of each major item of equipment which
should be in the inventory of the Selected
Reserve of the Ready Reserve of each reserve
component of the armed forces.
(2) A statement of the quantity and average
age of each type of major item of equipment
which is expected to be physically available in
the inventory of the Selected Reserve of the
Ready Reserve of each reserve component as of
the beginning of each fiscal year covered by the
report.
(3) A statement of the quantity and cost of
each type of major item of equipment which is
expected to be procured for the Selective
Reserve of the Ready Reserve of each reserve
component from commercial sources or to be
transferred to each such Selected Reserve from
the active-duty components of the armed forces.
(4) A statement of the quantity of each type
of major item of equipment which is expected to
be retired, decommissioned, transferred, or
otherwise removed from the physical inventory of
the Selected Reserve of the Ready Reserve of
each reserve component and the plans for
replacement of that equipment.
(5) A listing of each major item of
equipment required by the Selected Reserve of
the Ready Reserve of each reserve component
indicating--
(A) the full war-time requirement of
that component for that item, shown in
accordance with deployment schedules and
requirements over successive 30-day periods
following mobilization;
(B) the number of each such item in the
inventory of the component;
(C) a separate listing of each such item
in the inventory that is a deployable item
and is not the most desired item;
(D) the number of each such item
projected to be in the inventory at the end
of the third succeeding fiscal year; and
(E) the number of nondeployable items in
the inventory as a substitute for a required
major item of equipment.
(6) A narrative explanation of the plan of
the Secretary concerned to provide equipment
needed to fill the war-time requirement for each
major item of equipment to all units of the
Selected Reserve, including an explanation of
the plan to equip units of the Selected Reserve
that are short of major items of equipment at
the outset of war.
(7) For each item of major equipment
reported under paragraph (3) in a report for one
of the three previous years under this section
as an item expected to be procured for the
Selected Reserve or to be transferred to the
Selected Reserve, the quantity of such equipment
actually procured for or transferred to the
Selected Reserve.
(8) A statement of the current status of the
compatibility of equipment between Army reserve
components and active forces of the Army, the
effect of that level of incompatibility on
combat effectiveness, and a plan to achieve full
equipment compatibility.
(c) Each report under this section shall be expressed in
the same format and with the same level of detail as the
information presented in the annual Five Year Defense
Program Procurement Annex prepared by the Department of
Defense. (Added Pub.L. 101-510, Sec. 1483(a), Nov. 5, 1990,
104 Stat. 1714 [former Sec. 115(a)(2), (3)]; amended Pub.L.
102-484, Sec. 1134, Oct. 23, 1992, 106 Stat. 2541;
transferred, redesignated Sec. 10541, and amended Pub.L.
103-337, Sec. 1661(d)(2), Oct. 5, 1994, 108 Stat. 2982.)
TITLE 12.--BANKS AND BANKING
Chapter 3.--FEDERAL RESERVE SYSTEM
Subchapter VII.--Directors of Federal Reserve Banks; Reserve
Agents and Assistants
1220 Sec. 303. Qualifications and disabilities.
No Senator * * * shall be a member of the Board of
Governors of the Federal Reserve System or an officer or a
director of a Federal Reserve bank. * * * (Dec. 23, 1913,
ch. 6, Sec. 4, 38 Stat. 255; Aug. 23, 1935, ch. 614,
Sec. 203(a), 49 Stat. 704.)
TITLE 14.--COAST GUARD
Chapter 9.--COAST GUARD ACADEMY
1225 Sec. 194. Annual Board of Visitors.
(a) In addition to the Advisory Committee, a Board of
Visitors to the Academy is established to visit the Academy
annually and to make recommendations on the operation of the
Academy.
(b) The Board shall be composed of--
(1) two Senators designated by the Chairman
of the Committee on Commerce, Science, and
Transportation of the Senate;
(2) three Members of the House of
Representatives designated by the Chairman of
the Committee on Transportation and
Infrastructure of the House of Representatives;
(3) one Senator designated by the President
of the Senate;
(4) two Members of the House of
Representatives designated by the Speaker of the
House of Representatives; and
(5) the Chairman of the Committee on
Commerce, Science, and Transportation of the
Senate and the Chairman of the Committee on
Transportation and Infrastructure of the House
of Representatives, as ex officio Members.
(c) When a Member is unable to attend the annual meeting
another Member may be designated as provided under
subsection (b).
(d) When an ex officio Member is unable to attend the
annual meeting that Member may designate another Member.
(e) Members of the Board shall be designated in the
First Session and serve for the duration of the Congress.
(f) The Board shall visit the Academy annually on the
date chosen by the Secretary. Each Member of the Board shall
be reimbursed, to the extent permitted by law, by the Coast
Guard for actual expenses incurred while engaged in duties
as a Member of the Board. (Aug. 4, 1949, ch. 393, Sec. 1, 63
Stat. 510; Nov. 16, 1990, Pub.L. 101-595, Sec. 304, 104
Stat. 2984; Pub.L. 107-295, Title IV, Sec. 408(a)(1), Nov.
25, 2002, 116 Stat. 2117.)
15 u.s.c.--commerce and trade
general and permanent laws relating to the senate
TITLE 15.--COMMERCE AND TRADE
Chapter 21.--NATIONAL POLICY ON EMPLOYMENT
1230 Sec. 1022. Economic Report of President; coverage;
supplementary reports; reference to Congressional joint
committee; percentage rate of unemployment; definitions.
(a) The President shall annually transmit to the
Congress not later than 10 days after the submission of the
budget under section 1105(a) of title 31, United States
Code, with copies transmitted to the Governor of each State
and to other appropriate State and local officials, an
economic report (hereinafter in this chapter referred to as
the ``Economic Report'') together with the annual report of
the Council of Economic Advisers submitted in accord with
section 1023(c) of this title, setting forth--
(1) the current and foreseeable trends in
the levels of employment, unemployment,
production, capital formation, real income,
Federal budget outlays and receipts,
productivity, international trade and payments,
and prices, and a review and analysis of recent
domestic and international developments
affecting economic trends in the Nation;
(2)(A) annual numerical goals for employment
and unemployment, production, real income,
productivity, Federal outlays as a proportion of
gross national product, and prices for the
calendar year in which the Economic Report is
transmitted and for the following calendar year,
designated as short-term goals, which shall be
consistent with achieving as rapidly as feasible
the goals of full employment and production,
increased real income, balanced growth, fiscal
policies that would establish the share of an
expanding gross national product accounted for
by Federal outlays at the lowest level
consistent with national needs and priorities, a
balanced Federal budget, adequate productivity
growth, price stability, achievement of an
improved trade balance, and proper attention to
national priorities; and
(B) annual numerical goals as specified in
subparagraph (A) for the three successive
calendar years, designated as medium term goals;
(3) employment objectives for certain
significant subgroups of the labor force,
including youth, women, minorities, handicapped
persons, veterans, and middle-aged and older
persons; and
(4) a program for carrying out the policy
declared in section 1021 of this title, together
with such recommendations for legislation as the
President may deem necessary or desirable.
(b) The President may transmit from time to time to the
Congress reports supplementary to the Economic Report, each
of which shall include such supplementary or revised
recommendations as he may deem necessary or desirable to
achieve the policy declared in section 1021 of this title.
(c) The Economic Report, and all supplementary reports
transmitted under subsection (b) of this section, shall,
when transmitted to Congress, be referred to the joint
committee created by section 1024 of this title.
(d) For the purposes of the Full Employment and Balanced
Growth Act of 1978, [15 U.S.C.A. Sec. 3101 et seq.], the
percentage rate of unemployment as a percentage of the
civilian labor force as set forth by the Bureau of Labor
Statistics in the Department of Labor as computed under the
procedures in effect as of October 27, 1978.
(e) For the purpose of the Full Employment and Balanced
Growth Act of 1978, [15 U.S.C.A. Sec. 3101 et seq.], the
terms ``inflation'', ``prices'', and ``reasonable price
stability'' refer to the rate of change or level of the
consumer price index as set forth by the Bureau of Labor
Statistics, United States Department of Labor. (Feb. 20,
1946, ch. 33, Sec. 3, 60 Stat. 24; Aug. 2, 1946, ch. 753,
Sec. 226, 60 Stat. 838; June 18, 1956, ch. 399, Sec. 1, 70
Stat. 289; Oct. 27, 1978, Pub.L. 95-523, Sec. 103, 92 Stat.
1892; May 10, 1979, Pub.L. 96-10, Sec. 6(d), 93 Stat. 24;
Nov. 5, 1990, Pub.L. 101-508, Title XIII, Sec. 13112(e), 104
Stat. 1388.)
1231 Sec. 1024. Joint Economic Committee.
(a) There is established a Joint Economic Committee, to
be composed of ten Members of the Senate, to be appointed by
the President of the Senate, and ten Members of the House of
Representatives, to be appointed by the Speaker of the House
of Representatives. In each case, the majority party shall
be represented by six Members and the minority party shall
be represented by four Members.
(b) It shall be the function of the joint committee--
(1) to make a continuing study of matters
relating to the Economic Report;
(2) to study means of coordinating programs
in order to further the policy of this chapter;
and
(3) as a guide to the several committees of
the Congress dealing with legislation relating
to the Economic Report, not later than March 1
of each year (beginning with the year 1947) to
file a report with the Senate and the House of
Representatives containing its findings and
recommendations with respect to each of the main
recommendations made by the President in the
Economic Report, and from time to time to make
such other reports and recommendations to the
Senate and House of Representatives as it deems
advisable.
(c) Vacancies in the membership of the joint committee
shall not affect the power of the remaining members to
execute the functions of the joint committee, and shall be
filled in the same manner as in the case of the original
selection. The joint committee shall select a chairman and a
vice chairman from among its members.
(d) The joint committee, or any duly authorized
subcommittee thereof, is authorized to hold such hearings as
it deems advisable, and, within the limitations of its
appropriations, the joint committee is empowered to appoint
and fix the compensation of such experts, consultants,
technicians, and clerical and stenographic assistants, to
procure such printing and binding, and to make such
expenditures, as it deems necessary and advisable. The cost
of stenographic services to report hearings of the joint
committee, or any subcommittee thereof, shall not exceed 25
cents per hundred words. The joint committee is authorized
to utilize the services, information, and facilities of the
departments and establishments of the Government, and also
of private research agencies.
(e) To enable the joint committee to exercise its
powers, functions, and duties there are authorized to be
appropriated for each fiscal year such sums as may be
necessary, to be disbursed by the Secretary of the Senate on
vouchers signed by the chairman or vice chairman, except
that vouchers shall not be required for the disbursement of
salaries of employees paid at an annual rate.
(f) Service of one individual, until the completion of
the investigation authorized by Senate Concurrent Resolution
26, Eighty-first Congress, as an attorney or expert for the
joint committee, in any business or professional field, on a
part-time basis, with or without compensation, shall not be
considered as service or employment bringing such individual
within the provisions of sections 281, 283, or 284 of title
18, or of any other Federal law imposing restrictions,
requirements, or penalties in relation to the employment of
persons, the performance of services, or the payment or
receipt of compensation in connection with any claim,
proceeding, or matter involving the United States. (Feb. 20,
1946, ch. 33, Sec. 5, 60 Stat. 25; Aug. 2, 1946, ch. 753,
Sec. 225, 60 Stat. 838; Feb. 2, 1948, ch. 42, 62 Stat. 16,
Oct. 6, 1949, ch. 627, Sec. Sec. 1, 2, 63 Stat. 721; June
18, 1956, ch. 399, Sec. 2, 70 Stat. 290; Feb. 17, 1959,
Pub.L. 86-1, 73 Stat. 3; Oct. 13, 1964, Pub.L. 88-661, 78
Stat. 1093; Jan. 25, 1967, Pub.L. 90-2, 81 Stat. 4; Dec. 27,
1974, Pub.L. 93-554, Sec. 101, 88 Stat. 1776.) (Note:
Section 5 of act of February 20, 1946, ch. 33, 60 Stat. 25
was redesignated Section 11 by Pub.L. 95-523, Title I,
Sec. 104, Oct. 27, 1978, 92 Stat. 1893.)
1232 Sec. 1025. Printing of monthly publication by Joint Economic
Committee entitled ``Economic Indicators'';
distribution.
The Joint Economic Committee is authorized to issue a
monthly publication entitled ``Economic Indicators'', and a
sufficient quantity shall be printed to furnish one copy to
each Member of Congress; the Secretary and the Sergeant at
Arms of the Senate; the Clerk, Sergeant at Arms, and Chief
Administrative Officer of the House of Representatives; two
copies to the libraries of the Senate and House, and the
Congressional Library; seven hundred copies to the Joint
Economic Committee; and the required number of copies to the
Superintendent of Documents for distribution to depository
libraries; and the Superintendent of Documents is authorized
to have copies printed for sale to the public. (June 23,
1949, ch. 237, 63 Stat. 264; Pub.L. 104-186, Title II,
Sec. 217, Aug. 20, 1996, 110 Stat. 1747.)
18 u.s.c.--crimes and criminal procedure
general and permanent laws relating to the senate
TITLE 18.--CRIMES AND CRIMINAL PROCEDURE
Chapter 11.--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST
1240 Sec. 201. Bribery of public officials and witnesses.
(a) For the purpose of this section--
(1) the term ``public official'' means
Member of Congress, Delegate, or Resident
Commissioner, either before or after such
official has qualified, or an officer or
employee or person acting for or on behalf of
the United States, or any department, agency or
branch of Government thereof, including the
District of Columbia, in any official function,
under or by authority of any such department,
agency, or branch of Government, or a juror;
(2) the term ``person who has been selected
to be a public official'' means any person who
has been nominated or appointed to be a public
official, or has been officially informed that
such person will be so nominated or appointed;
and
(3) the term ``official act'' means any
decision or action on any question, matter,
cause, suit, proceeding or controversy, which
may at any time be pending, or which may by law
be brought before any public official, in such
official's official capacity, or in such
official's place of trust or profit.
(b) Whoever--
(1) directly or indirectly, corruptly gives,
offers or promises anything of value to any
public official or person who has been selected
to be a public official, or offers or promises
any public official or any person who has been
selected to be a public official to give
anything of value to any other person or entity,
with intent--
(A) to influence any official act; or
(B) to influence such public official or
person who has been selected to be a public
official to commit or aid in committing, or
collude in, or allow, any fraud, or make
opportunity for the commission of any fraud,
on the United States; or
(C) to induce such public official or
such person who has been selected to be a
public official to do or omit to do any act
in violation of the lawful duty of such
official or person;
(2) being a public official or person
selected to be a public official, directly or
indirectly, corruptly demands, seeks, receives,
accepts, or agrees to receive or accept anything
of value personally or for any other person or
entity, in return for--
(A) being influenced in the performance
of any official act;
(B) being influenced to commit or aid in
committing, or to collude in, or allow, any
fraud, or make opportunity for the
commission of any fraud, on the United
States; or
(C) being induced to do or omit to do
any act in violation of the official duty of
such official or person;
(3) directly or indirectly, corruptly gives,
offers, or promises anything of value to any
person, or offers or promises such person to
give anything of value to any other person or
entity, with intent to influence the testimony
under oath or affirmation of such first-
mentioned person as a witness upon a trial,
hearing, or other proceeding, before any court,
any committee of either House or both Houses of
Congress, or any agency, commission, or officer
authorized by the laws of the United States to
hear evidence or take testimony, or with intent
to influence such person to absent himself
therefrom;
(4) directly or indirectly, corruptly
demands, seeks, receives, accepts, or agrees to
receive or accept anything of value personally
or for any other person or entity in return for
being influenced in testimony under oath or
affirmation as a witness upon any such trial,
hearing, or other proceeding, or in return for
absenting himself therefrom;
shall be fined under this title or not more than three times
the monetary equivalent of the thing of value, whichever is
greater, or imprisoned for not more than fifteen years, or
both, and may be disqualified from holding any office of
honor, trust, or profit under the United States.
(c) Whoever--
(1) otherwise than as provided by law for
the proper discharge of official duty--
(A) directly or indirectly gives,
offers, or promises anything of value to any
public official, former public official, or
person selected to be a public official, for
or because of any official act performed or
to be performed by such public official,
former public official, or person selected
to be a public official; or
(B) being a public official, former
public official, or person selected to be a
public official, otherwise than as provided
by law for the proper discharge of official
duty, directly or indirectly demands, seeks,
receives, accepts, or agrees to receive or
accept anything of value personally for or
because of any official act performed or to
be performed by such official or person;
(2) directly or indirectly, gives, offers,
or promises anything of value to any person, for
or because of the testimony under oath or
affirmation given or to be given by such person
as a witness upon a trial, hearing, or other
proceeding, before any court, any committee of
either House or both Houses of Congress, or any
agency, commission, or officer authorized by the
laws of the United States to hear evidence or
take testimony, or for or because of such
person's absence therefrom;
(3) directly or indirectly, demands, seeks,
receives, accepts, or agrees to receive or
accept anything of value personally for or
because of the testimony under oath or
affirmation given or to be given by such person
as a witness upon any such trial, hearing, or
other proceeding, or for or because of such
person's absence therefrom;
shall be fined under this title or imprisoned for not more
than two years, or both.
(d) Paragraphs (3) and (4) of subsection (b) and
paragraphs (2) and (3) of subsection (c) shall not be
construed to prohibit the payment or receipt of witness fees
provided by law, or the payment, by the party upon whose
behalf a witness is called and receipt by a witness, of the
reasonable cost of travel and subsistence incurred and the
reasonable value of time lost in attendance at any such
trial, hearing, or proceeding, or in the case of expert
witnesses, a reasonable fee for time spent in the
preparation of such opinion, and in appearing and
testifying.
(e) The offenses and penalties prescribed in this
section are separate from and in addition to those
prescribed in sections 1503, 1504, and 1505 of this title.
(Oct. 23, 1962; Pub.L. 87-849, Sec. 1(a), 76 Stat. 1119, and
amended Pub.L. 91-405, Title II, Sec. 204(d)(1), Sept. 22,
1970, 84 Stat. 853; Pub.L. 99-646, Sec. 46(a), Nov. 10,
1986, 100 Stat. 3601-3604; Sept. 13, 1994, Pub.L. 103-322,
Sec. 330016(2)(D), 108 Stat. 2148.)
1241 Sec. 202. Definitions.
(a) For the purpose of sections 203, 205, 207, 208, and
209 of this title the term ``special Government employee''
shall mean an officer or employee of the executive or
legislative branch of the United States Government, of any
independent agency of the United States or of the District
of Columbia, who is retained, designated, appointed, or
employed to perform, with or without compensation, for not
to exceed one hundred and thirty days during any period of
three hundred and sixty-five consecutive days, temporary
duties either on a full-time or intermittent basis, or a
part-time United States commissioner, a part-time United
States magistrate, or, regardless of the number of days of
appointment, an independent counsel appointed under chapter
40 of title 28 and any person appointed by that independent
counsel under section 594(c) of title 28. Notwithstanding
the next preceding sentence, every person serving as a part-
time local representative of a Member of Congress in the
Member's home district or State shall be classified a
special Government employee. Notwithstanding section 29 (c)
and (d) of the Act of August 10, 1956 (70A Stat. 632; 5
U.S.C. 30r (c) and (d)),\1\ a Reserve Officer of the Armed
Forces, or an officer of the National Guard of the United
States, unless otherwise an officer or employee of the
United States, shall be classified as a special Government
employee while on active duty solely for training. A Reserve
officer of the Armed Forces or an officer of the National
Guard of the United States who is voluntarily serving a
period of extended active duty in excess of one hundred and
thirty days shall be classified as an officer of the United
States within the meaning of section 203 and sections 205
through 209 and 218. A Reserve officer of the Armed Forces
or an officer of the National Guard of the United States who
is serving involuntarily shall be classified as a special
Government employee. The terms ``officer or employee'' and
``special Government employee'' as used in sections 203,
205, 207 through 209, and 218, shall not include enlisted
members of the Armed Forces.
\1\Section 30r (c) and (d) of title 5, United States
Code, is now contained in sections 502, 2105(d), and
5534 of that title.
(b) For the purposes of sections 205 and 207 of this
title, the term ``official responsibility'' means the direct
administrative or operating authority, whether intermediate
or final, and either exercisable alone or with others, and
either personally or through subordinates, to approve,
disapprove, or otherwise direct Government action.
(c) Except as otherwise provided in such sections, the
terms ``officer'' and ``employee'' in sections 203, 205, 207
through 209, and 218 of this title shall not include the
President, the Vice President, a Member of Congress, or a
Federal judge.
(d) The term ``Member of Congress'' in sections 204 and
207 means--
(1) A United States Senator; and
(2) a Representative in, or a Delegate or
Resident Commissioner to, the House of
Representatives.
(e) As used in this chapter, the term--
(1) ``executive branch'' includes each
executive agency as defined in title 5, and any
other entity or administrative unit in the
executive branch;
(2) ``judicial branch'' means the Supreme
Court of the United States; the United States
courts of appeals; the United States district
courts; the Court of International Trade; the
United States bankruptcy courts; any court
created pursuant to article I of the United
States Constitution, including the Court of
Appeals for the Armed Forces, the United States
Court of Federal Claims, and the United States
Tax Court, but not including a court of a
territory or possession of the United States;
the Federal Judicial Center, and any other
agency, office, or entity in the judicial
branch; and
(3) ``legislative branch'' means--
(A) the Congress; and
(B) the Office of the Architect of the
Capitol, the United States Botanic Garden,
the Government Accountability Office, the
Government Printing Office, the Library of
Congress, the Office of Technology
Assessment, the Congressional Budget Office,
the United States Capitol Police, and any
other agency, entity, office, or commission
established in the legislative branch. (June
25, 1948, ch. 645, Sec. 1, 62 Stat. 691;
Oct. 23, 1962, Pub.L. 87-849, 76 Stat. 1121;
Oct. 17, 1968, Pub.L. 90-578, Sec. 301(b),
82 Stat. 1115; Pub.L. 100-191, Sec. 3(a),
Dec. 15, 1987, 101 Stat. 1306; Pub.L. 101-
194, Title IV, Sec. 401, Nov. 30, 1989, 103
Stat. 1747; Pub.L. 101-280, Sec. 5(a), May
4, 1990, 104 Stat. 158; Pub.L. 102-572,
Sec. 902(b)(1), Oct. 29, 1992, 106 Stat.
4516; Pub.L. 103-337, Sec. 924(d)(1), Oct.
5, 1994, 108 Stat. 2832; Pub.L. 108-271,
Sec. 8(b), July 7, 2004, 118 Stat. 814.)
1242 Sec. 203. Compensation to Members of Congress, officers, and
others in matters affecting the Government.
(a) Whoever, otherwise than as provided by law for the
proper discharge of official duties, directly or
indirectly--
(1) demands, seeks, receives, accepts, or
agrees to receive or accept any compensation for
any representational services, as agent or
attorney or otherwise, services rendered or to
be rendered either personally or by another--
(A) at a time when such person is a
Member of Congress, Member of Congress
Elect, Delegate, Delegate Elect, Resident
Commissioner, or Resident Commissioner
Elect; or
(B) at a time when such person is an
officer or employee or Federal judge of the
United States in the executive, legislative,
or judicial branch of the Government, or in
any agency of the United States,
in relation to any proceeding, application, request
for a ruling or other determination, contract,
claim, controversy, charge, accusation, arrest, or
other particular matter in which the United States
is a party or has a direct and substantial interest,
before any department, agency, court, court-martial,
officer, or any civil, military, or naval
commission; or
(2) knowingly gives, promises, or offers any
compensation for any such representational
services rendered or to be rendered at a time
when the person to whom the compensation is
given, promised, or offered, is or was such a
Member, Member Elect, Delegate, Delegate Elect,
Commissioner, Commissioner Elect, Federal judge,
officer, or employee;
shall be subject to the penalties set forth in section 216
of this title.
(b) Whoever, otherwise than as provided by law for the
proper discharge of official duties, directly or
indirectly--
(1) demands, seeks, receives, accepts, or
agrees to receive or accept any compensation for
any representational services, as agent or
attorney or otherwise, rendered or to be
rendered either personally or by another, at a
time when such person is an officer or employee
of the District of Columbia, in relation to any
proceeding, application, request for a ruling or
other determination, contract, claim,
controversy, charge, accusation, arrest, or
other particular matter in which the District of
Columbia is a party or has a direct and
substantial interest, before any department,
agency, court, officer, or commission; or
(2) knowingly gives, promises, or offers any
compensation for any such representational
services rendered or to be rendered at a time
when the person to whom the compensation is
given, promised, or offered, is or was an
officer or employee of the District of Columbia;
shall be subject to the penalties set forth in section 216
of this title.
(c) A special Government employee shall be subject to
subsection (a) only in relation to a particular matter
involving a specific party or parties--
(1) in which such employee has at any time
participated personally and substantially as a
Government employee or as a special Government
employee through decision, approval,
disapproval, recommendation, the rendering of
advice, investigation or otherwise; or
(2) which is pending in the department or
agency of the Government in which such employee
is serving except that paragraph (2) of this
subsection shall not apply in the case of a
special Government employee who has served in
such department or agency no more than sixty
days during the immediately preceding period of
three hundred and sixty-five consecutive days.
(d) Nothing in this section prevents an officer or
employee, including a special Government employee, from
acting, with or without compensation, as agent or attorney
for or otherwise representing his parents, spouse, child, or
any person for whom, or for any estate for which, he is
serving as guardian, executor, administrator, trustee, or
other personal fiduciary except--
(1) in those matters in which he has
participated personally and substantially as a
Government employee or as a special Government
employee through decision, approval,
disapproval, recommendation, the rendering of
advice, investigation, or otherwise; or
(2) in those matters that are the subject of
his official responsibility,
subject to approval by the Government official responsible
for appointment to his position.
(e) Nothing in this section prevents a special
Government employee from acting as agent or attorney for
another person in the performance of work under a grant by,
or a contract with or for the benefit of, the United States
if the head of the department or agency concerned with the
grant or contract certifies in writing that the national
interest so requires and publishes such certification in the
Federal Register.
(f) Nothing in this section prevents an individual from
giving testimony under oath or from making statements
required to be made under penalty of perjury. (Oct. 23,
1962, Pub.L. 87-849, Sec. 1(a), 76 Stat. 1121, and amended
Pub.L. 91-405, Title II, Sec. 204(d)(2), (3), Sept. 22,
1970, 84 Stat. 853; Pub.L. 99-646, Sec. 47(a), Nov. 10,
1986, 100 Stat. 3604, 3605; Pub.L. 101-194, Title IV,
Sec. 402, Nov. 30, 1989, 103 Stat. 1748; Pub.L. 101-280,
Sec. 5(b), May 4, 1990, 104 Stat. 159.)
1243 Sec. 204. Practice in United States Court of Federal Claims
or the United States Court of Appeals for the Federal
Circuit by Members of Congress.
Whoever, being a Member of Congress or Member of
Congress Elect, practices in the United States Court of
Federal Claims or the United States Court of Appeals for the
Federal Circuit shall be subject to the penalties set forth
in section 216 of this title. (June 25, 1948, ch. 645, 62
Stat. 697; Oct. 23, 1962; Pub.L. 87-849, 76 Stat. 1122;
Sept. 22, 1970; Pub.L. 91-405, Sec. 204(d), 84 Stat. 853;
Pub.L. 97-164, Sec. 147, Apr. 2, 1982, 96 Stat. 45; Pub.L.
101-194, Title IV, Sec. 403, Nov. 30, 1989, 103 Stat. 1749;
Pub.L. 102-572, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat.
4516.)
1244 Sec. 205. Activities of officers and employees in claims
against and other matters affecting the Government.
(a) Whoever, being an officer or employee of the United
States in the executive, legislative, or judicial branch of
the Government or in any agency of the United States, other
than in the proper discharge of his official duties--
(1) acts as agent or attorney for
prosecuting any claim against the United States,
or receives any gratuity, or any share of or
interest in any such claim, in consideration of
assistance in the prosecution of such claim; or
(2) acts as agent or attorney for anyone
before any department, agency, court, court-
martial, officer, or civil, military, or naval
commission in connection with any covered matter
in which the United States is a party or has a
direct and substantial interest;
shall be subject to the penalties set forth in section 216
of this title.
(b) Whoever, being an officer or employee of the
District of Columbia or an officer or employee of the Office
of the United States Attorney for the District of Columbia,
otherwise than in the proper discharge of official duties--
(1) acts as agent or attorney for
prosecuting any claim against the District of
Columbia, or receives any gratuity, or any share
of or interest in any such claim in
consideration of assistance in the prosecution
of such claim; or
(2) acts as agent or attorney for anyone
before any department, agency, court, officer,
or commission in connection with any covered
matter in which the District of Columbia is a
party or has a direct and substantial interest;
shall be subject to the penalties set forth in section 216
of this title.
(c) A special Government employee shall be subject to
subsections (a) and (b) only in relation to a covered matter
involving a specific party or parties--
(1) in which he has at any time participated
personally and substantially as a Government
employee or special Government employee through
decision, approval, disapproval, recommendation,
the rendering of advice, investigation, or
otherwise; or
(2) which is pending in the department or
agency of the Government in which he is serving.
Paragraph (2) shall not apply in the case of a special
Government employee who has served in such department or
agency no more than sixty days during the immediately
preceding period of three hundred and sixty-five consecutive
days.
(d)(1) Nothing in subsection (a) or (b) prevents an
officer or employee, if not inconsistent with the faithful
performance of that officer's or employee's duties, from
acting without compensation as agent or attorney for, or
otherwise representing--
(A) any person who is the subject of
disciplinary, loyalty, or other personnel
administration proceedings in connection with
those proceedings; or
(B) except as provided in paragraph (2), any
cooperative, voluntary, professional,
recreational, or similar organization or group
not established or operated for profit, if a
majority of the organization's or group's
members are current officers or employees of the
United States or of the District of Columbia, or
their spouses or dependent children.
(2) Paragraph (1)(B) does not apply with respect to a
covered matter that--
(A) is a claim under subsection (a)(1) or
(b)(1);
(B) is a judicial or administrative
proceeding where the organization or group is a
party; or
(C) involves a grant, contract, or other
agreement (including a request for any such
grant, contract, or agreement) providing for the
disbursement of Federal funds to the
organization or group.
(e) Nothing in subsection (a) or (b) prevents an officer
or employee, including a special Government employee, from
acting, with or without compensation, as agent or attorney
for, or otherwise representing, his parents, spouse, child,
or any person for whom, or for any estate for which, he is
serving as guardian, executor, administrator, trustee, or
other personal fiduciary except--
(1) in those matters in which he has
participated personally and substantially as a
Government employee or special Government
employee through decision, approval,
disapproval, recommendation, the rendering of
advice, investigation, or otherwise, or
(2) in those matters which are the subject
of his official responsibility,
subject to approval by the Government official responsible
for appointment to his position.
(f) Nothing in subsection (a) or (b) prevents a special
Government employee from acting as agent or attorney for
another person in the performance of work under a grant by,
or a contract with or for the benefit of, the United States
if the head of the department or agency concerned with the
grant or contract certifies in writing that the national
interest so requires and publishes such certification in the
Federal Register.
(g) Nothing in this section prevents an officer or
employee from giving testimony under oath or from making
statements required to be made under penalty for perjury or
contempt.
(h) For the purpose of this section, the term ``covered
matter'' means any judicial or other proceeding,
application, request for a ruling or other determination,
contract, claim, controversy, investigation, charge,
accusation, arrest, or other particular matter.
(i) Nothing in this section prevents an employee from
acting pursuant to--
(1) chapter 71 of title 5;
(2) section 1004 or chapter 12 of title 39;
(3) section 3 of the Tennessee Valley
Authority Act of 1933 (16 U.S.C. 831b);
(4) chapter 10 of title I of the Foreign
Service Act of 1980 (22 U.S.C. 4104 et seq.); or
(5) any provision of any other Federal or
District of Columbia law that authorizes labor-
management relations between an agency or
instrumentality of the United States or the
District of Columbia and any labor organization
that represents its employees.
(Added Pub.L. 87-849, Sec. 1(a), October 23, 1962, 76 Stat.
1122, and amended Pub.L. 101-194, Title IV, Sec. 404, Nov.
30, 1989, 103 Stat. 1750; Pub.L. 101-280, Sec. 5(c), May 4,
1990, 104 Stat. 159; Pub.L. 104-177, Sec. 2, Aug. 6, 1996,
110 Stat. 1563; Pub.L. 107-273, Div. B, Title IV, Sec.
4002(a)(9), Nov. 2, 2002, 116 Stat. 1807.)
1245 Sec. 207. Restrictions on former officers, employees, and
elected officials of the executive and legislative
branches.
(a) Restrictions on all officers and employees of the
executive branch and certain other agencies--
(1) Permanent restrictions on representation
on particular matters.--Any person who is an
officer or employee (including any special
Government employee) of the executive branch of
the United States (including any independent
agency of the United States), or of the District
of Columbia, and who, after the termination of
his or her service or employment with the United
States or the District of Columbia, knowingly
makes, with the intent to influence, any
communication to or appearance before any
officer or employee of any department, agency,
court, or court-martial of the United States or
the District of Columbia, on behalf of any other
person (except the United States or the District
of Columbia) in connection with a particular
matter--
(A) in which the United States or the
District of Columbia is a party or has a
direct and substantial interest,
(B) in which the person participated
personally and substantially as such officer
or employee, and
(C) which involved a specific party or
specific parties at the time of such
participation,
shall be punished as provided in section 216 of this
title.
(2) Two-year restrictions concerning
particular matters under official
responsibility.--Any person subject to the
restrictions contained in paragraph (1) who,
within 2 years after the termination of his or
her service or employment with the United States
or the District of Columbia, knowingly makes,
with the intent to influence, any communication
to or appearance before any officer or employee
of any department, agency, court, or court-
martial of the United States or the District of
Columbia, on behalf of any other person (except
the United States or the District of Columbia),
in connection with a particular matter--
(A) in which the United States or the
District of Columbia is a party or has a
direct and substantial interest,
(B) which such person knows or
reasonably should know was actually pending
under his or her official responsibility as
such officer or employee within a period of
1 year before the termination of his or her
service or employment with the United States
or the District of Columbia, and
(C) which involved a specific party or
specific parties at the time it was so
pending,
shall be punished as provided in section 216 of this
title.
(3) Clarification of restrictions.--The
restrictions contained in paragraphs (1) and (2)
shall apply--
(A) in the case of an officer or
employee of the executive branch of the
United States (including any independent
agency), only with respect to communications
to or appearances before any officer or
employee of any department, agency, court,
or court-martial of the United States on
behalf of any other person (except the
United States), and only with respect to a
matter in which the United States is a party
or has a direct and substantial interest;
and
(B) in the case of an officer or
employee of the District of Columbia, only
with respect to communications to or
appearances before any officer or employee
of any department, agency or court of the
District of Columbia on behalf of any other
person (except the District of Columbia),
and only with respect to a matter in which
the District of Columbia is a party or has a
direct and substantial interest.
(b) One-year restrictions on aiding or advising--
(1) In general.--Any person who is a former
officer or employee of the executive branch of
the United States (including any independent
agency) and is subject to the restrictions
contained in subsection (a)(1), or any person
who is a former officer or employee of the
legislative branch or a former Member of
Congress, who personally and substantially
participated in any ongoing trade or treaty
negotiation on behalf of the United States
within the 1-year period preceding the date on
which his or her service or employment with the
United States terminated, and who had access to
information concerning such trade or treaty
negotiation which is exempt from disclosure
under section 552 of title 5, which is so
designated by the appropriate department or
agency, and which the person knew or should have
known was so designated, shall not, on the basis
of that information, knowingly represent, aid,
or advise any other person (except the United
States) concerning such ongoing trade or treaty
negotiation for a period of 1 year after his or
her service or employment with the United States
terminates. Any person who violates this
subsection shall be punished as provided in
section 216 of this title.
(2) Definition.--For purposes of this
paragraph--
(A) the term ``trade negotiation'' means
negotiations which the President determines
to undertake to enter into a trade agreement
pursuant to section 1102 of the Omnibus
Trade and Competitiveness Act of 1988, and
does not include any action taken before
that determination is made; and
(B) the term ``treaty'' means an
international agreement made by the
President that requires the advice and
consent of the Senate.
(c) One-year restrictions on certain senior personnel of
the executive branch and independent agencies--
(1) Restrictions.--In addition to the
restrictions set forth in subsections (a) and
(b), any person who is an officer or employee
(including any special Government employee) of
the executive branch of the United States
(including an independent agency), who is
referred to in paragraph (2), and who, within 1
year after the termination of his or her service
or employment as such officer or employee,
knowingly makes, with the intent to influence,
any communication to or appearance before any
officer or employee of the department or agency
in which such person served within 1 year before
such termination, on behalf of any other person
(except the United States), in connection with
any matter on which such person seeks official
action by any officer or employee of such
department or agency, shall be punished as
provided in section 216 of this title.
(2) Persons to whom restrictions apply--
(A) Paragraph (1) shall apply to a
person (other than a person subject to the
restrictions of subsection (d))--
(i) employed at a rate of pay
specified in or fixed according to
subchapter II of chapter 53 of title
5,
``(ii) employed in a position
which is not referred to in clause
(i) and for which that person is
paid at a rate of basic pay which is
equal to or greater than 86.5
percent of the rate of basic pay for
level II of the Executive Schedule,
or, for a period of 2 years
following the enactment of the
National Defense Authorization Act
for Fiscal Year 2004, a person who,
on the day prior to the enactment of
that Act, was employed in a position
which is not referred to in clause
(i) and for which the rate of basic
pay, exclusive of any locality-based
pay adjustment under section 5304 or
section 5304a of title 5, was equal
to or greater than the rate of basic
pay payable for level 5 of the
Senior Executive Service on the day
prior to the enactment of that
Act,''.
(iii) appointed by the President
to a position under section
105(a)(2)(B) of title 3 or by the
Vice President to a position under
section 106(a)(1)(B) of title 3, or
(iv) employed in a position
which is held by an active duty
commissioned officer of the
uniformed services who is serving in
a grade or rank for which the pay
grade (as specified in section 201
of title 37) is pay grade O-7 or
above; or
(v) assigned from a private
sector organization to an agency
under chapter 37 of title 5.
(B) Paragraph (1) shall not apply to a
special Government employee who serves less
than 60 days in the 1-year period before his
or her service or employment as such
employee terminates.
(C) At the request of a department or
agency, the Director of the Office of
Government Ethics may waive the restrictions
contained in paragraph (1) with respect to
any position, or category of positions,
referred to in clause (ii) or (iv) of
subparagraph (A), in such department or
agency if the Director determines that--
(i) the imposition of the
restrictions with respect to such
position or positions would create
an undue hardship on the department
or agency in obtaining qualified
personnel to fill such position or
positions, and
(ii) granting the waiver would
not create the potential for use of
undue influence or unfair advantage.
(d) Restrictions on very senior personnel of the
executive branch and independent agencies--
(1) Restrictions.--In addition to the
restrictions set forth in subsections (a) and
(b), any person who--
(A) serves in the position of Vice
President of the United States,
(B) is employed in a position in the
executive branch of the United States
(including any independent agency) at a rate
of pay payable for level I of the Executive
Schedule or employed in a position in the
Executive Office of the President at a rate
of pay payable for level II of the Executive
Schedule, or
(C) is appointed by the President to a
position under section 105(a)(2)(A) of title
3 or by the Vice President to a position
under section 106(a)(1)(A) of title 3,
and who, within 2 years after the termination of
that person's service in that position, knowingly
makes, with the intent to influence, any
communication to or appearance before any person
described in paragraph (2), on behalf of any other
person (except the United States), in connection
with any matter on which such person seeks official
action by any officer or employee of the executive
branch of the United States, shall be punished as
provided in section 216 of this title.
(2) Persons who may not be contacted.--The
persons referred to in paragraph (1) with
respect to appearances or communications by a
person in a position described in subparagraph
(A), (B), or (C) of paragraph (1) are--
(A) Any officer or employee of any
department or agency in which such person
served in such position within a period of 1
year before such person's service or
employment with the United States Government
terminated, and
(B) any person appointed to a position
in the executive branch which is listed in
section 5312, 5313, 5314, 5315, or 5316 of
title 5.
(e) Restrictions on Members of Congress and officers and
employees of the legislative branch--
(1) Members of Congress and elected officers
of the house--
(A) Senators.--Any person who is a
Senator and who, within 2 years after that
person leaves office, knowingly makes, with
the intent to influence, any communication
to or appearance before any Member, officer,
or employee of either House of Congress or
any employee of any other legislative office
of the Congress, on behalf of any other
person (except the United States) in
connection with any matter on which such
former Senator seeks action by a Member,
officer, or employee of either House of
Congress, in his or her official capacity,
shall be punished as provided in section 216
of this title.
(B) Members and officers of the House of
Representatives.--(i) Any person who is a
Member of the House of Representatives or an
elected officer of the House of
Representatives and who, within 1 year after
that person leaves office, knowingly makes,
with the intent to influence, any
communication to or appearance before any of
the persons described in clause (ii) or
(iii), on behalf of any other person (except
the United States) in connection with any
matter on which such former Member of
Congress or elected officer seeks action by
a Member, officer, or employee of either
House of Congress, in his or her official
capacity, shall be punished as provided in
section 216 of this title.
(ii) The persons referred to in clause
(i) with respect to appearances or
communications by a former Member of the
House of Representatives are any Member,
officer, or employee of either House of
Congress and any employee of any other
legislative office of the Congress.
(iii) The persons referred to in clause
(i) with respect to appearances or
communications by a former elected officer
are any Member, officer, or employee of the
House of Representatives.
(2) Officers and staff of the Senate.--Any
person who is an elected officer of the Senate,
or an employee of the Senate to whom paragraph
(7)(A) applies, and who, within 1 year after
that person leaves office or employment,
knowingly makes, with the intent to influence,
any communication to or appearance before any
Senator or any officer or employee of the
Senate, on behalf of any other person (except
the United States) in connection with any matter
on which such former elected officer or former
employee seeks action by a Senator or an officer
or employee of the Senate, in his or her
official capacity, shall be punished as provided
in section 216 of this title.
(3) Personal staff--
(A) Any person who is an employee of a
Member of the House of Representatives to
whom paragraph (7)(A) applies and who,
within 1 year after the termination of that
employment, knowingly makes, with the intent
to influence, any communication to or
appearance before any of the persons
described in subparagraph (B), on behalf of
any other person (except the United States)
in connection with any matter on which such
former employee seeks action by a Member,
officer, or employee of either House of
Congress, in his or her official capacity,
shall be punished as provided in section 216
of this title.
(B) The persons referred to in
subparagraph (A) with respect to appearances
or communications by a person who is a
former employee are the following:
(i) the Member of the House of
Representatives for whom that person
was an employee; and
(ii) any employee of that Member
of the House of Representatives.
(4) Committee staff.--Any person who is an
employee of a committee of the House of
Representatives, or an employee of a joint
committee of the Congress whose pay is disbursed
by the Clerk of the House of Representatives, to
whom paragraph (7)(A) applies and who, within 1
year after the termination of that person's
employment on such committee or joint committee
(as the case may be), knowingly makes, with the
intent to influence, any communication to or
appearance before any person who is a Member or
an employee of that committee or joint committee
(as the case may be) or who was a Member of the
committee or joint committee (as the case may
be) in the year immediately prior to the
termination of such person's employment by the
committee or joint committee (as the case may
be), on behalf of any other person (except the
United States) in connection with any matter on
which such former employee seeks action by a
Member, officer, or employee of either House of
Congress, in his or her official capacity, shall
be punished as provided in section 216 of this
title.
(5) Leadership staff.--(A) Any person who is
an employee on the leadership staff of the House
of Representatives to whom paragraph (7)(A)
applies and who, within 1 year after the
termination of that person's employment on such
staff, knowingly makes, with the intent to
influence, any communication to or appearance
before any of the persons described in
subparagraph (B), on behalf of any other person
(except the United States) in connection with
any matter on which such former employee seeks
action by a Member, officer, or employee of
either House of Congress, in his or her official
capacity, shall be punished as provided in
section 216 of this title.
(B) The persons referred to in subparagraph
(A) with respect to appearances or
communications by a former employee are any
Member of the leadership of the House of
Representatives and any employee on the
leadership staff of the House of
Representatives.
(6) Other legislative offices.--(A) Any
person who is an employee of any other
legislative office of the Congress to whom
paragraph (7)(B) applies and who, within 1 year
after the termination of that person's
employment in such office, knowingly makes, with
the intent to influence, any communication to or
appearance before any of the persons described
in subparagraph (B), on behalf of any other
person (except the United States) in connection
with any matter on which such former employee
seeks action by any officer or employee of such
office, in his or her official capacity, shall
be punished as provided in section 216 of this
title.
(B) The persons referred to in subparagraph
(A) with respect to appearances or
communications by a former employee are the
employees and officers of the former legislative
office of the Congress of the former employee.
(7) Limitation on restrictions.--(A) The
restrictions contained in paragraphs (2), (3),
(4), and (5) apply only to acts by a former
employee who, for at least 60 days, in the
aggregate, during the 1-year period before that
former employee's service as such employee
terminated, was paid a rate of basic pay equal
to or greater than an amount which is 75 percent
of the basic rate of pay payable for a Member of
the House of Congress in which such employee was
employed.
(B) The restrictions contained in paragraph
(6) apply only to acts by a former employee who,
for at least 60 days, in the aggregate, during
the 1-year period before that former employee's
service as such employee terminated, was
employed in a position for which the rate of
basic pay, exclusive of any locality-based pay
adjustment under section 5302 of title 5, is
equal to or greater than the basic rate of pay
payable for level IV of the Executive Schedule.
(8) Exception.--This subsection shall not
apply to contacts with the staff of the
Secretary of the Senate or the Clerk of the
House of Representatives regarding compliance
with lobbying disclosure requirements under the
Lobbying Disclosure Act of 1995.
(9) Definitions.--As used in this
subsection--
(A) the term ``committee of Congress''
includes standing committees, joint
committees, and select committees;
(B) a person is an employee of a House
of Congress if that person is an employee of
the Senate or an employee of the House of
Representatives;
(C) the term ``employee of the House of
Representatives'' means an employee of a
Member of the House of Representatives, an
employee of a committee of the House of
Representatives, an employee of a joint
committee of the Congress whose pay is
disbursed by the Clerk of the House of
Representatives, and an employee on the
leadership staff of the House of
Representatives;
(D) the term ``employee of the Senate''
means an employee of a Senator, an employee
of a committee of the Senate, an employee of
a joint committee of the Congress whose pay
is disbursed by the Secretary of the Senate,
and an employee on the leadership staff of
the Senate;
(E) a person is an employee of a Member
of the House of Representatives if that
person is an employee of a Member of the
House of Representatives under the clerk
hire allowance;
(F) a person is an employee of a Senator
if that person is an employee in a position
in the office of a Senator;
(G) the term ``employee of any other
legislative office of the Congress'' means
an officer or employee of the Architect of
the Capitol, the United States Botanic
Garden, the Government Accountability
Office, the Government Printing Office, the
Library of Congress, the Office of
Technology Assessment, the Congressional
Budget Office, the United States Capitol
Police, and any other agency, entity, or
office in the legislative branch not covered
by paragraph (1), (2), (3), (4), or (5) of
this subsection;
(H) the term ``employee on the
leadership staff of the House of
Representatives'' means an employee of the
office of a Member of the leadership of the
House of Representatives described in
subparagraph (L), and any elected minority
employee of the House of Representatives;
(I) the term ``employee on the
leadership staff of the Senate'' means an
employee of the office of a Member of the
leadership of the Senate described in
subparagraph (M);
(J) the term ``Member of Congress''
means a Senator or a Member of the House of
Representatives;
(K) the term ``Member of the House of
Representatives'' means a Representative in,
or a Delegate or Resident Commissioner to,
the Congress;
(L) the term ``Member of the leadership
of the House of Representatives'' means the
Speaker, majority leader, minority leader,
majority whip, minority whip, chief deputy
majority whip, chief deputy minority whip,
chairman of the Democratic Steering
Committee, chairman and vice chairman of the
Democratic Caucus, chairman, vice chairman,
and secretary of the Republican Conference,
chairman of the Republican Research
Committee, and chairman of the Republican
Policy Committee, of the House of
Representatives (or any similar position
created on or after the effective date set
forth in section 102(a) of the Ethics Reform
Act of 1989);
(M) the term ``Member of the leadership
of the Senate'' means the Vice President,
and the President pro tempore, Deputy
President pro tempore, majority leader,
minority leader, majority whip, minority
whip, chairman and secretary of the
Conference of the Majority, chairman and
secretary of the Conference of the Minority,
chairman and co-chairman of the Majority
Policy Committee, and chairman of the
Minority Policy Committee, of the Senate (or
any similar position created on or after the
effective date set forth in section 102(a)
of the Ethics Reform Act of 1989).
(f) Restrictions relating to foreign entities--
(1) Restrictions.--Any person who is subject
to the restrictions contained in subsection (c),
(d), or (e) and who knowingly, within 1 year
after leaving the position, office, or
employment referred to in such subsection--
(A) represents a foreign entity before
any officer or employee of any department or
agency of the United States with the intent
to influence a decision of such officer or
employee in carrying out his or her official
duties, or
(B) aids or advises a foreign entity
with the intent to influence a decision of
any officer or employee of any department or
agency of the United States, in carrying out
his or her official duties,
shall be punished as provided in section 216 of this
title.
(2) Special rule for Trade Representative.--
With respect to a person who is the United
States Trade Representative or Deputy United
States Trade Representative, the restrictions
described in paragraph (1) shall apply to
representing, aiding, or advising foreign
entities at any time after the termination of
that person's service as the United States Trade
Representative.
(3) Definition.--For purposes of this
subsection, the term ``foreign entity'' means
the government of a foreign country as defined
in section 1(e) of the Foreign Agents
Registration Act of 1938, as amended, or a
foreign political party as defined in section
1(f) of that Act.
(g) Special rules for detailees.--For purposes of this
section, a person who is detailed from one department,
agency, or other entity to another department, agency, or
other entity shall, during the period such person is
detailed, be deemed to be an officer or employee of both
departments, agencies, or such entities.
(h) Designations of separate statutory agencies and
bureaus--
(1) Designations.--For purposes of
subsection (c) and except as provided in
paragraph (2), whenever the Director of the
Office of Government Ethics determines that an
agency or bureau within a department or agency
in the executive branch exercises functions
which are distinct and separate from the
remaining functions of the department or agency
and that there exists no potential for use of
undue influence or unfair advantage based on
past Government service, the Director shall by
rule designate such agency or bureau as a
separate department or agency. On an annual
basis, the Director of the Office of Government
Ethics shall review the designations and
determinations made under this subparagraph and,
in consultation with the department or agency
concerned, make such additions and deletions as
are necessary. Departments and agencies shall
cooperate to the fullest extent with the
Director of the Office of Government Ethics in
the exercise of his or her responsibilities
under this paragraph.
(2) Inapplicability of designations.--No
agency or bureau within the Executive Office
of the President may be designated under
paragraph (1) as a separate department or
agency. No designation under paragraph (1)
shall apply to persons referred to in
subsection (c)(2)(A)(i) or (iii).
(i) Definitions.--For purposes of this section--
(1) the term ``officer or employee'', when
used to describe the person to whom a
communication is made or before whom an
appearance is made, with the intent to
influence, shall include--
(A) in subsection (a), (c), and (d), the
President and the Vice President; and
(B) in subsection (f), the President,
the Vice President, and Members of Congress;
(2) the term ``participated'' means an
action taken as an officer or employee through
decision, approval, disapproval, recommendation,
the rendering of advice, investigation, or other
such action; and
(3) the term ``particular matter'' includes
any investigation, application, request for a
ruling or determination, rulemaking, contract,
controversy, claim, charge, accusation, arrest,
or judicial or other proceeding.
(j) Exceptions--
(1) Official government duties--
(A) In General.--The restrictions
contained in this section shall not apply to
acts done in carrying out official duties on
behalf of the United States or the District
of Columbia or as an elected official of a
State or local government.
(B) Tribal organizations and inter-
tribal consortiums.--The restrictions
contained in this section shall not apply to
acts authorized by section 104(j) of the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450i(j)).
(2) State and local governments and
institutions, hospitals, and organizations.--The
restrictions contained in subsections (c), (d),
and (e) shall not apply to acts done in carrying
out official duties as an employee of--
(A) an agency or instrumentality of a
State or local government if the appearance,
communication, or representation is on
behalf of such government, or
(B) an accredited, degree-granting
institution of higher education, as defined
in section 101 of the Higher Education Act
of 1965 [20 U.S.C.A. Sec. 1001], or a
hospital or medical research organization,
exempted and defined under section 501(c)(3)
of the Internal Revenue Code of 1986 [26
U.S.C.A. Sec. 501(c)(3)], if the appearance,
communication, or representation is on
behalf of such institution, hospital, or
organization.
(3) International organizations.--The
restrictions contained in this section shall not
apply to an appearance or communication on
behalf of, or advice or aid to, an international
organization in which the United States
participates, if the Secretary of State
certifies in advance that such activity is in
the interests of the United States.
(4) Special knowledge.--The restrictions
contained in subsections (c), (d), and (e) shall
not prevent an individual from making or
providing a statement, which is based on the
individual's own special knowledge in the
particular area that is the subject of the
statement, if no compensation is thereby
received.
(5) Exception for scientific or
technological information.--The restrictions
contained in subsections (a), (c), and (d) shall
not apply with respect to the making of
communications solely for the purpose of
furnishing scientific or technological
information, if such communications are made
under procedures acceptable to the department or
agency concerned or if the head of the
department or agency concerned with the
particular matter, in consultation with the
Director of the Office of Government Ethics,
makes a certification, published in the Federal
Register, that the former officer or employee
has outstanding qualifications in a scientific,
technological, or other technical discipline,
and is acting with respect to a particular
matter which requires such qualifications, and
that the national interest would be served by
the participation of the former officer or
employee. For purposes of this paragraph, the
term ``officer or employee'' includes the Vice
President.
(6) Exception for testimony.--Nothing in
this section shall prevent an individual from
giving testimony under oath, or from making
statements required to be made under penalty of
perjury. Notwithstanding the preceding
sentence--
(A) a former officer or employee of the
executive branch of the United States
(including any independent agency) who is
subject to the restrictions contained in
subsection (a)(1) with respect to a
particular matter may not, except pursuant
to court order, serve as an expert witness
or any other person (except the United
States) in that matter; and
(B) a former officer or employee of the
District of Columbia who is subject to the
restrictions contained in subsection (a)(1)
with respect to a particular matter may not,
except pursuant to court order, serve as an
expert witness for any other person (except
the District of Columbia) in that matter.
(7) Political parties and campaign
committees--
(A) Except as provided in subparagraph
(B), the restrictions contained in
subsections (c), (d), and (e) shall not
apply to a communication or appearance made
solely on behalf of a candidate in his or
her capacity as a candidate, an authorized
committee, a national committee, a national
Federal campaign committee, a State
committee, or a political party.
(B) Subparagraph (A) shall not apply
to--
(i) any communication to, or
appearance before, the Federal
Election Commission by a former
officer or employee of the Federal
Election Commission; or
(ii) a communication or
appearance made by a person who is
subject to the restrictions
contained in subsections\1\ (c),
(d), or (e) if, at the time of the
communication or appearance, the
person is employed by a person or
entity other than--
\1\So in original. Probably should be ``subsection''.
(I) a candidate, an
authorized committee, a
national committee, a
national Federal campaign
committee, a State
committee, or a political
party; or
(II) a person or entity
who represents, aids, or
advises only persons or
entities described in
subclause (I).
(C) For purposes of this paragraph--
(i) the term ``candidate'' means
any person who seeks nomination for
election, or election, to Federal or
State office or who has authorized
others to explore on his or her
behalf the possibility of seeking
nomination for election, or
election, to Federal or State
office;
(ii) the term ``authorized
committee'' means any political
committee designated in writing by a
candidate as authorized to receive
contributions or make expenditures
to promote the nomination for
election, or the election, of such
candidate, or to explore the
possibility of seeking nomination
for election, or the election of
such, candidate except that a
political committee that receives
contributions or makes expenditures
to promote more than 1 candidate may
not be designated as an authorized
committee for purposes of
subparagraph (A);
(iii) the term ``national
committee'' means the organization
which, by virtue of the bylaws of a
political party, is responsible for
the day-to-day operation of such
political party at the national
level;
(iv) the term ``national Federal
campaign committee'' means an
organization that, by virtue of the
bylaws of a political party, is
established primarily for the
purpose of providing assistance, at
the national level, to candidates
nominated by that party for election
to the office of Senator or
Representative in, or Delegate or
Resident Commissioner to, the
Congress;
(v) the term ``State committee''
means the organization which, by
virtue of the bylaws of a political
party, is responsible for the day-
to-day operation of such political
party at the State level;
(vi) the term ``political
party'' means an association,
committee, or organization that
nominates a candidate for election
to any Federal or State elected
office whose name appears on the
election ballot as the candidate of
such association, committee, or
organization; and
(vii) the term ``State'' means a
State of the United States, the
District of Columbia, the
Commonwealth of Puerto Rico, and any
territory or possession of the
United States.
(k)(1)(A) The President may grant a waiver of a
restriction imposed by this section to any officer or
employee described in paragraph (2) if the President
determines and certifies in writing that it is in the public
interest to grant the waiver and that the services of the
officer or employee are critically needed for the benefit of
the Federal Government. Not more than 25 officers and
employees currently employed by the Federal Government at
any one time may have been granted waivers under this
paragraph.
(B)(i) A waiver granted under this paragraph to any
person shall apply only with respect to activities engaged
in by that person after that person's Federal Government
employment is terminated and only to that person's
employment at a Government-owned, contractor operated entity
with which the person served as an officer or employee
immediately before the person's Federal Government
employment began.
(ii) Notwithstanding clause (i), a waiver granted under
this paragraph to any person who was an officer or employee
of Lawrence Livermore National Laboratory, Los Alamos
National Laboratory, or Sandia National Laboratory
immediately before the person's Federal Government
employment began shall apply to that person's employment by
any such national laboratory after the person's employment
by the Federal Government is terminated.
(2) Waivers under paragraph (1) may be granted only to
civilian officers and employees of the executive branch,
other than officers and employees in the Executive Office of
the President.
(3) A certification under paragraph (1) shall take
effect upon its publication in the Federal Register and
shall identify--
(A) the officer or employee covered by the
waiver by name and by position, and
(B) the reasons for granting the waiver.
A copy of the certification shall also
be provided to the Director of the Office of
Government Ethics.
(4) The President may not delegate the authority
provided by this subsection.
(5)(A) Each person granted a waiver under this
subsection shall prepare reports, in accordance with
subparagraph (B), stating whether the person has engaged in
activities otherwise prohibited by this section for each
six-month period described in subparagraph (B), and if so,
what those activities were.
(B) A report under subparagraph (A) shall cover each
six-month period beginning on the date of the termination of
the person's Federal Government employment (with respect to
which the waiver under this subsection was granted) and
ending two years after that date. Such report shall be filed
with the President and the Director of the Office of
Government Ethics not later than 60 days after the end of
the six-month period covered by the report. All reports
filed with the Director under this paragraph shall be made
available for public inspection and copying.
(C) If a person fails to file any report in accordance
with subparagraphs (A) and (B), the President shall revoke
the waiver and shall notify the person of the revocation.
The revocation shall take effect upon the person's receipt
of the notification and shall remain in effect until the
report is filed.
(D) Any person who is granted a waiver under this
subsection shall be ineligible for appointment in the civil
service unless all reports required of such person by
subparagraphs (A) and (B) have been filed.
(E) As used in this subsection, the term ``civil
service'' has the meaning given that term in section 2101 of
title 5.
(l) Contract Advice by Former Details.--Whoever, being
an employee of a private sector organization assigned to an
agency under chapter 37 of title 5, within one year after
the end of that assignment, knowingly represents or aids,
counsels, or assists in representing any other person
(except the United States) in connection with any contract
with that agency shall be punished as provided in section
216 of this title. (Added Pub.L. 87-849, Sec. 1(a), Oct. 23,
1962, 76 Stat. 1123, and amended Pub.L. 95-521, Title V,
Sec. 501(a), Oct. 26, 1978, 92 Stat. 1864; Pub.L. 96-28,
Sec. Sec. 1, 2, June 22, 1979, 93 Stat. 76; Pub.L. 101-189,
Div. A, Title VIII, Sec. 814(d)(2), Nov. 29, 1989, 103 Stat.
1499; Pub.L. 101-194, Title I, Sec. 101(a), Nov. 30, 1989,
103 Stat. 1716; Pub.L. 101-280, Sec. Sec. 2(a), 5(d), May 4,
1990, 104 Stat. 149, 159; Pub.L. 101-509, Title V, Sec. 529
[Title I, Sec. 101(b)(8)(A)], Nov. 5, 1990, 104 Stat. 440;
Pub.L. 102-25, Title VII, Sec. 705(a), Apr. 6, 1991, 105
Stat. 120; Pub.L. 102-190, Div. B, Title XXXI, Sec. 3138(a),
Dec. 5, 1991, 105 Stat. 1579; Pub.L. 102-395, Title VI,
Sec. 609(a), Oct. 6, 1992, 106 Stat. 1873; Pub.L. 103-322,
Title XXXIII, Sec. Sec. 330002(i), 330010(15), Sept. 13,
1994, 108 Stat. 2140, 2144; Pub.L. 104-65, Sec. 21(a), Dec.
19, 1995, 109 Stat. 704; Pub.L. 104-179, Sec. Sec. 5, 6,
Aug. 6, 1996, 110 Stat. 1567, 1568; Pub.L. 104-208, Div. A,
Title I, Sec. 101(f) [Title VI, Sec. 635], Sept. 30, 1996,
110 Stat. 3009-363; Pub.L. 105-244, Title I, Sec. 102(a)(5),
Oct. 7, 1998, 112 Stat. 1618; Pub.L. 107-347, Title II, Sec.
209(d)(1), (3), Dec. 17, 2002, 116 Stat. 2930; Pub.L. 108-
136, Sec. 1125(b)(1), Nov. 24, 2003, 117 Stat. 1639; Pub.L.
108-271 Sec. 8(b), July 7, 2004, 118 Stat. 814; Pub.L. 110-
81, Title I, Sec. Sec. 101, 104(a), Sept. 14, 2007, 121
Stat. 736, 740.)
1246
Sec. 210. Offer to procure appointive public office.
Whoever pays or offers or promises any money or thing of
value, to any person, firm, or corporation in consideration
of the use or promise to use any influence to procure any
appointive office or place under the United States for any
person, shall be fined under this title or imprisoned not
more than one year, or both. (June 25, 1948, ch. 645,
Sec. 1, 62 Stat. 694; Oct. 23, 1962, Pub.L. 87-849,
Sec. 1(b), 76 Stat. 1125; Sept. 13, 1994, Pub.L. 103-322,
Sec. 330016 (1)(H), 108 Stat. 2147.)
1247 Sec. 211. Acceptance or solicitation to obtain appointive
public office.
Whoever solicits or receives, either as a political
contribution, or for personal emolument, any money or thing
of value, in consideration of the promise of support or use
of influence in obtaining for any person any appointive
office or place under the United States, shall be fined
under this title or imprisoned not more than one year, or
both.
Whoever solicits or receives any thing of value in
consideration of aiding a person to obtain employment under
the United States either by referring his name to an
executive department or agency of the United States or by
requiring the payment of a fee because such person has
secured such employment shall be fined under this title, or
imprisoned not more than one year, or both. This section
shall not apply to such services rendered by an employment
agency pursuant to the written request of an executive
department or agency of the United States. (June 25, 1948,
ch. 645, Sec. 1, 62 Stat. 694; Sept. 13, 1951, ch. 380, 65
Stat. 320; Oct. 23, 1962, Pub.L. 87-849, Sec. 1(b), 76 Stat.
1125; Sept. 13, 1994, Pub.L. 103-322, Sec. 330016(1)(H), 108
Stat. 2147.)
1248 Sec. 219. Officers and employees acting as agents of foreign
principals.
(a) Whoever, being a public official, is or acts as an
agent of a foreign principal required to register under the
Foreign Agents Registration Act of 1938 or a lobbyist
required to register under the Lobbying Disclosure Act of
1995 in connection with the representation of a foreign
entity, as defined in section 3(6) of that Act shall be
fined under this title or imprisoned for not more than two
years, or both.
(b) Nothing in this section shall apply to the
employment of any agent of a foreign principal as a special
Government employee in any case in which the head of the
employing agency certifies that such employment is required
in the national interest. A copy of any certification under
this paragraph shall be forwarded by the head of such agency
to the Attorney General who shall cause the same to be filed
with the registration statement and other documents filed by
such agent, and made available for public inspection in
accordance with section 6 of the Foreign Agents Registration
Act of 1938, as amended.
(c) For the purpose of this section ``public official''
means Member of Congress, Delegate, or Resident
Commissioner, either before or after he has qualified, or an
officer or employee or person acting for or on behalf of the
United States, or any department, agency, or branch of
Government thereof, including the District of Columbia, in
any official function, under or by authority of any such
department, agency, or branch of Government.
(Added Pub.L. 89-486, Sec. 8(b), July 4, 1966, 80 Stat. 249,
and amended Pub.L. 98-473, Title II, Sec. 1116, Oct. 12,
1984, 98 Stat. 2149; Pub.L. 99-646, Sec. 30, Nov. 10, 1986,
100 Stat. 3598; Pub.L. 101-647, Title XXXV, Sec. 3511, Nov.
29, 1990, 104 Stat. 4922; Pub.L. 104-65, Sec. 12(b), Dec.
19, 1995, 109 Stat. 701.)
1249 Sec. 227. Wrongfully influencing a private entity's
employment decisions by a Member of Congress or an
officer or employee of the legislative or executive
branch
(a) Whoever, being a covered government person, with the
intent to influence, solely on the basis of partisan
political affiliation, an employment decision or employment
practice of any private entity----
(1) takes or withholds, or offers or
threatens to take or withhold, an official act,
or
(2) influences, or offers or threatens to
influence, the official act of another,
shall be fined under this title or imprisoned for not
more than 15 years, or both, and may be disqualified from
holding any office of honor, trust, or profit under the
United States.
(b) In this section, the term ``covered government
person'' means----
(1) a Senator or Representative in, or a
Delegate or Resident Commissioner to, the
Congress;
(2) an employee of either House of Congress;
or
(3) the President, Vice President, an
employee of the United States Postal Service or
the Postal Regulatory Commission, or any other
executive branch employee (as such term is
defined under section 2105 of title 5, United
States Code). (Pub.L. 110-81, Title I,
Sec. 102(a), Sept. 14, 2007, 121 Stat. 739;
amended Pub.L. 112-105, Sec. 18(a), Apr. 4,
2012, 126 Stat. 304.)
Chapter 18.--CONGRESSIONAL, CABINET, AND SUPREME COURT
ASSASSINATION, KIDNAPPING, AND ASSAULT
1250 Sec. 351. Congressional, Cabinet, and Supreme Court
assassination, kidnapping, and assault; penalties.
(a) Whoever kills any individual who is a Member of
Congress or a Member-of-Congress-elect, a member of the
executive branch of the Government who is the head, or a
person nominated to be head during the pendency of such
nomination, of a department listed in section 101 of title 5
or the second ranking official in such department, the
Director (or a person nominated to be Director during the
pendency of such nomination) or Deputy Director of Central
Intelligence, a major Presidential or Vice Presidential
candidate (as defined in section 3056 of this title), or a
Justice of the United States, as defined in section 451 of
title 28, or a person nominated to be a Justice of the
United States, during the pendency of such nomination, shall
be punished as provided by sections 1111 and 1112 of this
title.
(b) Whoever kidnaps any individual designated in
subsection (a) of this section shall be punished (1) by
imprisonment for any term of years or for life, or (2) by
death or imprisonment for any term of years or for life, if
death results to such individual.
(c) Whoever attempts to kill or kidnap any individual
designated in subsection (a) of this section shall be
punished by imprisonment for any term of years or for life.
(d) If two or more persons conspire to kill or kidnap
any individual designated in subsection (a) of this section
and one or more of such persons do any act to effect the
object of the conspiracy, each shall be punished (1) by
imprisonment for any term of years or for life, or (2) by
death or imprisonment for any term of years or for life, if
death results to such individual.
(e) Whoever assaults any person designated in subsection
(a) of this section shall be fined under this title, or
imprisoned not more than one year, or both; and if the
assault involved the use of a dangerous weapon, or personal
injury results, shall be fined under this title, or
imprisoned not more than ten years, or both.
(f) If Federal investigative or prosecutive jurisdiction
is asserted for a violation of this section, such assertion
shall suspend the exercise of jurisdiction by a State or
local authority, under any applicable State or local law,
until Federal action is terminated.
(g) Violations of this section shall be investigated by
the Federal Bureau of Investigation. Assistance may be
requested from any Federal, State, or local agency,
including the Army, Navy, and Air Force, any statute, rule,
or regulation to the contrary notwithstanding.
(h) In a prosecution for an offense under this section
the Government need not prove that the defendant knew that
the victim of the offense was an individual protected by
this section.
(i) There is extraterritorial jurisdiction over the
conduct prohibited by this section. (Added Pub.L. 91-644,
Title IV, Sec. 15, Jan. 2, 1971, 84 Stat. 1891, and amended
Pub.L. 97-285, Sec. Sec. 1, 2(a), Oct. 6, 1982, 96 Stat.
1219; Pub.L. 99-646, Sec. 62, Nov. 10, 1986, 100 Stat. 3614;
Pub.L. 100-690, Title VII, Sec. 7074, Nov. 18, 1988, 102
Stat. 4405; Pub.L. 103-322, Title XXXII, Sec. 320101(d),
Title XXXIII, Sec. Sec. 330016(1)(K), (L), 330021(1), Sept.
13, 1994, 108 Stat. 2108, 2147, 2150; Pub.L. 104-294, Title
VI, Sec. 604(b)(12)(C), (c)(2), Oct. 11, 1996, 110 Stat.
3507, 3509.)
Chapter 23.--CONTRACTS
1250a Sec. 431. Contracts by Member of Congress.
Whoever, being a Member of or Delegate to Congress, or a
Resident Commissioner, either before or after he has
qualified, directly or indirectly, himself, or by any other
person in trust for him, or for his use or benefit, or on
his account, undertakes, executes, holds, or enjoys, in
whole or in part, any contract or agreement, made or entered
into in behalf of the United States or any agency thereof,
by any officer or person authorized to make contracts on its
behalf, shall be fined under this title.
All contracts or agreements made in violation of this
section shall be void; and whenever any sum of money is
advanced by the United States or any agency thereof, in
consideration of any such contract or agreement, it shall
forthwith be repaid; and in case of failure or refusal to
repay the same when demanded by the proper officer of the
department or agency under whose authority such contract or
agreement shall have been made or entered into, suit shall
at once be brought against the person so failing or refusing
and his sureties for the recovery of the money so advanced.
(June 25, 1948, ch. 645, Sec. 1, 62 Stat. 702; Oct. 31,
1951, ch. 655, Sec. 19, 65 Stat. 717; Sept. 13, 1994, Pub.L.
103-322, Sec. 330016(1)(J), 108 Stat. 2147.)
1251 Sec. 432. Officer or employee contracting with Member of
Congress.
Whoever, being an officer or employee of the United
States, on behalf of the United States or any agency
thereof, directly or indirectly makes or enters into any
contract, bargain, or agreement, with any Member of or
Delegate to Congress, or any Resident Commissioner, either
before or after he has qualified, shall be fined under this
title. (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 702; Sept.
13, 1994, Pub.L. 103-322, Sec. 330016(1)(J), 108 Stat.
2147.)
1252 Sec. 433. Exemptions with respect to certain contracts.
Sections 431 and 432 of this title shall not extend to
any contract or agreement made or entered into, or accepted
by any incorporated company for the general benefit of such
corporation; nor to the purchase or sale of bills of
exchange or other property where the same are ready for
delivery and payment therefor is made at the time of making
or entering into the contract or agreement. Nor shall the
provisions of such section apply to advances, loans,
discounts, purchase or repurchase agreements extensions, or
renewals thereof, or acceptances, releases or substitutions
of security therefor or other contracts or agreements made
or entered into under the Reconstruction Finance Corporation
Act, the Agricultural Adjustment Act, the Federal Farm Loan
Act, the Emergency Farm Mortgage Act of 1933, the Farm
Credit Act of 1933, or the Home Owners Loan Act of 1933, the
Farmers' Home Administration Act of 1946, the Bankhead-Jones
Farm Tenant Act, or to crop insurance agreements or
contracts or agreements of a kind which the Secretary of
Agriculture may enter into with farmers.
Any exemption permitted by this section shall be made a
matter of public record. (June 25, 1948, ch. 645, Sec. 1, 62
Stat. 703; Oct. 4, 1961, Pub.L. 87-353, Sec. 3(o), 75 Stat.
774.)
Chapter 29.--ELECTIONS AND POLITICAL ACTIVITIES
1253 Sec. 591. Repealed (Pub.L. 96-187, title II, Sec. 201(a)(1),
Jan. 8, 1980, 93 Stat. 1367).
1254 Sec. 594. Intimidation of voters.
Whoever intimidates, threatens, coerces, or attempts to
intimidate, threaten, or coerce, any other person for the
purpose of interfering with the right of such other person
to vote or to vote as he may choose, or of causing such
other person to vote for, or not to vote for, any candidate
for the office of President, Vice President, Presidential
elector, Member of the Senate, Member of the House of
Representatives, Delegate from the District of Columbia, or
Resident Commissioner, at any election held solely or in
part for the purpose of electing such candidate, shall be
fined under this title or imprisoned not more than one year,
or both. (June 25, 1948, ch. 645, 62 Stat. 720; Sept. 22,
1970, Pub.L. 91-405, Title II, Sec. 204(d)(5), 84 Stat. 853;
Sept. 13, 1994, Pub.L. 103-322, Sec. 330016(1)(H), 108 Stat.
2147.)
1255 Sec. 595. Interference by administrative employees of
Federal, State, or Territorial Governments.
Whoever, being a person employed in any administrative
position by the United States, or by any department or
agency thereof, or by the District of Columbia, or any
agency or instrumentality thereof, or by any State,
Territory, or Possession of the United States, or any
political subdivision, municipality, or agency thereof, or
agency of such political subdivision or municipality
(including any corporation owned or controlled by any State,
Territory, or Possession of the United States or by any such
political subdivision, municipality, or agency), in
connection with any activity which is financed in whole or
in part by loans or grants made by the United States, or any
department or agency thereof, uses his official authority
for the purpose of interfering with, or affecting, the
nomination or the election of any candidate for the office
of President, Vice President, Presidential elector, Member
of the Senate, Member of the House of Representatives,
Delegate from the District of Columbia, or Resident
Commissioner, shall be fined under this title or imprisoned
not more than one year, or both.
This section shall not prohibit or make unlawful any act
by any officer or employee of any educational or research
institution, establishment, agency, or system which is
supported in whole or in part by any state or political
subdivision thereof, or by the District of Columbia or by
any Territory or Possession of the United States; or by any
recognized religious, philanthropic or cultural
organization. (June 25, 1948, ch. 645, 62 Stat. 720; Sept.
22, 1970, Pub.L. 91-405, Title II, Sec. 204(d)(6), 84 Stat.
853; Sept. 13, 1994, Pub.L. 103-322, Sec. 330016(1)(H), 108
Stat. 2147.)
1256 Sec. 597. Expenditures to influence voting.
Whoever makes or offers to make an expenditure to any
person, either to vote or withhold his vote, or to vote for
or against any candidate; and
Whoever solicits, accepts, or receives any such
expenditure in consideration of his vote or the withholding
of his vote--
Shall be fined under this title or imprisoned not more
than one year, or both; and if the violation was willful,
shall be fined under this title or imprisoned not more than
two years, or both. (June 25, 1948, ch. 645, 62 Stat. 721;
Sept. 13, 1994, Pub.L. 103-322, Title XXXIII,
Sec. 330016(1)(H), 108 Stat. 2147; Oct. 11, 1996, Pub.L.
104-294, Title VI, Sec. 601(a)(12), 110 Stat. 3498.)
1257 Sec. 598. Coercion by means of relief appropriations.
Whoever uses any part of any appropriation made by
Congress for work relief, relief, or for increasing
employment by providing loans and grants for public-works
projects, or exercises or administers any authority
conferred by any Appropriation Act for the purpose of
interfering with, restraining, or coercing any individual in
the exercise of his right to vote at any election, shall be
fined under this title or imprisoned not more than one year,
or both. (June 25, 1948, ch. 645, 62 Stat. 721; Sept. 13,
1994, Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(H), 108
Stat. 2147.)
1258 Sec. 599. Promise of appointment by candidate.
Whoever, being a candidate, directly or indirectly
promises or pledges the appointment, or the use of his
influence or support for the appointment of any person to
any public or private position or employment, for the
purpose of procuring support in his candidacy shall be fined
under this title or imprisoned not more than one year, or
both; and if the violation was willful, shall be fined under
this title or imprisoned not more than two years, or both.
(June 25, 1948, ch. 645, 62 Stat. 721; Sept. 13, 1994,
Pub.L. 103-322, Sec. 330016(1)(H), (L), 108 Stat. 2147.)
1259 Sec. 600. Promise of employment or other benefit for
political activity.
Whoever, directly or indirectly, promises any
employment, position, compensation, contract, appointment,
or other benefit, provided for or made possible in whole or
in part by any Act of Congress, or any special consideration
in obtaining any such benefit, to any person as
consideration, favor, or reward for any political activity
or for the support of or opposition to any candidate or any
political party in connection with any general or special
election to any political office, or in connection with any
primary election or political convention or caucus held to
select candidates for any political office, shall be fined
under this title or imprisoned not more than one year, or
both. (June 25, 1948, ch. 645, 62 Stat. 721; Feb. 7, 1972,
Pub.L. 92-225, Sec. 202, 86 Stat 9; Oct. 2, 1976, Pub.L. 94-
453, Sec. 3, 90 Stat. 1517; Sept. 13, 1994, Pub.L. 103-322,
Sec. 330016(1)(L), 108 Stat. 2147.)
1260 Sec. 601. Deprivation of employment or other benefit for
political contribution.
(a) Whoever, directly or indirectly, knowingly causes or
attempts to cause any person to make a contribution of a
thing of value (including services) for the benefit of any
candidate or any political party, by means of the denial or
deprivation, or the threat of the denial or deprivation,
of--
(1) any employment, position, or work in or
for any agency or other entity of the Government
of the United States, a State, or a political
subdivision of a State, or any compensation or
benefit of such employment, position, or work;
or
(2) any payment or benefit of a program of
the United States, a State, or a political
subdivision of a State;
if such employment, position, work, compensation, payment,
or benefit is provided for or made possible in whole or in
part by an Act of Congress, shall be fined under this title
or imprisoned not more than one year, or both.
(b) As used in this section--
(1) the term ``candidate'' means an
individual who seeks nomination for election, or
election, to Federal, State, or local office,
whether or not such individual is elected, and,
for purposes of this paragraph, an individual
shall be deemed to seek nomination for election,
or election, to Federal, State, or local office,
if he has (A) taken the action necessary under
the law of a State to qualify himself for
nomination for election, or election, or (B)
received contributions or made expenditures, or
has given his consent for any other person to
receive contributions or make expenditures, with
a view to bringing about his nomination for
election, or election, to such office;
(2) the term ``election'' means (A) a
general, special primary, or runoff election,
(B) a convention or caucus of political party
held to nominate a candidate, (C) a primary
election held for the selection of delegates to
a nominating convention of a political party,
(D) a primary election held for the expression
of a preference for the nomination of persons
for election to the office of President, and (E)
the election of delegates to a constitutional
convention for proposing amendments to the
Constitution of the United States or of any
State; and
(3) the term ``State'' means a State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, or any territory or
possession of the United States. (June 25, 1948,
ch. 645, 62 Stat. 721; Oct. 2, 1976, Pub.L. 94-
453, Sec. 1, 90 Stat. 1516; Sept. 13, 1994,
Pub.L. 103-322, Sec. 330016(1)(L), 108 Stat.
2147.)
1261 Sec. 602. Solicitation of political contributions.
(a) It shall be unlawful for--
(1) a candidate for the Congress;
(2) an individual elected to or serving in
the office of Senator or Representative in, or
Delegate or Resident Commissioner to, the
Congress;
(3) an officer or employee of the United
States or any department or agency thereof; or
(4) a person receiving any salary or
compensation for services from money derived
from the Treasury of the United States; to
knowingly solicit any contribution within the
meaning of section 301(8) of the Federal
Election Campaign Act of 1971 from any other
such officer, employee, or person. Any person
who violates this section shall be fined under
this title or imprisoned not more than 3 years,
or both.
(b) The prohibition in subsection (a) shall not apply to
any activity of an employee (as defined in section 7322(1)
of title 5) or any individual employed in or under the
United States Postal Service or the Postal Regulatory
Commission, unless that activity is prohibited by section
7323 or 7324 of such title. (June 25, 1948, ch. 645, 62
Stat. 722; Jan. 8, 1980, Pub.L. 96-187, Title II,
Sec. 201(a)(3), 93 Stat. 1367; Oct. 6, 1993, Pub.L. 103-94,
Sec. 4(a), 107 Stat. 1004; Sept. 13, 1994, Pub.L. 103-322,
Title XXXIII, Sec. 330016(1)(K), 108 Stat. 2147; Pub.L. 109-
435, Title VI, Sec. 604(f), Dec. 20, 2006, 120 Stat. 3242.)
1262 Sec. 603. Making political contributions.
(a) It shall be unlawful for an officer or employee of
the United States or any department or agency thereof, or a
person receiving any salary or compensation for services
from money derived from the Treasury of the United States,
to make any contribution within the meaning of section
301(8) of the Federal Election Campaign Act of 1971 to any
other such officer, employee or person or to any Senator or
Representative in, or Delegate or Resident Commissioner to,
the Congress, if the person receiving such contribution is
the employer or employing authority of the person making the
contribution. Any person who violates this section shall be
fined under this title or imprisoned not more than three
years, or both.
(b) For purposes of this section, a contribution to an
authorized committee as defined in section 302(e)(1) of the
Federal Election Campaign Act of 1971 shall be considered a
contribution to the individual who has authorized such
committee.
(c) The prohibition in subsection (a) shall not apply to
any activity of an employee (as defined in section 7322(1)
of title 5) or any individual employed in or under the
United States Postal Service or the Postal Regulatory
Commission, unless that activity is prohibited by section
7323 or 7324 of such title. (June 25, 1948, ch. 645, 62
Stat. 722; Oct. 31, 1951, ch. 655, Sec. 20(b), 65 Stat. 718;
Jan. 8, 1980, Pub.L. 96-187, Title II, Sec. 201(a)(4), 93
Stat. 1367; Oct. 6, 1993, Pub.L. 103-94, Sec. 7, 107 Stat.
1005; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII,
Sec. 330016(1)(K), 108 Stat. 2147; Pub.L. 109-435, Title VI,
Sec. 604(f), Dec. 20, 2006, 120 Stat. 3242.)
1263 Sec. 604. Solicitation from persons on relief.
Whoever solicits or receives or is in any manner
concerned in soliciting or receiving any assessment,
subscription, or contribution for any political purpose from
any person known by him to be entitled to, or receiving
compensation, employment, or other benefit provided for or
made possible by any Act of Congress appropriating funds for
work relief or relief purposes, shall be fined under this
title or imprisoned not more than one year, or both. (June
25, 1948, ch. 645, 62 Stat. 722, Pub.L. 103-322,
Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
1264 Sec. 605. Disclosure of names of persons on relief.
Whoever, for political purposes, furnishes or discloses
any list of names of persons receiving compensation,
employment or benefits provided for or made possible by any
Act of Congress appropriating, or authorizing the
appropriation of funds for work relief or relief purposes,
to a political candidate, committee, campaign manager, or to
any person for delivery to a political candidate, committee,
or campaign manager; and
Whoever receives any such list or names for political
purposes--
Shall be fined under this title or imprisoned not more
than one year, or both. (June 25, 1948, ch. 645, 62 Stat.
722, Pub.L. 103-322, Sec. 330016(1)(H), Sept. 13, 1994, 108
Stat. 2147.)
1265 Sec. 606. Intimidation to secure political contributions.
Whoever, being one of the officers or employees of the
United States mentioned in section 602 of this title,
discharges, or promotes, or degrades, or in any manner
changes the official rank or compensation of any other
officer or employee, or promises or threatens so to do, for
giving or withholding or neglecting to make any contribution
of money or other valuable thing for any political purpose,
shall be fined under this title or imprisoned not more than
3 years, or both. (June 25, 1948, ch. 645, 62 Stat. 722;
Sept. 13, 1994, Pub.L. 103-322, Title XXXIII,
Sec. 330016(1)(K), 108 Stat. 2147.)
1266 Sec. 607. Place of solicitation.
(a) Prohibition--
(1) In general.--It shall be unlawful for
any person to solicit or receive a donation of
money or other thing of value in connection with
a Federal, State, or local election from a
person who is located in a room or building
occupied in the discharge of official duties by
an officer or employee of the United States. It
shall be unlawful for an individual who is an
officer or employee of the Federal Government,
including the President, Vice President, and
Members of Congress, to solicit or receive a
donation of money or other thing of value in
connection with a Federal, State, or local
election, while in any room or building occupied
in the discharge of official duties by an
officer or employee of the United States, from
any person.
(2) Penalty.--A person who violates this
section shall be fined not more than $5,000,
imprisoned not more than 3 years, or both.
(b) The prohibition in subsection (a) shall not apply to
the receipt of contributions by persons on the staff of a
Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress or Executive Office of the
President, provided, that such contributions have not been
solicited in any manner which directs the contributor to
mail or deliver a contribution to any room, building, or
other facility referred to in subsection (a), and provided
that such contributions are transferred within seven days of
receipt to a political committee within the meaning of
section 302(e) of the Federal Election Campaign Act of 1971.
(June 25, 1948, ch. 645, 62 Stat. 722; Jan. 8, 1980, Pub.L.
96-187, Title II, Sec. 201(a)(5), 93 Stat. 1367; Sept. 13,
1994, Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(K), 108
Stat. 2147; March 27, 2002, Pub.L. 107-155, Title III,
Sec. 302(1), 116 Stat. 96.)
Chapter 35.--EMBLEMS, INSIGNIA AND NAMES
1267 Sec. 713. Use of likenesses of the great seal of the United
States, the seals of the President and Vice President,
the seal of the United States Senate, the seal of the
United States House of Representatives, and the seal of
the United States Congress.
(a) Whoever knowingly displays any printed or other
likeness of the great seal of the United States, or of the
seals of the President or the Vice President of the United
States, or the seal of the United States Senate, or the seal
of the United States House of Representatives, or the seal
of the United States Congress, or any facsimile thereof, in,
or in connection with, any advertisement, poster, circular,
book, pamphlet, or other publication, public meeting, play,
motion picture, telecast, or other production, or on any
building, monument, or stationery, for the purpose of
conveying, or in a manner reasonably calculated to convey, a
false impression of sponsorship or approval by the
Government of the United States or by any department,
agency, or instrumentality thereof, shall be fined under
this title or imprisoned not more than six months, or both.
(b) Whoever, except as authorized under regulations
promulgated by the President and published in the Federal
Register, knowingly manufactures, reproduces, sells, or
purchases for resale, either separately or appended to any
article manufactured or sold, any likeness of the seals of
the President or Vice President, or any substantial part
thereof, except for manufacture or sale of the article for
the official use of the Government of the United States,
shall be fined under this title or imprisoned not more than
six months, or both.
(c) Whoever, except as directed by the United States
Senate, or the Secretary of the Senate on its behalf,
knowingly uses, manufactures, reproduces, sells or purchases
for resale, either separately or appended to any article
manufactured or sold, any likeness of the seal of the United
States Senate, or any substantial part thereof, except for
manufacture or sale of the article for the official use of
the Government of the United States, shall be fined under
this title or imprisoned not more than six months, or both.
(d) Whoever, except as directed by the United States
House of Representatives, or the Clerk of the House of
Representatives on its behalf, knowingly uses, manufactures,
reproduces, sells or purchases for resale, either separately
or appended to any article manufactured or sold, any
likeness of the seal of the United States House of
Representatives, or any substantial part thereof, except for
manufacture or sale of the article for the official use of
the Government of the United States, shall be fined under
this title or imprisoned not more than six months, or both.
(e) Whoever, except as directed by the United States
Congress, or the Secretary of the Senate and the Clerk of
the House of Representatives, acting jointly on its behalf,
knowingly uses, manufactures, reproduces, sells or purchases
for resale, either separately or appended to any article
manufactured or sold, any likeness of the seal of the United
States Congress, or any substantial part thereof, except for
manufacture or sale of the article for the official use of
the Government of the United States, shall be fined under
this title or imprisoned not more than six months, or both.
(f) A violation of the provisions of this section may be
enjoined at the suit of the Attorney General,
(1) in the case of the great seal of the
United States and the seals of the President and
Vice President, upon complaint by any authorized
representative of any department or agency of
the United States;
(2) in the case of the seal of the United
States Senate, upon complaint by the Secretary
of the Senate;
(3) in the case of the seal of the United
States House of Representatives, upon complaint
by the Clerk of the House of Representatives;
and
(4) in the case of the seal of the United
States Congress, upon complaint by the Secretary
of the Senate and the Clerk of the House of
Representatives, acting jointly. (Added Pub.L.
89-807, Sec. 1(a), Nov. 11, 1966, 80 Stat. 1525,
and amended Pub.L. 91-651, Sec. 1, Jan. 5, 1971,
84 Stat. 1940; Pub.L. 102-229, Title II,
Sec. 210(a)-(d), Dec. 12, 1991, 105 Stat. 1717;
Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(E),
Sept. 13, 1994, 108 Stat. 2146; Pub.L. 105-55,
Title III, Sec. 308(a)-(d), Oct. 7, 1997, 111
Stat. 1198.)
Chapter 37.--ESPIONAGE AND CENSORSHIP
1268 Sec. 798. Disclosure of classified information.
(a) Whoever knowingly and willfully communicates,
furnishes, transmits, or otherwise makes available to an
unauthorized person, or publishes, or uses in any manner
prejudicial to the safety or interest of the United States
or for the benefit of any foreign government to the
detriment of the United States any classified information--
(1) concerning the nature, preparation, or
use of any code, cipher, or cryptographic system
of the United States or any foreign government;
or
(2) concerning the design, construction,
use, maintenance, or repair of any device,
apparatus, or appliance used or prepared or
planned for use by the United States or any
foreign government for cryptographic or
communication intelligence purposes; or
(3) concerning the communication
intelligence activities of the United States or
any foreign government; or
(4) obtained by the processes of
communication intelligence from the
communications of any foreign government,
knowing the same to have been obtained by such
processes--
Shall be fined under this title or
imprisoned not more than ten years, or both.
(b) As used in subsection (a) of this section--
The term ``classified information'' means
information which, at the time of a violation of
this section, is, for reasons of national
security, specifically designated by a United
States Government Agency for limited or
restricted dissemination or distribution;
The terms ``code,'' ``cipher,'' and
``cryptographic system'' include in their
meanings, in addition to their usual meanings,
any method of secret writing and any mechanical
or electrical device or method used for the
purpose of disguising or concealing the
contents, significance, or meanings of
communications;
The term ``foreign government'' includes in
its meaning any person or persons acting or
purporting to act for or on behalf of any
faction, party, department, agency, bureau, or
military force of or within a foreign country,
or for or on behalf of any government or any
person or persons purporting to act as a
government within a foreign country, whether or
not such government is recognized by the United
States;
The term ``communication intelligence''
means all procedures and methods used in the
interception of communications and the obtaining
of information from such communications by other
than the intended recipients;
The term ``unauthorized person'' means any
person who, or agency which, is not authorized
to receive information of the categories set
forth in subsection (a) of this section, by the
President, or by the head of a department of
agency of the United States Government which is
expressly designated by the President to engage
in communication intelligence activities for the
United States.
(c) Nothing in this section shall prohibit the
furnishing, upon lawful demand, of information to any
regularly constituted committee of the Senate or House of
Representatives of the United States of America, or joint
committee thereof.
(d)(1) Any person convicted of a violation of this
section shall forfeit to the United States irrespective of
any provision of State law--
(A) any property constituting, or derived
from, any proceeds the person obtained, directly
or indirectly, as the result of such violation;
and
(B) any of the person's property used, or
intended to be used, in any manner or part, to
commit, or to facilitate the commission of, such
violation.
(2) The court, in imposing sentence on a defendant for a
conviction of a violation of this section, shall order that
the defendant forfeit to the United States all property
described in paragraph (1).
(3) Except as provided in paragraph (4), the provisions
of subsections (b), (c), and (e) through (p) of section 413
of the Comprehensive Drug Abuse Prevention and Control Act
of 1970 (21 U.S.C. 853(b), (c), and (e)-(p)), shall apply
to--
(A) property subject to forfeiture under
this subsection;
(B) any seizure or disposition of such
property; and
(C) any administrative or judicial
proceeding in relation to such property,
if not inconsistent with this subsection.
(4) Notwithstanding section 524(c) of title 28, there
shall be deposited in the Crime Victims Fund established
under section 1402 of the Victims of Crime Act of 1984 (42
U.S.C. 10601) all amounts from the forfeiture of property
under this subsection remaining after the payment of
expenses for forfeiture and sale authorized by law.
(5) As used in this subsection, the term ``State'' means
any State of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, and any territory or
possession of the United States. (Added Oct. 31, 1951, ch.
655, Sec. 24(a), 65 Stat. 719, and amended Sept. 13, 1994,
Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(L), 108 Stat.
2147; Oct. 14, 1994, Pub.L. 103-359, Title VIII,
Sec. 804(a), 108 Stat. 3439; Oct. 11, 1996, Pub.L. 104-294,
Title VI, Sec. 602(c), 110 Stat. 3503.)
Chapter 73.--OBSTRUCTION OF JUSTICE
1269 Sec. 1505. Obstruction of proceedings before departments,
agencies, and committees.
Whoever, with intent to avoid, evade, prevent, or
obstruct compliance, in whole or in part, with any civil
investigative demand duly and properly made under the
Antitrust Civil Process Act, willfully withholds,
misrepresents, removes from any place, conceals, covers up,
destroys, mutilates, alters, or by other means falsifies any
documentary material, answers to written interrogatories, or
oral testimony, which is the subject of such demand; or
attempts to do so or solicits another to do so; or
Whoever corruptly, or by threats or force, or by any
threatening letter or communication influences, obstructs,
or impedes or endeavors to influence, obstruct, or impede
the due and proper administration of the law under which any
pending proceeding is being had before any department or
agency of the United States, or the due and proper exercise
of the power of inquiry under which any inquiry or
investigation is being had by either House, or any committee
of either House or any joint committee of the Congress--
Shall be fined under this title or
imprisoned not more than five years or, if the
offense involves international or domestic
terrorism (as defined in section 2331),
imprisoned not more than 8 years, or both. (June
25, 1948, ch. 645, 62 Stat. 770; Sept. 19, 1962,
Pub.L. 87-664, Sec. 6(a), 76 Stat. 551; Oct. 15,
1970, Pub.L. 91-452, Title IX, Sec. 903, 84
Stat. 947; Sept. 30, 1976, Pub.L. 94-435, Title
I, Sec. 105, 90 Stat. 1389; Oct. 12, 1982,
Pub.L. 97-291, Sec. 4(d), 96 Stat. 1253; Sept.
13, 1994, Pub.L. 103-322, Title XXXIII,
Sec. 330016(1)(K), 108 Stat. 2147; Pub.L. 108-
458, Title VI, Sec. 6703(a), Dec. 17, 2004, 118
Stat. 3766.)
Chapter 83.--POSTAL SERVICE
1270 Sec. 1719. Franking privilege.
Whoever makes use of any official envelope, label, or
indorsement authorized by law, to avoid the payment of
postage or registry fee on his private letter, packet,
package, or other matter in the mail, shall be fined under
this title. (June 25, 1948, ch. 645, 62 Stat. 783; Sept. 13,
1994, Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(F), 108
Stat. 2147.)
Chapter 93.--PUBLIC OFFICERS AND EMPLOYEES
1271 Sec. 1906. Disclosure of information from a bank examination
report.
Whoever, being an examiner, public or private, or a
Government Accountability Office employee with access to
bank examination report information under section 714 of
title 31, discloses the names of borrowers or the collateral
for loans of any member bank of the Federal Reserve System,
any bank insured by the Federal Deposit Insurance
Corporation, any branch or agency of a foreign bank (as such
terms are defined in paragraphs (1) and (3) of section 1(b)
of the International Banking Act of 1978), or any
organization operating under section 25 or section 25(a) of
the Federal Reserve Act, examined by him or subject to
Government Accountability Office audit under section 714 of
title 31 to other than the proper officers of such bank,
branch, agency, or organization, without first having
obtained the express permission in writing from the
Comptroller of the Currency as to a national bank or a
Federal branch or Federal agency (as such terms are defined
in paragraphs (5) and (6) of section 1(b) of the
International Banking Act of 1978), the Board of Governors
of the Federal Reserve System as to a State member bank, an
uninsured State branch or State agency (as such terms are
defined in paragraphs (11) and (12) of section 1(b) of the
International Banking Act of 1978), or an organization
operating under section 25 or section 25(a) of the Federal
Reserve Act, or the Federal Deposit Insurance Corporation as
to any other insured bank, including any insured branch (as
defined in section 3(s) of the Federal Deposit Insurance
Act), or from the board of directors of such bank or
organization, except when ordered to do so by a court of
competent jurisdiction, or by direction of the Congress of
the United States, or either House thereof, or any committee
of Congress or either House duly authorized or as authorized
by section 714 of title 31 shall be fined under this title
or imprisoned not more than one year or both. (June 25,
1948, ch. 645, 62 Stat. 791; July 21, 1978, Pub.L. 95-320,
Sec. 3, 92 Stat. 393; Sept. 13, 1982, Pub.L. 97-258,
Sec. 3(e)(1), 96 Stat. 1064; Nov. 29, 1990, Pub.L. 101-647,
Title XXV, Sec. 2597(k), 104 Stat. 4911; Sept. 13, 1994,
Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(K), 108 Stat.
2147; Pub.L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat.
814.)
1272 Sec. 1913. Lobbying with appropriated moneys.
No part of the money appropriated by any enactment of
Congress shall, in the absence of express authorization by
Congress, be used directly or indirectly to pay for any
personal service, advertisement, telegram, telephone,
letter, printed or written matter, or other device, intended
or designed to influence in any manner a Member of Congress,
a jurisdiction, or an official of any government, adopt or
oppose, by vote or otherwise, any legislation, law,
ratification, policy, or appropriation, whether before or
after the introduction of any bill, measure, or resolution
proposing such legislation, law, ratification, policy, or
appropriation; but this shall not prevent officers or
employees of the United States or of its departments or
agencies from communicating to any such Member or official,
at his request or to Congress, or such official through the
proper official channels, requests for any legislation law,
ratification, policy, or appropriations which they deem
necessary for the efficient conduct of the public business,
or from making any communication whose prohibition by this
section might, in the opinion of the Attorney General,
violate the Constitution or interfere with the conduct of
foreign policy, counter-intelligence, intelligence, or
national security activities. Violations of this section
shall constitute violations of section 1352(a) of Title 31.
(June 25, 1948, ch. 645, 62 Stat. 792; Sept. 13, 1994,
Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(G), 108 Stat.
2147; Pub.L. 107-273, Div. A, Title II, Sec. 205 (b), Nov.
2, 2002, 116 Stat. 1778.)
1273 Sec. 1918. Disloyalty and asserting the right to strike
against the Government.
Whoever violates the provision of section 7311 of title
5 that an individual may not accept or hold a position in
the Government of the United States or the government of the
District of Columbia if he--
(1) advocates the overthrow of our
constitutional form of government;
(2) is a member of an organization that he
knows advocates the overthrow of our
constitutional form of government;
(3) participates in a strike, or asserts the
right to strike, against the Government of the
United States or the government of the District
of Columbia; or
(4) is a member of an organization of
employees of the Government of the United States
or of individuals employed by the government of
the District of Columbia that he knows asserts
the right to strike against the Government of
the United States or the government of the
District of Columbia;
shall be fined under this title or imprisoned not more than
one year and a day, or both. (Added Pub.L. 89-554,
Sec. 3(d), Sept. 6, 1966, 80 Stat. 609, and amended Pub.L.
104-294, Title VI, Sec. 601(a)(8), Oct. 11, 1996, 110 Stat.
3498.)
Part V.--IMMUNITY OF WITNESSES
1274 Sec. 6001. Definitions.
As used in this chapter--
(1) ``agency of the United States'' means
any executive department as defined in section
101 of title 5, United States Code, a military
department as defined in section 102 of title 5,
United States Code, the Nuclear Regulatory
Commission, the Board of Governors of the
Federal Reserve System, the China Trade Act
registrar appointed under 53 Stat. 1432 (15
U.S.C. sec. 143), the Commodity Futures Trading
Commission, the Federal Communications
Commission, the Federal Deposit Insurance
Corporation, the Federal Maritime Commission,
the Federal Power Commission, the Federal Trade
Commission, the Surface Transportation Board,
the National Labor Relations Board, the National
Transportation Safety Board, the Railroad
Retirement Board, an arbitration board
established under 48 Stat. 1193 (45 U.S.C. sec.
157), the Securities and Exchange Commission, or
a board established under 49 Stat. 31 (15 U.S.C.
sec. 715d);
(2) ``other information'' includes any book,
paper, document, record, recording, or other
material;
(3) ``proceeding before an agency of the
United States'' means any proceeding before such
an agency with respect to which it is authorized
to issue subpoenas and to take testimony or
receive other information from witnesses under
oath; and
(4) ``court of the United States'' means any
of the following courts: the Supreme Court of
the United States, a United States court of
appeals, a United States district court
established under chapter 5, title 28, United
States Code, a United States bankruptcy court
established under chapter 6, title 28, United
States Code, the District of Columbia Court of
Appeals, the Superior Court of the District of
Columbia, the District Court of Guam, the
District Court of the Virgin Islands, the United
States Court of Federal Claims, the Tax Court of
the United States, the Court of International
Trade, and the Court of Appeals for the Armed
Forces. (Added Pub.L. 91-452, Title II,
Sec. 201(a), Oct. 15, 1970, 84 Stat. 926, and
amended Pub.L. 95-405, Sec. 25, Sept. 30, 1978,
92 Stat. 877; Pub.L. 95-598, Title III,
Sec. 314(l), Nov. 6, 1978, 92 Stat. 2678; Pub.L.
96-417, Title VI, Sec. 601(l), Oct. 10, 1980, 94
Stat. 1744; Pub.L. 97-164, Title I, Sec. 164(l),
Apr. 2, 1982, 96 Stat. 50; Pub.L. 102-550, Title
XV, Sec. 1543, Oct. 28, 1992, 106 Stat. 4069;
Pub.L. 103-272, Sec. 4(d), July 5, 1994, 108
Stat. 1361; Pub.L. 103-322, Title XXXIII,
Sec. 330013(2), (3), Sept. 13, 1994, 108 Stat.
2146; Pub.L. 103-337, Div. A, Title IX,
Sec. 924(d)(1)(B), Oct. 5, 1994, 108 Stat. 2832;
Pub.L. 104-88, Title III, Sec. 303(2), Dec. 29,
1995, 109 Stat. 943.)
1275 Sec. 6002. Immunity generally.
Whenever a witness refuses, on the basis of his
privilege against self-incrimination, to testify or provide
other information in a proceeding before or ancillary to--
(1) a court or grand jury of the United
States,
(2) an agency of the United States, or
(3) either House of Congress, a joint
committee of the two Houses, or a committee or a
subcommittee of either House,
and the person presiding over the proceeding communicates to
the witness an order issued under this title, the witness
may not refuse to comply with the order on the basis of his
privilege against self-incrimination; but no testimony or
other information compelled under the order (or any
information directly or indirectly derived from such
testimony or other information) may be used against the
witness in any criminal case, except a prosecution for
perjury, giving a false statement, or otherwise failing to
comply with the order. (Added Pub.L. 91-452, Title II,
Sec. 201(a), Oct. 15, 1970, 84 Stat. 927, and amended Pub.L.
103-322, Title XXXIII, Sec. 330013(4), Sept. 13, 1994, 108
Stat. 2146.)
1276 Sec. 6005. Congressional proceedings.
(a) In the case of any individual who has been or may be
called to testify or provide other information at any
proceeding before or ancillary to either House of Congress,
or any committee, or any subcommittee of either House, or
any joint committee of the two Houses, a United States
district court shall issue, in accordance with subsection
(b) of this section, upon the request of a duly authorized
representative of the House of Congress or the committee
concerned, an order requiring such individual to give
testimony or provide other information which he refuses to
give or provide on the basis of his privilege against self-
incrimination, such order to become effective as provided in
section 6002 of this title.
(b) Before issuing an order under subsection (a) of this
section, a United States district court shall find that--
(1) in the case of a proceeding before or
ancillary to either Houses of Congress, the
request for such an order has been approved by
an affirmative vote of a majority of the Members
present of that House;
(2) in the case of a proceeding before or
ancillary to a committee or a subcommittee of
either House of Congress or a joint committee of
both Houses, the request for such an order has
been approved by an affirmative vote of two-
thirds of the members of the full committee; and
(3) ten days or more prior to the day on
which the request for such an order was made,
the Attorney General was served with notice of
an intention to request the order.
(c) Upon application of the Attorney General, the United
States district court shall defer the issuance of any order
under subsection (a) of this section for such period, not
longer than twenty days from the date of the request for
such order, as the Attorney General may specify.
(Added Pub.L. 91-452, Title II, Sec. 201(a), Oct. 15, 1970,
84 Stat. 928, and amended Pub.L. 103-322, Title XXXIII,
Sec. 330013(4), Sept. 13, 1994, 108 Stat. 2146; Pub.L. 104-
292, Sec. 5, Oct. 11, 1996, 110 Stat. 3460; Pub.L. 104-294,
Title VI, Sec. 605(o), Oct. 11, 1996, 110 Stat. 3510.)
19 u.s.c.--customs duties
general and permanent laws relating to the senate
TITLE 19.--CUSTOMS DUTIES
* * * * * * *
Chapter 12.--TRADE ACT OF 1974
* * * * * * *
Subchapter I.--Negotiating and Other Authority
* * * * * * *
Part 5.--CONGRESSIONAL PROCEDURES WITH RESPECT TO
PRESIDENTIAL ACTIONS
1300 Sec. 2191. Bills implementing trade agreements on nontariff
barriers and resolutions approving commercial agreements
with Communist countries.
(a) Rules of House of Representatives and Senate
This section and sections 2192 and 2193 of this title
are enacted by the Congress--
(1) as an exercise of the rulemaking power
of the House of Representatives and the Senate,
respectively, and as such they are deemed a part
of the rules of each House, respectively, but
applicable only with respect to the procedure to
be followed in that House in the case of
implementing bills described in subsection
(b)(1) of this section, implementing revenue
bills described in subsection (b)(2) of this
section, approval resolutions described in
subsection (b)(3) of this section, and
resolutions described in sections 2192(a) and
2193(a) of this title; and they supersede other
rules only to the extent that they are
inconsistent therewith; and
(2) with full recognition of the
constitutional right of either House to change
the rules (so far as relating to the procedure
of that House) at any time, in the same manner
and to the same extent as in the case of any
other rule of that House.
(b) Definitions
For purposes of this section--
(1) The term ``implementing bill'' means
only a bill of either House of Congress which is
introduced as provided in subsection (c) of this
section with respect to one or more trade
agreements, or with respect to an extension
described in section 3572(c)(3) of this title,
submitted to the House of Representatives and
the Senate under section 2112, section 3572 of
this title, or section 3805(a)(1) of this title,
and which contains--
(A) a provision approving such trade
agreement or agreements or such extension,
(B) a provision approving the statement
of administrative action (if any) proposed
to implement such trade agreement or
agreements, and
(C) if changes in existing laws or new
statutory authority is required to implement
such trade agreement or agreements or such
extension, provisions, necessary or
appropriate to implement such trade
agreement or agreements or such extension,
either repealing or amending existing laws
or providing new statutory authority.
(2) The term ``implementing revenue bill or
resolution'' means an implementing bill, or
approval resolution, which contains one or more
revenue measures by reason of which it must
originate in the House of Representatives.
(3) The term ``approval resolution'' means
only a joint resolution of the two Houses of the
Congress, the matter after the resolving clause
of which is as follows: ``That the Congress
approves the extension of nondiscriminatory
treatment with respect to the products of ------
-- transmitted by the President to the Congress
on ------.'', the first blank space being filled
with the name of the country involved and the
second blank space being filled with the
appropriate date.
(c) Introduction and referral
(1) On the day on which a trade agreement is submitted
to the House of Representatives and the Senate under section
2112, section 3572 of this title, or section 3805(a)(1) of
this title, the implementing bill submitted by the President
with respect to such trade agreement or extension shall be
introduced (by request) in the House by the majority leader
of the House, for himself and the minority leader of the
House, or by Members of the House designated by the majority
leader and minority leader of the House; and shall be
introduced (by request) in the Senate by the majority leader
of the Senate, for himself and the minority leader of the
Senate, or by Members of the Senate designated by the
majority leader and minority leader of the Senate. If either
House is not in session on the day on which such a trade
agreement or extension is submitted, the implementing bill
shall be introduced in that House, as provided in the
preceding sentence, on the first day thereafter on which
that House is in session. Such bills shall be referred by
the Presiding Officers of the respective Houses to the
appropriate committee, or, in the case of a bill containing
provisions within the jurisdiction of two or more
committees, jointly to such committees for consideration of
those provisions within their respective jurisdictions.
(2) On the day on which a bilateral commercial
agreement, entered into under subchapter IV of this chapter
after January 3, 1975, is transmitted to the House of
Representatives and the Senate, an approval resolution with
respect to such agreement shall be introduced (by request)
in the House by the majority leader of the House, for
himself and the minority leader of the House, or by Members
of the House designated by the majority leader and minority
leader of the House; and shall be introduced (by request) in
the Senate by the majority leader of the Senate, for himself
and the minority leader of the Senate, or by Members of the
Senate designated by the majority leader and minority leader
of the Senate. If either House is not in session on the day
on which such an agreement is transmitted, the approval
resolution with respect to such agreement shall be
introduced in that House, as provided in the preceding
sentence, on the first day thereafter on which that House is
in session. The approval resolution introduced in the House
shall be referred to the Committee on Ways and Means and the
approval resolution introduced in the Senate shall be
referred to the Committee on Finance.
(d) Amendments prohibited
No amendment to an implementing bill or approval
resolution shall be in order in either the House of
Representatives or the Senate; and no motion to suspend the
application of this subsection shall be in order in either
House, nor shall it be in order in either House for the
Presiding Officer to entertain a request to suspend the
application of this subsection by unanimous consent.
(e) Period for committee and floor consideration
(1) Except as provided in paragraph (2), if the
committee or committees of either House to which an
implementing bill or approval resolution has been referred
have not reported it at the close of the 45th day after its
introduction, such committee or committees shall be
automatically discharged from further consideration of the
bill or resolution and it shall be placed on the appropriate
calendar. A vote on final passage of the bill or resolution
shall be taken in each House on or before the close of the
15th day after the bill or resolution is reported by the
committee or committees of that House to which it was
referred, or after such committee or committees have been
discharged from further consideration of the bill or
resolution. If prior to the passage by one House of an
implementing bill or approval resolution of that House, that
House receives the same implementing bill or approval
resolution from the other House, then--
(A) the procedure in that House shall be the
same as if no implementing bill or approval
resolution had been received from the other
House; but
(B) the vote on final passage shall be on
the implementing bill or approval resolution of
the other House.
(2) The provisions of paragraph (1) shall not apply in
the Senate to an implementing revenue bill or resolution. An
implementing revenue bill or resolution received from the
House shall be referred to the appropriate committee or
committees of the Senate. If such committee or committees
have not reported such bill at the close of the 15th day
after its receipt by the Senate (or, if later, before the
close of the 45th day after the corresponding implementing
revenue bill or resolution was introduced in the Senate),
such committee or committees shall be automatically
discharged from further consideration of such bill or
resolution and it shall be placed on the calendar. A vote on
final passage of such bill or resolution shall be taken in
the Senate on or before the close of the 15th day after such
bill or resolution is reported by the committee or
committees of the Senate to which it was referred, or after
such committee or committees have been discharged from
further consideration of such bill or resolution.
(3) For purposes of paragraphs (1) and (2), in computing
a number of days in either House, there shall be excluded
any day on which that House is not in session.
(f) Floor consideration in the House
(1) A motion in the House of Representatives to proceed
to the consideration of an implementing bill or approval
resolution shall be highly privileged and not debatable. An
amendment to the motion shall not be in order, nor shall it
be in order to move to reconsider the vote by which the
motion is agreed to or disagreed to.
(2) Debate in the House of Representatives on an
implementing bill or approval resolution shall be limited to
not more than 20 hours, which shall be divided equally
between those favoring and those opposing the bill or
resolution. A motion further to limit debate shall not be
debatable. It shall not be in order to move to recommit an
implementing bill or approval resolution or to move to
reconsider the vote by which an implementing bill or
approval resolution is agreed to or disagreed to.
(3) Motions to postpone, made in the House of
Representatives with respect to the consideration of an
implementing bill or approval resolution, and motions to
proceed to the consideration of other business, shall be
decided without debate.
(4) All appeals from the decisions of the chair relating
to the application of the Rules of the House of
Representatives to the procedure relating to an implementing
bill or approval resolution shall be decided without debate.
(5) Except to the extent specifically provided in the
preceding provisions of this subsection, consideration of an
implementing bill or approval resolution shall be governed
by the Rules of the House of Representatives applicable to
other bills and resolutions in similar circumstances.
(g) Floor consideration in the Senate
(1) A motion in the Senate to proceed to the
consideration of an implementing bill or approval resolution
shall be privileged and not debatable. An amendment to the
motion shall not be in order, nor shall it be in order to
move to reconsider the vote by which the motion is agreed to
or disagreed to.
(2) Debate in the Senate on an implementing bill or
approval resolution, and all debatable motions and appeals
in connection therewith, shall be limited to not more than
20 hours. The time shall be equally divided between, and
controlled by, the majority leader and the minority leader
or their designees.
(3) Debate in the Senate on any debatable motion or
appeal in connection with an implementing bill or approval
resolution shall be limited to not more than 1 hour, to be
equally divided between, and controlled by, the mover and
the manager of the bill or resolution, except that in the
event the manager of the bill or resolution is in favor of
any such motion or appeal, the time in opposition thereto,
shall be controlled by the minority leader or his designee.
Such leaders, or either of them, may, from time under their
control on the passage of an implementing bill or approval
resolution, allot additional time to any Senator during the
consideration of any debatable motion or appeal.
(4) A motion in the Senate to further limit debate is
not debatable. A motion to recommit an implementing bill or
approval resolution is not in order. (Jan. 3, 1975, Pub.L.
93-618, Sec. 151, 88 Stat. 2001; Aug. 23, 1988, Pub.L. 100-
418, Sec. 1007(b)(1), 102 Stat. 1135; Aug. 20, 1990, Pub.L.
101-382, Sec. 132(b)(2), 104 Stat. 645; Dec. 8, 1994, Pub.L.
103-465, Title II, Sec. 282(c)(4), 108 Stat. 4929; Pub.L.
107-210, Div. B, Title XXI, Sec. 2110(a)(1), Aug. 6, 2002,
116 Stat. 1019.)
1301 Sec. 2192. Resolutions disapproving certain actions.
(a) Contents of resolutions
(1) For purposes of this section, the term
``resolution'' means only--
(A) a joint resolution of the two Houses of
the Congress, the matter after the resolving
clause of which is as follows: ``That the
Congress does not approve the action taken by,
or the determination of, the President under
section 203 of the Trade Act of 1974 [19 U.S.C.
2253] transmitted to the Congress on ----------
'', the blank space being filled with the
appropriate date; and
(B) a joint resolution of the two Houses of
Congress, the matter after the resolving clause
of which is as follows: ``That the Congress does
not approve ---------- transmitted to the
Congress on ----------'', with the first blank
space being filled in accordance with paragraph
(2), and the second blank space being filled
with the appropriate date.
(2) The first blank space referred to in paragraph
(1)(B) shall be filled, in the case of a resolution referred
to in section 2437(c)(2) of this title, with the phrase
``the report of the President submitted under section ------
of the Trade Act of 1974 with respect to ----------'' (with
the first blank space being filled with ``402(b)'' or
``409(b)'' [19 U.S.C. 2432(b) or 2439(b)] as appropriate,
and the second blank space being filled with the name of the
country involved).
(b) Reference to committees
All resolutions introduced in the House of
Representatives shall be referred to the Committee on Ways
and Means and all resolutions introduced in the Senate shall
be referred to the Committee on Finance.
(c) Discharge of committees
(1) If the committee of either House to which a
resolution has been referred has not reported it at the end
of 30 days after its introduction, not counting any day
which is excluded under section 2194(b) of this title, it is
in order to move either to discharge the committee from
further consideration of the resolution or to discharge the
committee from further consideration of any other resolution
introduced with respect to the same matter, except that a
motion to discharge--
(A) may only be made on the second
legislative day after the calendar day on which
the Member making the motion announces to the
House his intention to do so; and
(B) is not in order after the Committee has
reported a resolution with respect to the same
matter.
(2) A motion to discharge under paragraph (1) may be
made only by an individual favoring the resolution, and is
highly privileged in the House and privileged in the Senate;
and debate thereon shall be limited to not more than 1 hour,
the time to be divided in the House equally between those
favoring and those opposing the resolution, and to be
divided in the Senate equally between, and controlled by,
the majority leader and the minority leader or their
designees. An amendment to the motion is not in order, and
it is not in order to move to reconsider the vote by which
the motion is agreed to or disagreed to.
(d) Floor consideration in the House
(1) A motion in the House of Representatives to proceed
to the consideration of a resolution shall be highly
privileged and not debatable. An amendment to the motion
shall not be in order, nor shall it be in order to move to
reconsider the vote by which the motion is agreed to or
disagreed to.
(2) Debate in the House of Representatives on a
resolution shall be limited to not more than 20 hours, which
shall be divided equally between those favoring and those
opposing the resolution. A motion further to limit debate
shall not be debatable. No amendment to, or motion to
recommit, the resolution shall be in order. It shall not be
in order to move to reconsider the vote by which a
resolution is agreed to or disagreed to.
(3) Motions to postpone, made in the House of
Representatives with respect to the consideration of a
resolution, and motions to proceed to the consideration of
other business shall be decided without debate.
(4) All appeals from the decisions of the Chair relating
to the application of the Rules of the House of
Representatives to the procedure relating to a resolution
shall be decided without debate.
(5) Except to the extent specifically provided in the
preceding provisions of this subsection, consideration of a
resolution in the House of Representatives shall be governed
by the Rules of the House of Representatives applicable to
other resolutions in similar circumstances.
(e) Floor consideration in the Senate
(1) A motion in the Senate to proceed to the
consideration of a resolution shall be privileged. An
amendment to the motion shall not be in order, nor shall it
be in order to move to reconsider the vote by which the
motion is agreed to or disagreed to.
(2) Debate in the Senate on a resolution, and all
debatable motions and appeals in connection therewith, shall
be limited to not more than 20 hours, to be equally divided
between, and controlled by, the majority leader and the
minority leader or their designees.
(3) Debate in the Senate on any debatable motion or
appeal in connection with a resolution shall be limited to
not more than 1 hour, to be equally divided, between, and
controlled by, the mover and the manager of the resolution,
except that in the event the manager of the resolution is in
favor of any such motion or appeal, the time in opposition
thereto, shall be controlled by the minority leader or his
designee. Such leaders, or either of them, may, from time
under their control on the passage of a resolution, allot
additional time to any Senator during the consideration of
any debatable motion or appeal.
(4) A motion in the Senate to further limit debate on a
resolution, debatable motion, or appeal is not debatable. No
amendment to, or motion to recommit, a resolution is in
order in the Senate.
(f) Procedures in the Senate
(1) Except as otherwise provided in the section, the
following procedures shall apply in the Senate to a
resolution to which this section applies:
(A)(i) Except as provided in clause (ii), a
resolution that has passed the House of
Representatives shall, when received in the
Senate, be referred to the Committee on Finance
for consideration in accordance with this
section.
(ii) If a resolution to which this section
applies was introduced in the Senate before
receipt of a resolution that has passed the
House of Representatives, the resolution from
the House of Representatives shall, when
received in the Senate be placed on the
calendar. If this clause applies, the procedures
in the Senate with respect to a resolution
introduced in the Senate that contains the
identical matter as the resolution that passed
the House of Representatives shall be the same
as if no resolution had been received from the
House of Representatives, except that the vote
on passage in the Senate shall be on the
resolution that passed the House of
Representatives.
(B) If the Senate passes a resolution before
receiving from the House of Representatives a
joint resolution that contains the identical
matter, the joint resolution shall be held at
the desk pending receipt of the joint resolution
from the House of Representatives. Upon receipt
of the joint resolution from the House of
Representatives, such joint resolution shall be
deemed to be read twice, considered, read the
third time, and passed.
(2) If the texts of joint resolutions described in
section 2192 or 2193(a) of this title, whichever is
applicable, concerning any matter are not identical--
(A) the Senate shall vote passage on the
resolution introduced in the Senate, and
(B) the text of the joint resolution passed
by the Senate shall, immediately upon its
passage (or, if later, upon receipt of the joint
resolution passed by the House), be substituted
for the text of the joint resolution passed by
the House of Representatives, and such
resolution, as amended, shall be returned with a
request for a conference between the two Houses.
(3) Consideration in the Senate of any veto message with
respect to a joint resolution described in subsection
(a)(2)(B) of this section or section 2193(a) of this title,
including consideration of all debatable motions and appeals
in connection therewith, shall be limited to 10 hours, to be
equally divided between, and controlled by, the majority
leader and the minority leader or their designees. (Jan. 3,
1975, Pub.L. 93-618, Sec. 152, 88 Stat. 2004; July 26, 1979,
Pub.L. 96-39, Sec. 902(a)(1), 1106(c)(5), 93 Stat. 299, 312;
Oct. 30, 1984, Pub.L. 98-573, Sec. 248(b), 98 Stat. 2998;
Aug. 20, 1990, Pub.L. 101-382, Sec. 132(c)(2)-(5), 104 Stat.
646, 647; Dec. 8, 1994, Pub.L. 103-465,
Sec. 261(d)(1)(A)(ii), 108 Stat. 4909; Pub.L. 104-295,
Sec. 20(b)(10), Oct. 11, 1996, 110 Stat. 3527.)
1302 Sec. 2193. Resolutions relating to extension of waiver
authority under section 402 of the Trade Act of 1974.
(a) Contents of resolutions
For purposes of this section the term ``resolution''
means only a joint resolution of the two Houses of Congress,
the matter after the resolving clause of which is as
follows: ``That the Congress does not approve the extension
of the authority contained in section 402(c) of the Trade
Act of 1974 [19 U.S.C. 2432(c)] recommended by the President
to the Congress on ---------- with respect to ----------,''
with the first blank space being filled with the appropriate
date, and the second blank space being filled with the names
of those countries, if any, with respect to which such
extension of authority is not approved and with the clause
beginning with ``with respect to'' being omitted if the
extension of the authority is not approved with respect to
any country.
(b) Application of rules of section 2192 of this title;
exceptions
(1) Except as provided in this section, the provisions
of section 2192 of this title shall apply to resolutions
described in subsection (a) of this section.
(2) In applying section 2192(c)(1) of this title, all
calendar days shall be counted.
(3) That part of section 2192(d)(2) of this title which
provides that no amendment is in order shall not apply to
any amendment to a resolution which is limited to striking
out or inserting the names of one or more countries or to
striking out or inserting a with-respect-to clause. Debate
in the House of Representatives on any amendment to a
resolution shall be limited to not more than 1 hour which
shall be equally divided between those favoring and those
opposing the amendment. A motion in the House to further
limit debate on an amendment to a resolution is not
debatable.
(4) That part of section 2192(e)(4) of this title which
provides that no amendment is in order shall not apply to
any amendment to a resolution which is limited to striking
out or inserting the names of one or more countries or to
striking out or inserting a with-respect-to clause. The time
limit on a debate on a resolution in the Senate under
section 2192(e)(2) of this title shall include all
amendments to a resolution. Debate in the Senate on any
amendment to a resolution shall be limited to not more than
1 hour, to be equally divided between, and controlled by,
the mover and the manager of the resolution, except that in
the event the manager of the resolution is in favor of any
such amendment, the time in opposition thereto shall be
controlled by the minority leader or his designee. The
majority leader and minority leader may, from time under
their control on the passage of a resolution, allot
additional time to any Senator during the consideration of
any amendment. A motion in the Senate to further limit
debate on an amendment to a resolution is not debatable.
(c) Consideration of second resolution not in order
It shall not be in order in either the House of
Representatives or the Senate to consider a resolution with
respect to a recommendation of the President under section
2432(d) of this title (other than a resolution described in
subsection (a) of this section received from the other
House), if that House has adopted a resolution with respect
to the same recommendation.
(d) Procedures relating to conference reports in the Senate
(1) Consideration in the Senate of the conference report
on any joint resolution described in subsection (a) of this
section, including consideration of all amendments in
disagreement (and all amendments thereto), and consideration
of all debatable motions and appeals in connection
therewith, shall be limited to 10 hours, to be equally
divided between, and controlled by, the majority leader and
the minority leader or their designees. Debate on any
debatable motion or appeal related to the conference report
shall be limited to 1 hour, to be equally divided between,
and controlled by, the mover and the manager of the
conference report.
(2) In any case in which there are amendments in
disagreement, time on each amendment shall be limited to 30
minutes, to be equally divided between, and controlled by,
the manager of the conference report and the minority leader
or his designee. No amendment to any amendment in
disagreement shall be received unless it is a germane
amendment. (Pub.L. 93-618, Title I, Sec. 153, Jan. 3, 1975,
88 Stat. 2006; Aug. 20, 1990, Pub.L. 101-382,
Sec. 132(a)(3)-(6), 104 Stat. 644, 645.)
1303 Sec. 2194. Special rules relating to Congressional
procedures.
(a) Whenever, pursuant to section 2112(c), 2253(b),
2432(d), or 2437 (a) or (b), a document is required to be
transmitted to the Congress, copies of such document shall
be delivered to both Houses of Congress on the same day and
shall be delivered to the Clerk of the House of
Representatives if the House is not in session and to the
Secretary of the Senate if the Senate is not in session.
(b) For purposes of sections 2253(c) and 2437(c)(2) of
this title, the 90-day period referred to in such sections
shall be computed by excluding--
(1) the days on which either House is not in
session because of an adjournment of more than 3
days to a day certain or an adjournment of the
Congress sine die, and
(2) any Saturday and Sunday, not excluded
under paragraph (1), when either House is not in
session. (Jan. 3, 1975, Pub.L. 93-618, Sec. 154,
88 Stat. 2008; July 26, 1979, Pub.L. 96-39,
Sec. 902(a)(2), 93 Stat. 300; Aug. 20, 1990,
Pub.L. 101-382, Sec. 132(c)(6), 104 Stat. 647;
Pub.L. 103-465, Title II,
Sec. 261(d)(1)(A)(iii), Dec. 8, 1994, 108 Stat.
4909; June 25, 1999, Pub.L. 106-36,
Sec. 1001(a)(5), 113 Stat. 130.)
Part 6.--CONGRESSIONAL LIAISON AND REPORTS
1304 Sec. 2211. Congressional advisers for trade policy and
negotiations.
(a) Selection
(1) At the beginning of each regular session of
Congress, the Speaker of the House of Representatives, upon
the recommendation of the chairman of the Committee on Ways
and Means, shall select 5 members (not more than 3 of whom
are members of the same political party) of such committee,
and the President pro tempore of the Senate, upon the
recommendation of the chairman of the Committee on Finance,
shall select 5 members (not more than 3 of whom are members
of the same political party) of such committee, who shall be
designated congressional advisers on trade policy and
negotiations. They shall provide advice on the development
of trade policy and priorities for the implementation
thereof. They shall also be accredited by the United States
Trade Representative on behalf of the President as official
advisers to the United States delegations to international
conferences, meetings, and negotiating sessions relating to
trade agreements.
(2)(A) In addition to the advisers designated under
paragraph (1) from the Committee on Ways and Means and the
Committee on Finance--
(i) the Speaker of the House may select
additional members of the House, for designation
as congressional advisers regarding specific
trade policy matters or negotiations, from any
other committee of the House or joint committee
of Congress that has jurisdiction over
legislation likely to be affected by such
matters or negotiations; and
(ii) the President pro tempore of the Senate
may select additional members of the Senate, for
designation as congressional advisers regarding
specific trade policy matters or negotiations,
from any other committee of the Senate or joint
committee of Congress that has jurisdiction over
legislation likely to be affected by such
matters or negotiations.
Members of the House and Senate selected as
congressional advisers under this subparagraph shall
be accredited by the United States Trade
Representative.
(B) Before designating any member under subparagraph
(A), the Speaker or the President pro tempore shall consult
with--
(i) the chairman and ranking member of the
Committee on Ways and Means or the Committee on
Finance, as appropriate; and
(ii) the chairman and ranking minority
member of the committee from which the member
will be selected.
(C) Not more than 3 members (not more than 2 of whom are
members of the same political party) may be selected under
this paragraph as advisers from any committee of Congress.
(b) Briefing
(1) The United States Trade Representative shall keep
each official adviser designated under subsection (a)(1)
currently informed on matters affecting the trade policy of
the United States and, with respect to possible agreements,
negotiating objectives, the status of negotiations in
progress, and the nature of any changes in domestic law or
the administration thereof which may be recommended to
Congress to carry out any trade agreement or any requirement
of, amendment to, or recommendation under, such agreement.
(2) The United States Trade Representative shall keep
each official adviser designated under subsection (a)(2) of
this section currently informed regarding the trade policy
matters and negotiations with respect to which the adviser
is designated.
(3)(A) The chairmen of the Committee on Ways and Means
and the Committee on Finance may designate members (in
addition to the official advisers under subsection (a)(1) of
this section) and staff members of their respective
committees who shall have access to the information provided
to official advisers under paragraph (1).
(B) The chairman of any committee of the House or Senate
or any joint committee of Congress from which official
advisers are selected under subsection (a)(2) may designate
other members of such committee, and staff members of such
committee, who shall have access to the information provided
to official advisers under paragraph (2).
(c) Committee consultation
The United States Trade Representative shall consult on
a continuing basis with the Committee on Ways and Means of
the House of Representatives, the Committee on Finance of
the Senate, and the other appropriate committees of the
House and Senate on the development, implementation, and
administration of overall trade policy of the United States.
Such consultations shall include, but are not limited to,
the following elements of such policy:
(1) The principal multilateral and bilateral
negotiating objectives and the progress being
made toward their achievement.
(2) The implementation, administration, and
effectiveness of recently concluded multilateral
and bilateral trade agreements and resolution of
trade disputes.
(3) The actions taken, and proposed to be
taken, under the trade laws of the United States
and the effectiveness, or anticipated
effectiveness, of such actions in achieving
trade policy objectives.
(4) The important developments and issues in
other areas of trade for which there must be
developed proper policy response.
When necessary, meetings shall be held with each Committee
in executive session to review matters under negotiation.
(Jan. 3, 1975, Pub.L. 93-618, Sec. 161, 88 Stat. 2008; July
26, 1979, Pub.L. 96-39, Sec. 3(e), 93 Stat. 150; Jan. 2,
1980, 1979 Reorg. Plan No. 3, Sec. (b)(1), 93 Stat. 1381;
Aug. 23, 1988, Pub.L. 100-418, Sec. 1632, 102 Stat. 1269.)
1305 Sec. 2212. Transmission of agreements to Congress.
(a) As soon as practicable after a trade agreement
entered into under section 2133 or 2134 of this title or
under section 3803 of this title has entered into force with
respect to the United States, the President shall, if he has
not previously done so, transmit a copy of such trade
agreement to each House of the Congress together with a
statement, in the light of the advice of the International
Trade Commission under section 2151(b) of this title, if
any, and of other relevant considerations, of his reasons
for entering into the agreement.
(b) The President shall transmit to each Member of the
Congress a summary of the information required to be
transmitted to each House under subsection (a) of this
section. For purposes of this subsection, the term
``Member'' includes any Delegate or Resident Commissioner.
(Jan. 3, 1975, Pub.L. 93-618, Sec. 162, 88 Stat. 2008; Nov.
10, 1988, Pub.L. 100-647, Sec. 9001(a)(10), 102 Stat. 3807;
Pub.L. 107-210, Div. B, Title XXI, Sec. 2110(a)(6), Aug. 6,
2002, 116 Stat. 1020.)
1306 Sec. 2213. Reports.
(a) Annual report on trade agreements program and national
trade policy agenda
(1) The President shall submit to the Congress during
each calendar year (but not later than March 1 of that year)
a report on--
(A) the operation of the trade agreements
program, and the provision of import relief and
adjustment assistance to workers and firms,
under this Act during the preceding calendar
year; and
(B) the national trade policy agenda for the
year in which the report is submitted.
(2) The report shall include, with respect to the
matters referred to in paragraph (1)(A), information
regarding--
(A) new trade negotiations;
(B) changes made in duties and nontariff
barriers and other distortions of trade of the
United States;
(C) reciprocal concessions obtained;
(D) changes in trade agreements (including
the incorporation therein of actions taken for
import relief and compensation provided
therefor);
(E) the extension or withdrawal of
nondiscriminatory treatment by the United States
with respect to the products of foreign
countries;
(F) the extension, modification, withdrawal,
suspension, or limitation of preferential
treatment to exports of developing countries;
(G) the results of actions to obtain the
removal of foreign trade restrictions (including
discriminatory restrictions) against United
States exports and the removal of foreign
practices which discriminate against United
States service industries (including
transportation and tourism) and investment;
(H) the measures being taken to seek the
removal of other significant foreign import
restrictions;
(I) each of the referrals made under section
2171(d)(1)(B) of this title and any action taken
with respect to such referral;
(J) other information relating to the trade
agreements program and to the agreements entered
into thereunder; and
(K) the number of applications filed for
adjustment assistance for workers and firms, the
number of such applications which were approved,
and the extent to which adjustment assistance
has been provided under such approved
applications.
(3)(A) The national trade policy agenda required under
paragraph (1)(B) for the year in which a report is submitted
shall be in the form of a statement of--
(i) the trade policy objectives and
priorities of the United States for the year,
and the reasons therefor;
(ii) the actions proposed, or anticipated,
to be undertaken during the year to achieve such
objectives and priorities, including, but not
limited to, actions authorized under the trade
laws and negotiations with foreign countries;
(iii) any proposed legislation necessary or
appropriate to achieve any of such objectives or
priorities; and
(iv) the progress that was made during the
preceding year in achieving the trade policy
objectives and priorities included in the
statement provided for that year under this
paragraph.
(B) The President may separately submit any information
referred to in subparagraph (A) to the Congress in
confidence if the President considers confidentiality
appropriate.
(C) Before submitting the national trade policy agenda
for any year, the President shall seek advice from the
appropriate advisory committees established under section
2155 of this title and shall consult with the appropriate
committees of the Congress.
(D) The United States Trade Representative (hereafter
referred to in this section as the ``Trade Representative'')
and other appropriate officials of the United States
Government shall consult periodically with the appropriate
committees of the Congress regarding the annual objectives
and priorities set forth in each national trade policy
agenda with respect to--
(i) the status and results of the actions
that have been undertaken to achieve the
objectives and priorities; and
(ii) any development which may require, or
result in, changes to any of such objectives or
priorities.
(b) Annual trade projection report
(1) In order for the Congress to be informed of the
impact of foreign trade barriers and macroeconomic factors
on the balance of trade of the United States, the Trade
Representative and the Secretary of the Treasury shall
jointly prepare and submit to the Committee on Finance of
the Senate and the Committee on Ways and Means of the House
of Representatives (hereafter referred to in this subsection
as the ``Committees'') on or before March 1 of each year a
report which consists of--
(A) a review and analysis of--
(i) the merchandise balance of trade,
(ii) the goods and services balance of
trade,
(iii) the balance on the current
account,
(iv) the external debt position,
(v) the exchange rates,
(vi) the economic growth rates,
(vii) the deficit or surplus in the
fiscal budget, and
(viii) the impact on United States trade
of market barriers and other unfair
practices,
of countries that are major trading partners of the
United States, including, as appropriate, groupings
of such countries;
(B) projections for each of the economic
factors described in subparagraph (A) (except
those described in clauses (v) and (viii)) for
each of the countries and groups of countries
referred to in subparagraph (A) for the year in
which the report is submitted and for the
succeeding year; and
(C) conclusions and recommendations, based
upon the projections referred to in subparagraph
(B), for policy changes, including trade policy,
exchange rate policy, fiscal policy, and other
policies that should be implemented to improve
the outlook.
(2) To the extent that subjects referred to in paragraph
(1) (A), (B), or (C) are covered in the national trade
policy agenda required under subsection (a)(1)(B) or in
other reports required by this Act or other law, the Trade
Representative and the Secretary of the Treasury may, as
appropriate, draw on the information, analysis, and
conclusions, if any, in those reports for the purposes of
preparing the report required by this subsection.
(3) The Trade Representative and the Secretary of the
Treasury shall consult with the Chairman of the Board of
Governors of the Federal Reserve System in the preparation
of each report required under this subsection.
(4) The Trade Representative and the Secretary of the
Treasury may separately submit any information, analysis, or
conclusion referred to in paragraph (1) to the Committees in
confidence if the Trade Representative and the Secretary
consider confidentiality appropriate.
(5) After submission of each report required under
paragraph (1), the Trade Representative and the Secretary of
the Treasury shall consult with each of the Committees with
respect to the report.
(c) ITC reports
The United States International Trade Commission shall
submit to the Congress, at least once a year, a factual
report on the operation of the trade agreements program.
(Jan. 3, 1975, Pub.L. 93-618, Sec. 163, 88 Stat. 2009; Aug.
23, 1988, Pub.L. 100-418, Sec. 1641, 102 Stat. 1271.)
* * * * * * *
Part 8.--IDENTIFICATION OF MARKET BARRIERS AND CERTAIN
UNFAIR TRADE ACTIONS
1307 Sec. 2241. Estimates of barriers to market access.
(a) National trade estimates
(1) In general
For calendar year 1988, and for each
succeeding calendar year, the United States
Trade Representative, through the interagency
trade organization established pursuant to
section 1872(a) of this title and with the
assistance of the interagency advisory committee
established under section 2171(d)(2) of this
title, shall--
(A) identify and analyze acts, policies,
or practices of each foreign country which
constitute significant barriers to, or
distortions of--
(i) United States exports of
goods or services (including
agricultural commodities; and
property protected by trademarks,
patents, and copyrights exported or
licensed by United States persons),
(ii) foreign direct investment
by United States persons, especially
if such investment has implications
for trade in goods or services; and
(iii) United States electronic
commerce,
(B) make an estimate of the trade-
distorting impact on United States commerce
of any act, policy, or practice identified
under subparagraph (A); and
(C) make an estimate, if feasible, of--
(i) the value of additional
goods and services of the United
States,
(ii) the value of additional
foreign direct investment by United
States persons, and
(iii) the value of additional
United States electronic commerce,
that would have been exported to, or
invested in, or transacted with, each
foreign country during such calendar year if
each of such acts, policies, and practices
of such country did not exist.
(2) Certain factors taken into account in making
analysis and estimate
In making any analysis or estimate under
paragraph (1), the Trade Representative shall
take into account--
(A) the relative impact of the act,
policy, or practice on United States
commerce;
(B) the availability of information to
document prices, market shares, and other
matters necessary to demonstrate the effects
of the act, policy, or practice;
(C) the extent to which such act,
policy, or practice is subject to
international agreements to which the United
States is a party;
(D) any advice given through appropriate
committees established pursuant to section
2155 of this title; and
(E) the actual increase in--
(i) the value of goods and
services of the United States
exported to,
(ii) the value of foreign direct
investment made in, and
(iii) the value of electronic
commerce transacted with,
the foreign country during the calendar year
for which the estimate under paragraph
(1)(C) is made.
(3) Annual revisions and updates
The Trade Representative shall annually
revise and update the analysis and estimate
under paragraph (1).
(b) Reports
(1) In general
On or before April 30, 1989, and on or
before March 31 of each succeeding calendar
year, the Trade Representative shall submit a
report on the analysis and estimates made under
subsection (a) of this section for the calendar
year preceding such calendar year (which shall
be known as the ``National Trade Estimate'') to
the President, the Committee on Finance of the
Senate, and appropriate committees of the House
of Representatives.
(2) Reports to include information with respect to
action being taken
The Trade Representative shall include in
each report submitted under paragraph (1)
information with respect to any action taken (or
the reasons for no action taken) to eliminate
any act, policy, or practice identified under
subsection (a), including, but not limited to--
(A) any action under section 2411 of this
title,
(B) negotiations or consultations with
foreign governments, or
(C) a section on foreign anticompetitive
practices, the toleration of which by foreign
governments is adversely affecting exports of
United States goods or services.
(3) Consultation with Congress on trade policy
priorities
The Trade Representative shall keep the
committees described in paragraph (1) currently
informed with respect to trade policy priorities
for the purposes of expanding market
opportunities. After the submission of the
report required by paragraph (1), the Trade
Representative shall also consult periodically
with, and take into account the views of, the
committees described in that paragraph regarding
means to address the foreign trade barriers
identified in the report, including the possible
initiation of investigations under section 2412
of this title or other trade actions.
(c) Assistance of other agencies
(1) Furnishing of information
The head of each department or agency of the
executive branch of the Government, including
any independent agency, is authorized and
directed to furnish to the Trade Representative
or to the appropriate agency, upon request, such
data, reports, and other information as is
necessary for the Trade Representative to carry
out his functions under this section. In
preparing the section of the report required by
subsection (b)(2)(C) of this section, the Trade
Representative shall consult in particular with
the Attorney General.
(2) Restrictions on release or use of information
Nothing in this subsection shall authorize
the release of information to, or the use of
information by, the Trade Representative in a
manner inconsistent with law or any procedure
established pursuant thereto.
(3) Personnel and services
The head of any department, agency, or
instrumentality of the United States may detail
such personnel and may furnish such services,
with or without reimbursement, as the Trade
Representative may request to assist in carrying
out his functions.
(d) Electronic commerce
For purposes of this section, the term ``electronic
commerce'' has the meaning given that term in section
1104(3) of the Internet Tax Freedom Act. (Pub.L. 93-618,
Title I, Sec. 181, as added Pub.L. 98-573, Title III,
Sec. 303(a), Oct. 30, 1984, 98 Stat. 3001, and amended
Pub.L. 100-418, Title I, Sec. 1304, Aug. 23, 1988, 102 Stat.
1181; Pub.L. 103-465, Title III, Sec. Sec. 311(a), 312, Dec.
8, 1994, 108 Stat. 4938; Pub.L. 105-277, Div. C, Title XII,
Sec. 1202, Oct. 21, 1998, 112 Stat. 2681-726.)
* * * * * * *
Chapter 22.--URUGUAY ROUND TRADE AGREEMENTS
* * * * * * *
1308 Sec. 3534. Annual report on WTO.
Not later than March 1 of each year beginning in 1996,
the Trade Representative shall submit to the Congress a
report describing, for the preceding fiscal year of the
WTO--
(1) the major activities and work programs
of the WTO, including the functions and
activities of the committees established under
article IV of the WTO Agreement, and the
expenditures made by the WTO in connection with
those activities and programs;
(2) the percentage of budgetary assessments
by the WTO that were accounted for by each WTO
member country, including the United States;
(3) the total number of personnel employed
or retained by the Secretariat of the WTO, and
the number of professional, administrative, and
support staff of the WTO;
(4) for each personnel category described in
paragraph (3), the number of citizens of each
country, and the average salary of the
personnel, in that category;
(5) each report issued by a panel or the
Appellate Body in a dispute settlement
proceeding regarding Federal or State law, and
any efforts by the Trade Representative to
provide for implementation of the
recommendations contained in a report that is
adverse to the United States;
(6) each proceeding before a panel or the
Appellate Body that was initiated during that
fiscal year regarding Federal or State law, the
status of the proceeding, and the matter at
issue;
(7) the status of consultations with any
State whose law was the subject of a report
adverse to the United States that was issued by
a panel or the Appellate Body; and
(8) any progress achieved in increasing the
transparency of proceedings of the Ministerial
Conference and the General Council, and of
dispute settlement proceedings conducted
pursuant to the Dispute Settlement
Understanding. (Dec. 8, 1994, Pub.L. 103-465,
Title I, Sec. 124, 108 Stat. 4832.)
1309 Sec. 3535. Review of participation in WTO.
(a) Report on the operation of WTO
The first annual report submitted to the Congress under
section 3534 of this title--
(1) after the end of the 5-year period
beginning on the date on which the WTO Agreement
enters into force with respect to the United
States, and
(2) after the end of every 5-year period
thereafter,
shall include an analysis of the effects of the WTO
Agreement on the interests of the United States, the costs
and benefits to the United States of its participation in
the WTO, and the value of the continued participation of the
United States in the WTO.
(b) Congressional disapproval of U.S. participation in WTO
(1) General rule
The approval of the Congress, provided under
section 3511(a) of this title, of the WTO
Agreement shall cease to be effective if, and
only if, a joint resolution described in
subsection (c) of this section is enacted into
law pursuant to the provisions of paragraph (2).
(2) Procedural provisions
(A) The requirements of this paragraph are
met if the joint resolution is enacted under
subsection (c) of this section, and--
(i) the Congress adopts and transmits
the joint resolution to the President before
the end of the 90-day period (excluding any
day described in section 2194(b) of this
title), beginning on the date on which the
Congress receives a report referred to in
subsection (a) of this section, and
(ii) if the President vetoes the joint
resolution, each House of Congress votes to
override that veto on or before the later of
the last day of the 90-day period referred
to in clause (i) or the last day of the 15-
day period (excluding any day described in
section 2194(b) of this title) beginning on
the date on which the Congress receives the
veto message from the President.
(B) A joint resolution to which this section
applies may be introduced at any time on or
after the date on which the President transmits
to the Congress a report described in subsection
(a) of this section, and before the end of the
90-day period referred to in subparagraph (A).
(c) Joint resolutions
(1) Joint resolutions
For purposes of this section, the term
``joint resolution'' means only a joint
resolution of the 2 Houses of Congress, the
matter after the resolving clause of which is as
follows: ``That the Congress withdraws its
approval, provided under section 101(a) of the
Uruguay Round Agreements Act, of the WTO
Agreement as defined in section 2(9) of that
Act.''.
(2) Procedures
(A) Joint resolutions may be introduced in
either House of the Congress by any member of
such House.
(B) Subject to the provisions of this
subsection, the provisions of subsections (b),
(d), (e), and (f) of section 2192 of this title
apply to joint resolutions to the same extent as
such provisions apply to resolutions under such
section.
(C) If the committee of either House to
which a joint resolution has been referred has
not reported it by the close of the 45th day
after its introduction (excluding any day
described in section 2194(b) of this title),
such committee shall be automatically discharged
from further consideration of the joint
resolution and it shall be placed on the
appropriate calendar.
(D) It is not in order for--
(i) the Senate to consider any joint
resolution unless it has been reported by
the Committee on Finance or the committee
has been discharged under subparagraph (C);
or
(ii) the House of Representatives to
consider any joint resolution unless it has
been reported by the Committee on Ways and
Means or the committee has been discharged
under subparagraph (C).
(E) A motion in the House of Representatives
to proceed to the consideration of a joint
resolution may only be made on the second
legislative day after the calendar day on which
the Member making the motion announces to the
House his or her intention to do so.
(3) Consideration of second resolution not in order
It shall not be in order in either the House
of Representatives or the Senate to consider a
joint resolution (other than a joint resolution
received from the other House), if that House
has previously adopted a joint resolution under
this section.
(d) Rules of House of Representatives and Senate
This section is enacted by the Congress--
(1) as an exercise of the rulemaking power
of the House of Representatives and the Senate,
respectively, and as such is deemed a part of
the rules of each House, respectively, and such
procedures supersede other rules only to the
extent that they are inconsistent with such
other rules; and
(2) with the full recognition of the
constitutional right of either House to change
the rules (so far as relating to the procedures
of that House) at any time, in the same manner,
and to the same extent as any other rules of
that House. (Pub.L. 103-465, Dec. 8, 1994, Title
I, Sec. 125, 108 Stat. 4833.)
* * * * * * *
Chapter 24.--BIPARTISAN TRADE PROMOTION AUTHORITY
* * * * * * *
1310 Sec. 3803. Trade agreements authority.
(a) Agreements regarding tariff barriers
(1) In general
Whenever the President determines that one
or more existing duties or other import
restrictions of any foreign country or the
United States are unduly burdening and
restricting the foreign trade of the United
States and that the purposes, policies,
priorities, and objectives of this title will be
promoted thereby, the President--
(A) may enter into trade agreements with
foreign countries before--
(i) July 1, 2005; or
(ii) July 1, 2007, if trade
authorities procedures are extended
under subsection (c); and
(B) may, subject to paragraphs (2) and
(3), proclaim--
(i) such modification or
continuance of any existing duty,
(ii) such continuance of
existing duty-free or excise
treatment, or
(iii) such additional duties,
as the President determines to be required or
appropriate to carry out any such trade agreement.
The President shall notify the Congress of
the President's intention to enter into an
agreement under this subsection.
(2) Limitations
No proclamation may be made under paragraph
(1) that--
(A) reduces any rate of duty (other than
a rate of duty that does not exceed 5
percent ad valorem on the date of the
enactment of this Act) to a rate of duty
which is less than 50 percent of the rate of
such duty that applies on such date of
enactment;
(B) reduces the rate of duty below that
applicable under the Uruguay Round
Agreements, on any import sensitive
agricultural product; or
(C) increases any rate of duty above the
rate that applied on the date of the
enactment of this Act.
(3) Aggregate reduction; exemption from staging
(A) Aggregate reduction.--Except as provided
in subparagraph (B), the aggregate reduction in
the rate of duty on any article which is in
effect on any day pursuant to a trade agreement
entered into under paragraph (1) shall not
exceed the aggregate reduction which would have
been in effect on such day if--
(i) a reduction of 3 percent ad valorem
or a reduction of one-tenth of the total
reduction, whichever is greater, had taken
effect on the effective date of the first
reduction proclaimed under paragraph (1) to
carry out such agreement with respect to
such article; and
(ii) a reduction equal to the amount
applicable under clause (i) had taken effect
at 1-year intervals after the effective date
of such first reduction.
(B) Exemption from staging.--No staging is
required under subparagraph (A) with respect to
a duty reduction that is proclaimed under
paragraph (1) for an article of a kind that is
not produced in the United States. The United
States International Trade Commission shall
advise the President of the identity of articles
that may be exempted from staging under this
subparagraph.
(4) Rounding
If the President determines that such action
will simplify the computation of reductions
under paragraph (3), the President may round an
annual reduction by an amount equal to the
lesser of--
(A) the difference between the reduction
without regard to this paragraph and the
next lower whole number; or
(B) one-half of 1 percent ad valorem.
(5) Other limitations
A rate of duty reduction that may not be
proclaimed by reason of paragraph (2) may take
effect only if a provision authorizing such
reduction is included within an implementing
bill provided for under section 3805 and that
bill is enacted into law.
(6) Other tariff modifications
Notwithstanding paragraphs (1)(B), (2)(A),
(2)(C), and (3) through (5), and subject to the
consultation and layover requirements of section
115 of the Uruguay Round Agreements Act, the
President may proclaim the modification of any
duty or staged rate reduction of any duty set
forth in Schedule XX, as defined in section 2(5)
of that Act, if the United States agrees to such
modification or staged rate reduction in a
negotiation for the reciprocal elimination or
harmonization of duties under the auspices of
the World Trade Organization.
(7) Authority under Uruguay Round Agreements Act not
affected
Nothing in this subsection shall limit the
authority provided to the President under
section 111(b) of the Uruguay Round Agreements
Act (19 U.S.C. 3521(b)).
(b) Agreements regarding tariff and nontariff barriers
(1) In general
(A) Whenever the President determines that--
(i) one or more existing duties or any
other import restriction of any foreign
country or the United States or any other
barrier to, or other distortion of,
international trade unduly burdens or
restricts the foreign trade of the United
States or adversely affects the United
States economy, or
(ii) the imposition of any such barrier
or distortion is likely to result in such a
burden, restriction, or effect,
and that the purposes, policies, priorities,
and objectives of this title will be
promoted thereby, the President may enter
into a trade agreement described in
subparagraph (B) during the period described
in subparagraph (C).
(B) The President may enter into a trade
agreement under subparagraph (A) with foreign
countries providing for--
(i) the reduction or elimination of a
duty, restriction, barrier, or other
distortion described in subparagraph (A); or
(ii) the prohibition of, or limitation
on the imposition of, such barrier or other
distortion.
(C) The President may enter into a trade
agreement under this paragraph before--
(i) July 1, 2005; or
(ii) July 1, 2007, if trade authorities
procedures are extended under subsection
(c).
(2) Conditions
A trade agreement may be entered into under
this subsection only if such agreement makes
progress in meeting the applicable objectives
described in section 3802(a) and (b) and the
President satisfies the conditions set forth in
section 3804.
(3) Bills qualifying for trade authorities procedures
(A) The provisions of section 151 of the
Trade Act of 1974 (in this title referred to as
``trade authorities procedures'') apply to a
bill of either House of Congress which contains
provisions described in subparagraph (B) to the
same extent as such section 151 applies to
implementing bills under that section. A bill to
which this paragraph applies shall hereafter in
this title be referred to as an ``implementing
bill''.
(B) The provisions referred to in
subparagraph (A) are--
(i) a provision approving a trade
agreement entered into under this subsection
and approving the statement of
administrative action, if any, proposed to
implement such trade agreement; and
(ii) if changes in existing laws or new
statutory authority are required to
implement such trade agreement or
agreements, provisions, necessary or
appropriate to implement such trade
agreement or agreements, either repealing or
amending existing laws or providing new
statutory authority.
(c) Extension disapproval process for Congressional trade
authorities procedures
(1) In general
Except as provided in section 3805(b)--
(A) the trade authorities procedures
apply to implementing bills submitted with
respect to trade agreements entered into
under subsection (b) before July 1, 2005;
and
(B) the trade authorities procedures
shall be extended to implementing bills
submitted with respect to trade agreements
entered into under subsection (b) after June
30, 2005, and before July 1, 2007, if (and
only if)--
(i) the President requests such
extension under paragraph (2); and
(ii) neither House of the
Congress adopts an extension
disapproval resolution under
paragraph (5) before July 1, 2005.
(2) Report to Congress by the President
If the President is of the opinion that the
trade authorities procedures should be extended
to implementing bills described in paragraph
(1)(B), the President shall submit to the
Congress, not later than April 1, 2005, a
written report that contains a request for such
extension, together with--
(A) a description of all trade
agreements that have been negotiated under
subsection (b) and the anticipated schedule
for submitting such agreements to the
Congress for approval;
(B) a description of the progress that
has been made in negotiations to achieve the
purposes, policies, priorities, and
objectives of this title, and a statement
that such progress justifies the
continuation of negotiations; and
(C) a statement of the reasons why the
extension is needed to complete the
negotiations.
(3) Other reports to Congress
(A) Report by the advisory committee.
The President shall promptly inform the
Advisory Committee for Trade Policy and
Negotiations established under section 135
of the Trade Act of 1974 (19 U.S.C. 2155) of
the President's decision to submit a report
to the Congress under paragraph (2). The
Advisory Committee shall submit to the
Congress as soon as practicable, but not
later than June 1, 2005, a written report
that contains--
(i) its views regarding the
progress that has been made in
negotiations to achieve the
purposes, policies, priorities, and
objectives of this title; and
(ii) a statement of its views,
and the reasons therefor, regarding
whether the extension requested
under paragraph (2) should be
approved or disapproved.
(B) Report by ITC
The President shall promptly inform the
International Trade Commission of the
President's decision to submit a report to
the Congress under paragraph (2). The
International Trade Commission shall submit
to the Congress as soon as practicable, but
not later than June 1, 2005, a written
report that contains a review and analysis
of the economic impact on the United States
of all trade agreements implemented between
the date of enactment of this Act and the
date on which the President decides to seek
an extension requested under paragraph (2).
(4) Status of reports
The reports submitted to the Congress under
paragraphs (2) and (3), or any portion of such
reports, may be classified to the extent the
President determines appropriate.
(5) Extension disapproval resolutions
(A) For purposes of paragraph (1), the term
``extension disapproval resolution'' means a
resolution of either House of the Congress, the
sole matter after the resolving clause of which
is as follows: ``That the __ disapproves the
request of the President for the extension,
under section 3803(c)(1)(B)(i) of the Bipartisan
Trade Promotion Authority Act of 2002, of the
trade authorities procedures under that Act to
any implementing bill submitted with respect to
any trade agreement entered into under section
3803(b) of that Act after June 30, 2005.'', with
the blank space being filled with the name of
the resolving House of the Congress.
(B) Extension disapproval resolutions--
(i) may be introduced in either House of
the Congress by any member of such House;
and
(ii) shall be referred, in the House of
Representatives, to the Committee on Ways
and Means and, in addition, to the Committee
on Rules.
(C) The provisions of section 152(d) and (e)
of the Trade Act of 1974 (19 U.S.C. 2192(d) and
(e)) (relating to the floor consideration of
certain resolutions in the House and Senate)
apply to extension disapproval resolutions.
(D) It is not in order for--
(i) the Senate to consider any extension
disapproval resolution not reported by the
Committee on Finance;
(ii) the House of Representatives to
consider any extension disapproval
resolution not reported by the Committee on
Ways and Means and, in addition, by the
Committee on Rules; or
(iii) either House of the Congress to
consider an extension disapproval resolution
after June 30, 2005.
(d) Commencement of negotiations
In order to contribute to the continued economic
expansion of the United States, the President shall commence
negotiations covering tariff and nontariff barriers
affecting any industry, product, or service sector, and
expand existing sectoral agreements to countries that are
not parties to those agreements, in cases where the
President determines that such negotiations are feasible and
timely and would benefit the United States. Such sectors
include agriculture, commercial services, intellectual
property rights, industrial and capital goods, government
procurement, information technology products, environmental
technology and services, medical equipment and services,
civil aircraft, and infrastructure products. In so doing,
the President shall take into account all of the principal
negotiating objectives set forth in section 3802(b). (Pub.L.
107-210, Div. B, Title XXI, Sec. 2103, Aug. 6, 2002, 116
Stat. 1004; Pub.L. 108-429, Sec. 2004(a)(17), 118 Stat.
2591.)
1311 Sec. 3804. Consultations and Assessment.
(a) Notice and consultation before negotiation
The President, with respect to any agreement that is
subject to the provisions of section 3803(b), shall--
(1) provide, at least 90 calendar days
before initiating negotiations, written notice
to the Congress of the President's intention to
enter into the negotiations and set forth
therein the date the President intends to
initiate such negotiations, the specific United
States objectives for the negotiations, and
whether the President intends to seek an
agreement, or changes to an existing agreement;
(2) before and after submission of the
notice, consult regarding the negotiations with
the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of
Representatives, such other committees of the
House and Senate as the President deems
appropriate, and the Congressional Oversight
group convened under section 3807; and
(3) upon the request of a majority of the
members of the Congressional Oversight Group
under section 3807(c), meet with the
Congressional Oversight Group before initiating
the negotiations or at any other time concerning
the negotiations.
(b) Negotiations regarding agriculture
(1) In general
Before initiating or continuing negotiations
the subject matter of which is directly related
to the subject matter under section
3802(b)(10)(A)(i) with any country, the
President shall assess whether United States
tariffs on agricultural products that were bound
under the Uruguay Round Agreements are lower
than the tariffs bound by that country. In
addition, the President shall consider whether
the tariff levels bound and applied throughout
the world with respect to imports from the
United States are higher than United States
tariffs and whether the negotiation provides an
opportunity to address any such disparity. The
President shall consult with the Committee on
Ways and Means and the Committee on Agriculture
of the House of Representatives and the
Committee on Finance and the Committee on
Agriculture, Nutrition, and Forestry of the
Senate concerning the results of the assessment,
whether it is appropriate for the United States
to agree to further tariff reductions based on
the conclusions reached in the assessment, and
how all applicable negotiating objectives will
be met.
(2) Special consultations on import sensitive products
(A) Before initiating negotiations with
regard to agriculture, and, with respect to the
Free Trade Area for the Americas and
negotiations with regard to agriculture under
the auspices of the World Trade Organization, as
soon as practicable after the enactment of this
Act, the United States Trade Representative
shall--
(i) identify those agricultural products
subject to tariff-rate quotas on the date of
enactment of this Act, and agricultural
products subject to tariff reductions by the
United States as a result of the Uruguay
Round Agreements, for which the rate of duty
was reduced on January 1, 1995, to a rate
which was not less than 97.5 percent of the
rate of duty that applied to such article on
December 31, 1994;
(ii) consult with the Committee on Ways
and Means and the Committee on Agriculture
of the House of Representatives and the
Committee on Finance and the Committee on
Agriculture, Nutrition, and Forestry of the
Senate concerning--
(I) whether any further tariff
reductions on the products
identified under clause (i) should
be appropriate, taking into account
the impact of any such tariff
reduction on the United States
industry producing the product
concerned;
(II) whether the products so
identified face unjustified sanitary
or phytosanitary restrictions,
including those not based on
scientific principles in
contravention of the Uruguay Round
Agreements; and
(III) whether the countries
participating in the negotiations
maintain export subsidies or other
programs, policies, or practices
that distort world trade in such
products and the impact of such
programs, policies, and practices on
United States producers of the
products;
(iii) request that the International
Trade Commission prepare an assessment of
the probable economic effects of any such
tariff reduction on the United States
industry producing the product concerned and
on the United States economy as a whole; and
(iv) upon complying with clauses (i),
(ii), and (iii), notify the Committee on
Ways and Means and the Committee on
Agriculture of the House of Representatives
and the Committee on Finance and the
Committee on Agriculture, Nutrition, and
Forestry of the Senate of those products
identified under clause (i) for which the
Trade Representative intends to seek tariff
liberalization in the negotiations and the
reasons for seeking such tariff
liberalization.
(B) If, after negotiations described in
subparagraph (A) are commenced--
(i) the United States Trade
Representative identifies any additional
agricultural product described in
subparagraph (A)(i) for tariff reductions
which were not the subject of a notification
under subparagraph (A)(iv), or
(ii) any additional agricultural product
described in subparagraph (A)(i) is the
subject of a request for tariff reductions
by a party to the negotiations,
the Trade Representative shall, as soon as
practicable, notify the committees referred to in
subparagraph (A)(iv) of those products and the
reasons for seeking such tariff reductions.
(3) Negotiations regarding the fishing industry
Before initiating, or continuing,
negotiations which directly relate to fish or
shellfish trade with any country, the President
shall consult with the Committee on Ways and
Means and the Committee on Resources of the
House of Representatives, and the Committee on
Finance and the Committee on Commerce, Science,
and Transportation of the Senate, and shall keep
the Committees apprised of negotiations on an
ongoing and timely basis.
(c) Negotiations regarding textiles
Before initiating or continuing negotiations the subject
matter of which is directly related to textiles and apparel
products with any country, the President shall assess
whether United States tariffs on textile and apparel
products that were bound under the Uruguay Round Agreements
are lower than the tariffs bound by that country and whether
the negotiation provides an opportunity to address any such
disparity. The President shall consult with the Committee on
Ways and Means of the House of Representatives and the
Committee on Finance of the Senate concerning the results of
the assessment, whether it is appropriate for the United
States to agree to further tariff reductions based on the
conclusions reached in the assessment, and how all
applicable negotiating objectives will be met.
(d) Consultation with Congress before agreements entered
into
(1) Consultation
Before entering into any trade agreement
under section 3803(b), the President shall
consult with--
(A) the Committee on Ways and Means of
the House of Representatives and the
Committee on Finance of the Senate;
(B) each other committee of the House
and the Senate, and each joint committee of
the Congress, which has jurisdiction over
legislation involving subject matters which
would be affected by the trade agreement;
and
(C) the Congressional Oversight Group
convened under section 3807.
(2) Scope
The consultation described in paragraph (1)
shall include consultation with respect to--
(A) the nature of the agreement;
(B) how and to what extent the agreement
will achieve the applicable purposes,
policies, priorities, and objectives of this
title; and
(C) the implementation of the agreement
under section 3805, including the general
effect of the agreement on existing laws.
(3) Report regarding United States trade remedy laws
(A) Changes in certain trade laws.--The
President, at least 180 calendar days before the
day on which the President enters into a trade
agreement under section 3803(b), shall report to
the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of
the Senate--
(i) the range of proposals advanced in
the negotiations with respect to that
agreement, that may be in the final
agreement, and that could require amendments
to title VII of the Tariff Act of 1930 or to
chapter 1 of title II of the Trade Act of
1974; and
(ii) how these proposals relate to the
objectives described in section 3802(b)(14).
(B) Certain agreements.--With respect to a
trade agreement entered into with Chile or
Singapore, the report referred to in
subparagraph (A) shall be submitted by the
President at least 90 calendar days before the
day on which the President enters into that
agreement.
(C) Resolutions.--(i) At any time after the
transmission of the report under subparagraph
(A), if a resolution is introduced with respect
to that report in either House of Congress, the
procedures set forth in clauses (iii) through
(vi) shall apply to that resolution if--
(I) no other resolution with respect to
that report has previously been reported in
that House of Congress by the Committee on
Ways and Means or the Committee on Finance,
as the case may be, pursuant to those
procedures; and
(II) no procedural disapproval
resolution under section 3805(b) introduced
with respect to a trade agreement entered
into pursuant to the negotiations to which
the report under subparagraph (A) relates
has previously been reported in that House
of Congress by the Committee on Ways and
Means or the Committee on Finance, as the
case may be.
(ii) For purposes of this subparagraph, the
term ``resolution'' means only a resolution of
either House of Congress, the matter after the
resolving clause of which is as follows: ``That
the __ finds that the proposed changes to United
States trade remedy laws contained in the report
of the President transmitted to the Congress on
__ under section 3804(d)(3) of the Bipartisan
Trade Promotion Authority Act of 2002 with
respect to __, are inconsistent with the
negotiating objectives described in section
3802(b)(14) of that Act.'', with the first blank
space being filled with the name of the
resolving House of Congress, the second blank
space being filled with the appropriate date of
the report, and the third blank space being
filled with the name of the country or countries
involved.
(iii) Resolutions in the House of
Representatives--
(I) may be introduced by any Member of
the House;
(II) shall be referred to the Committee
on Ways and Means and, in addition, to the
Committee on Rules; and
(III) may not be amended by either
Committee.
(iv)\1\ Resolutions in the Senate--
\1\So in original. Two clauses designated (iv) were
enacted.
(I) may be introduced by any Member of
the Senate;
(II) shall be referred to the Committee
on Finance; and
(III) may not be amended.
(iv)\1\ It is not in order for the House of
Representatives to consider any resolution that
is not reported by the Committee on Ways and
Means and, in addition, by the Committee on
Rules.
\1\So in original. Two clauses designated (iv) were
enacted.
(v) It is not in order for the Senate to
consider any resolution that is not reported by
the Committee on Finance.
(vi) The provisions of section 152(d) and
(e) of the Trade Act of 1974 (19 U.S.C. 2192(d)
and (e)) (relating to floor consideration of
certain resolutions in the House and Senate)
shall apply to resolutions.
(e) Advisory Committee reports
The report required under section 135(e)(1) of the Trade
Act of 1974 regarding any trade agreement entered into under
section 3803(a) or (b) of this Act shall be provided to the
President, the Congress, and the United States Trade
Representative not later than 30 days after the date on
which the President notifies the Congress under section
3803(a)(1) or 3805(a)(1)(A) of the President's intention to
enter into the agreement.
(f) ITC assessment
(1) In general
The President, at least 90 calendar days
before the day on which the President enters
into a trade agreement under section 3803(b),
shall provide the International Trade Commission
(referred to in this subsection as ``the
Commission'') with the details of the agreement
as it exists at that time and request the
Commission to prepare and submit an assessment
of the agreement as described in paragraph (2).
Between the time the President makes the request
under this paragraph and the time the Commission
submits the assessment, the President shall keep
the Commission current with respect to the
details of the agreement.
(2) ITC assessment
Not later than 90 calendar days after the
President enters into the agreement, the
Commission shall submit to the President and the
Congress a report assessing the likely impact of
the agreement on the United States economy as a
whole and on specific industry sectors,
including the impact the agreement will have on
the gross domestic product, exports and imports,
aggregate employment and employment
opportunities, the production, employment, and
competitive position of industries likely to be
significantly affected by the agreement, and the
interests of United States consumers.
(3) Review of empirical literature
In preparing the assessment, the Commission
shall review available economic assessments
regarding the agreement, including literature
regarding any substantially equivalent proposed
agreement, and shall provide in its assessment a
description of the analyses used and conclusions
drawn in such literature, and a discussion of
areas of consensus and divergence between the
various analyses and conclusions, including
those of the Commission regarding the agreement.
(Pub.L. 107-210, Div. B, Title XXI, Sec. 2104,
Aug. 6, 2002, 116 Stat. 1008.)
1312 Sec. 3805. Implementation of trade agreements.
(a) In general
(1) Notification and submission
Any agreement entered into under section
3803(b) shall enter into force with respect to
the United States if (and only if)--
(A) the President, at least 90 calendar
days before the day on which the President
enters into the trade agreement, notifies
the House of Representatives and the Senate
of the President's intention to enter into
the agreement, and promptly thereafter
publishes notice of such intention in the
Federal Register;
(B) within 60 days after entering into
the agreement, the President submits to the
Congress a description of those changes to
existing laws that the President considers
would be required in order to bring the
United States into compliance with the
agreement;
(C) after entering into the agreement,
the President submits to the Congress, on a
day on which both Houses of Congress are in
session, a copy of the final legal text of
the agreement, together with--
(i) a draft of an implementing
bill described in section
3803(b)(3);
(ii) a statement of any
administrative action proposed to
implement the trade agreement; and
(iii) the supporting information
described in paragraph (2); and
(D) the implementing bill is enacted
into law.
(2) Supporting information
The supporting information required under
paragraph (1)(C)(iii) consists of--
(A) an explanation as to how the
implementing bill and proposed
administrative action will change or affect
existing law; and
(B) a statement--
(i) asserting that the agreement
makes progress in achieving the
applicable purposes, policies,
priorities, and objectives of this
title; and
(ii) setting forth the reasons
of the President regarding--
(I) how and to what
extent the agreement makes
progress in achieving the
applicable purposes,
policies, and objectives
referred to in clause (i);
(II) whether and how the
agreement changes provisions
of an agreement previously
negotiated;
(III) how the agreement
serves the interests of
United States commerce;
(IV) how the
implementing bill meets the
standards set forth in
section 3803(b)(3); and
(V) how and to what
extent the agreement makes
progress in achieving the
applicable purposes,
policies, and objectives
referred to in section
3802(c) regarding the
promotion of certain
priorities.
(3) Reciprocal benefits
In order to ensure that a foreign country
that is not a party to a trade agreement entered
into under section 3803(b) does not receive
benefits under the agreement unless the country
is also subject to the obligations under the
agreement, the implementing bill submitted with
respect to the agreement shall provide that the
benefits and obligations under the agreement
apply only to the parties to the agreement, if
such application is consistent with the terms of
the agreement. The implementing bill may also
provide that the benefits and obligations under
the agreement do not apply uniformly to all
parties to the agreement, if such application is
consistent with the terms of the agreement.
(4) Disclosure of commitments
Any agreement or other understanding with a
foreign government or governments (whether oral
or in writing) that--
(A) relates to a trade agreement with
respect to which the Congress enacts an
implementing bill under trade authorities
procedures, and
(B) is not disclosed to the Congress
before an implementing bill with respect to
that agreement is introduced in either House
of Congress,
shall not be considered to be part of the agreement
approved by the Congress and shall have no force and
effect under United States law or in any dispute
settlement body.
(b) Limitations on Trade Authorities Procedures
(1) For lack of notice or consultations
(A) In general.--The trade authorities
procedures shall not apply to any implementing
bill submitted with respect to a trade agreement
or trade agreements entered into under section
3803(b) if during the 60-day period beginning on
the date that one House of Congress agrees to a
procedural disapproval resolution for lack of
notice or consultations with respect to such
trade agreement or agreements, the other House
separately agrees to a procedural disapproval
resolution with respect to such trade agreement
or agreements.
(B) Procedural disapproval resolution.--(i)
For purposes of this paragraph, the term
``procedural disapproval resolution'' means a
resolution of either House of Congress, the sole
matter after the resolving clause of which is as
follows: ``That the President has failed or
refused to notify or consult in accordance with
the Bipartisan Trade Promotion Authority Act of
2002 on negotiations with respect to ______ and,
therefore, the trade authorities procedures
under that Act shall not apply to any
implementing bill submitted with respect to such
trade agreement or agreements.'', with the blank
space being filled with a description of the
trade agreement or agreements with respect to
which the President is considered to have failed
or refused to notify or consult.
(ii) For purposes of clause (i), the
President has ``failed or refused to notify or
consult in accordance with the Bipartisan Trade
Promotion Authority Act of 2002'' on
negotiations with respect to a trade agreement
or trade agreements if--
(I) the President has failed or refused
to consult (as the case may be) in
accordance with section 3804 or 3805 with
respect to the negotiations, agreement, or
agreements;
(II) guidelines under section 3807(b)
have not been developed or met with respect
to the negotiations, agreement, or
agreements;
(III) the President has not met with the
Congressional Oversight Group pursuant to a
request made under section 3807(c) with
respect to the negotiations, agreement, or
agreements; or
(IV) the agreement or agreements fail to
make progress in achieving the purposes,
policies, priorities, and objectives of this
title.
(2) Procedures for considering resolutions
(A) Procedural disapproval resolutions--
(i) in the House of Representatives--
(I) may be introduced by any
Member of the House;
(II) shall be referred to the
Committee on Ways and Means and, in
addition, to the Committee on Rules;
and
(III) may not be amended by
either Committee; and
(ii) in the Senate--
(I) may be introduced by any
Member of the Senate;
(II) shall be referred to the
Committee on Finance; and
(III) may not be amended.
(B) The provisions of section 152(d) and (e)
of the Trade Act of 1974 (19 U.S.C. 2192(d) and
(e)) (relating to the floor consideration of
certain resolutions in the House and Senate)
apply to a procedural disapproval resolution
introduced with respect to a trade agreement if
no other procedural disapproval resolution with
respect to that trade agreement has previously
been reported in that House of Congress by the
Committee on Ways and Means or the Committee on
Finance, as the case may be, and if no
resolution described in section
3804(d)(3)(C)(ii) with respect to that trade
agreement has been reported in that House of
Congress by the Committee on Ways and Means or
the Committee on Finance, as the case may be,
pursuant to the procedures set forth in clauses
(iii) through (vi) of such section
3804(d)(3)(C).
(C) It is not in order for the House of
Representatives to consider any procedural
disapproval resolution not reported by the
Committee on Ways and Means and, in addition, by
the Committee on Rules.
(D) It is not in order for the Senate to
consider any procedural disapproval resolution
not reported by the Committee on Finance.
(3) For failure to meet other requirements
Not later than December 31, 2002, the
Secretary of Commerce, in consultation with the
Secretary of State, the Secretary of the
Treasury, the Attorney General, and the United
States Trade Representative, shall transmit to
the Congress a report setting forth the strategy
of the executive branch to address concerns of
the Congress regarding whether dispute
settlement panels and the Appellate Body of the
WTO have added to obligations, or diminished
rights, of the United States, as described in
section 3801(b)(3). Trade authorities procedures
shall not apply to any implementing bill with
respect to an agreement negotiated under the
auspices of the WTO unless the Secretary of
Commerce has issued such report in a timely
manner.
(c) Rules of House of Representatives and Senate
Subsection (b) of this section, section 3803(c), and
section 3804(d)(3)(C) are enacted by the Congress--
(1) as an exercise of the rulemaking power
of the House of Representatives and the Senate,
respectively, and as such are deemed a part of
the rules of each House, respectively, and such
procedures supersede other rules only to the
extent that they are inconsistent with such
other rules; and
(2) with the full recognition of the
constitutional right of either House to change
the rules (so far as relating to the procedures
of that House) at any time, in the same manner,
and to the same extent as any other rule of that
House. (Pub.L. 107-210, Div. B, Title XXI,
Sec. 2105, Aug. 6, 2002, 116 Stat. 1013; Pub.L.
108-429, Sec. 2004(a)(18), Dec. 3, 2004, 118
Stat. 2591.)
1313 Sec. 3806. Treatment of certain trade agreements for which
negotiations have already begun.
(a) Certain agreements
Notwithstanding the prenegotiation notification and
consultation requirement described in section 3804(a), if an
agreement to which section 3803(b) applies--
(1) is entered into under the auspices of
the World Trade Organization,
(2) is entered into with Chile,
(3) is entered into with Singapore, or
(4) establishes a Free Trade Area for the
Americas,
and results from negotiations that were commenced before the
date of the enactment of this Act, subsection (b) shall
apply.
(b) Treatment of agreements
In the case of any agreement to which subsection (a)
applies--
(1) the applicability of the trade
authorities procedures to implementing bills
shall be determined without regard to the
requirements of section 3804(a) (relating only
to 90 days notice prior to initiating
negotiations), and any procedural disapproval
resolution under section 3805(b)(1)(B) shall not
be in order on the basis of a failure or refusal
to comply with the provisions of section
3804(a); and
(2) the President shall, as soon as feasible
after the enactment of this Act--
(A) notify the Congress of the
negotiations described in subsection (a),
the specific United States objectives in the
negotiations, and whether the President is
seeking a new agreement or changes to an
existing agreement; and
(B) before and after submission of the
notice, consult regarding the negotiations
with the committees referred to in section
3804(a)(2) and the Congressional Oversight
Group convened under section 3807. (Pub.L.
107-210, Div. B, Title XXI, Sec. 2106, Aug.
6, 2002, 116 Stat. 1016.)
1314 Sec. 3807. Congressional Oversight Group.
(a) Members and functions
(1) In general
By not later than 60 days after the date of
the enactment of this Act, and not later than 30
days after the convening of each Congress, the
chairman of the Committee on Ways and Means of
the House of Representatives and the chairman of
the Committee on Finance of the Senate shall
convene the Congressional Oversight Group.
(2) Membership from the House
In each Congress, the Congressional
Oversight Group shall be comprised of the
following Members of the House of
Representatives:
(A) The chairman and ranking member of
the Committee on Ways and Means, and 3
additional members of such Committee (not
more than 2 of whom are members of the same
political party).
(B) The chairman and ranking member, or
their designees, of the committees of the
House of Representatives which would have,
under the Rules of the House of
Representatives, jurisdiction over
provisions of law affected by a trade
agreement negotiations for which are
conducted at any time during that Congress
and to which this title would apply.
(3) Membership from the Senate
In each Congress, the Congressional
Oversight Group shall also be comprised of the
following members of the Senate:
(A) The chairman and ranking member of
the Committee on Finance and 3 additional
members of such Committee (not more than 2
of whom are members of the same political
party).
(B) The chairman and ranking member, or
their designees, of the committees of the
Senate which would have, under the Rules of
the Senate, jurisdiction over provisions of
law affected by a trade agreement
negotiations for which are conducted at any
time during that Congress and to which this
title would apply.
(4) Accreditation
Each member of the Congressional Oversight
Group described in paragraphs (2)(A) and (3)(A)
shall be accredited by the United States Trade
Representative on behalf of the President as an
official adviser to the United States delegation
in negotiations for any trade agreement to which
this title applies. Each member of the
Congressional Oversight Group described in
paragraphs (2)(B) and (3)(B) shall be accredited
by the United States Trade Representative on
behalf of the President as an official adviser
to the United States delegation in the
negotiations by reason of which the member is in
the Congressional Oversight Group. The
Congressional Oversight Group shall consult with
and provide advice to the Trade Representative
regarding the formulation of specific
objectives, negotiating strategies and
positions, the development of the applicable
trade agreement, and compliance and enforcement
of the negotiated commitments under the trade
agreement.
(5) Chair
The Congressional Oversight Group shall be
chaired by the Chairman of the Committee on Ways
and Means of the House of Representatives and
the Chairman of the Committee on Finance of the
Senate.
(b) Guidelines
(1) Purpose and revision
The United States Trade Representative, in
consultation with the chairmen and ranking
minority members of the Committee on Ways and
Means of the House of Representatives and the
Committee on Finance of the Senate--
(A) shall, within 120 days after the
date of the enactment of this Act, develop
written guidelines to facilitate the useful
and timely exchange of information between
the Trade Representative and the
Congressional Oversight Group convened under
this section; and
(B) may make such revisions to the
guidelines as may be necessary from time to
time.
(2) Content
The guidelines developed under paragraph (1)
shall provide for, among other things--
(A) regular, detailed briefings of the
Congressional Oversight Group regarding
negotiating objectives, including the
promotion of certain priorities referred to
in section 3802(c), and positions and the
status of the applicable negotiations,
beginning as soon as practicable after the
Congressional Oversight Group is convened,
with more frequent briefings as trade
negotiations enter the final stage;
(B) access by members of the
Congressional Oversight Group, and staff
with proper security clearances, to
pertinent documents relating to the
negotiations, including classified
materials;
(C) the closest practicable coordination
between the Trade Representative and the
Congressional Oversight Group at all
critical periods during the negotiations,
including at negotiation sites;
(D) after the applicable trade agreement
is concluded, consultation regarding ongoing
compliance and enforcement of negotiated
commitments under the trade agreement; and
(E) the time frame for submitting the
report required under section 3802(c)(8).
(c) Request for meeting
Upon the request of a majority of the Congressional
Oversight Group, the President shall meet with the
Congressional Oversight Group before initiating negotiations
with respect to a trade agreement, or at any other time
concerning the negotiations. (Pub.L. 107-210, Div. B, Title
XXI, Sec. 2107, Aug. 6, 2002, 116 Stat. 1017; Pub.L. 109-
280, Title XIV, Sec. 1635(f)(6), Aug. 17, 2006, 120 Stat.
1171.)
1315 Sec. 3808. Additional implementation and enforcement
requirements.
(a) In general
At the time the President submits to the Congress the
final text of an agreement pursuant to section
3805(a)(1)(C), the President shall also submit a plan for
implementing and enforcing the agreement. The implementation
and enforcement plan shall include the following:
(1) Border personnel requirements
A description of additional personnel
required at border entry points, including a
list of additional customs and agricultural
inspectors.
(2) Agency staffing requirements
A description of additional personnel
required by Federal agencies responsible for
monitoring and implementing the trade
agreement, including personnel required by
the Office of the United States Trade
Representative, the Department of Commerce,
the Department of Agriculture (including
additional personnel required to implement
sanitary and phytosanitary measures in order
to obtain market access for United States
exports), the Department of the Treasury,
and such other agencies as may be necessary.
(3) Customs infrastructure requirements
A description of the additional
equipment and facilities needed by the
United States Customs Service.
(4) Impact on State and local governments
A description of the impact the trade
agreement will have on State and local
governments as a result of increases in
trade.
(5) Cost analysis
An analysis of the costs associated with
each of the items listed in paragraphs (1)
through (4).
(b) Budget Submission
The President shall include a request for the resources
necessary to support the plan described in subsection (a) in
the first budget that the President submits to the Congress
after the submission of the plan.
* * * * * * *
(Pub.L. 107-210, Div. B, Title XXI, Sec. 2108, Aug. 6, 2002,
116 Stat. 1018.)
1316 Sec. 3811. Report on impact of trade promotion authority.
(a) In general
Not later than 1 year after the date of enactment of
this Act, the International Trade Commission shall report to
the Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives regarding the
economic impact on the United States of the trade agreements
described in subsection (b).
(b) Agreements
The trade agreements described in this subsection are
the following:
(1) The United States-Israel Free Trade
Agreement.
(2) The United States-Canada Free Trade
Agreement.
(3) The North American Free Trade Agreement.
(4) The Uruguay Round Agreements.
(5) The Tokyo Round of Multilateral Trade
Negotiations.
(Pub.L. 107-210, Div. B, Title XXI, Sec. 2111, Aug. 6, 2002,
116 Stat. 1021.)
* * * * * * *
TITLE 20.--EDUCATION
Chapter 3.--SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND
ART GALLERIES
1330 Sec. 42. Board of Regents; members.
(a) Composition
The business of the Institution shall be conducted at
the city of Washington by a Board of Regents, named the
Regents of the Smithsonian Institution, to be composed of
the Vice President, the Chief Justice of the United States,
three Members of the Senate, three Members of the House of
Representatives, and nine other persons, other than Members
of Congress, two of whom shall be resident in the city of
Washington, and seven of whom shall be inhabitants of some
State, but no two of them of the same State.
(b) Modification of number, appointment or tenure of
members; exceptions
Notwithstanding any other provision of law, the Board of
Regents of the Smithsonian Institution may modify the number
of members, manner of appointment of members, or tenure of
members, of the boards or commissions under the jurisdiction
of the Smithsonian Institution, other than--
(1) the Board of Regents of the Smithsonian
Institution; and
(2) the boards or commissions of the
National Gallery of Art, the John F. Kennedy
Center for the Performing Arts, and the Woodrow
Wilson International Center for Scholars.
(As amended Oct. 21, 1998, Pub.L. 105-277, Div. A,
Sec. 101(e) [Title III, Sec. 355], 112 Stat. 2681-231, 2681-
303.)
1331 Sec. 43. Appointment of regents; terms of office; vacancies.
The regents to be selected shall be appointed as
follows: The Members of the Senate by the President thereof;
the Members of the House by the Speaker thereof; and the
nine other persons by joint resolution of the Congress. The
Members of the House so appointed shall serve for the term
of two years; and on every alternate fourth Wednesday of
December a like number shall be appointed in the same
manner, to serve until the fourth Wednesday in December, in
the second year succeeding their appointment. The Senators
so appointed shall serve during the term for which they
shall hold, without reelection, their office as Senators.
Vacancies, occasioned by death, resignation, or otherwise,
shall be filled as vacancies in committees are filled. The
regular term of service for the other nine members shall be
six years; and new elections thereof shall be made by joint
resolutions of Congress. Vacancies occasioned by death,
resignation, or otherwise may be filled in like manner by
joint resolution of Congress. (R.S. Sec. 5581; Dec. 15,
1970, Pub.L. 91-551, 84 Stat. 1440.)
1332 Sec. 76h. Board of Trustees.
(a) Establishment
(1) In general
There is established in the Smithsonian
Institution a bureau, which shall be directed by
a board to be known as the Trustees of the John
F. Kennedy Center for the Performing Arts
(hereafter in this subchapter referred to as the
``Board''), whose duty it shall be to maintain
and administer the John F. Kennedy Center for
the Performing Arts and site thereof as the
National Center for the Performing Arts, a
living memorial to John Fitzgerald Kennedy, and
to execute such other functions as are vested in
the Board by this subchapter.
(2) Membership
The Board shall be composed of--
(A) the Secretary of Health and Human
Services;
(B) the Librarian of Congress;
(C) the Secretary of State;
(D) the Chairman of the Commission of
Fine Arts;
(E) the Mayor of the District of
Columbia;
(F) the Superintendent of Schools of the
District of Columbia;
(G) the Director of the National Park
Service;
(H) the Secretary of Education;
(I) the Secretary of the Smithsonian
Institution;
(J)(i) the Speaker and the Minority
Leader of the House of Representatives;
(ii) the chairman and ranking
minority member of the Committee on
Transportation and Infrastructure of
the House of Representatives; and
(iii) three additional Members
of the House of Representatives
appointed by the Speaker of the
House of Representatives;
(K)(i) the Majority Leader and the
Minority Leader of the Senate;
(ii) the chairman and ranking
minority member of the Committee on
Environment and Public Works of the
Senate; and
(iii) three additional Members
of the Senate appointed by the
President of the Senate; and
(L) thirty-six general trustees, who
shall be citizens of the United States, to
be appointed in accordance with subsection
(b) of this section.
(b) General trustees
The general trustees shall be appointed by the President
of the United States. Each trustee shall hold office as a
member of the Board for a term of 6 years, except that--
(1) any member appointed to fill a vacancy
occurring before the expiration of the term for
which the predecessor of the member was
appointed shall be appointed for the remainder
of the term;
(2) a member shall continue to serve until
the successor of the member has been appointed;
and
(3) the term of office of a member appointed
before July 21, 1994, shall expire as designated
at the time of appointment.
(c) Advisory Committee on the Arts
There shall be an Advisory Committee on the Arts
composed of such members as the President of the United
States may designate, to serve at the pleasure of the
President. Persons appointed to the Advisory Committee on
the Arts, including officers or employees of the United
States, shall be persons who are recognized for their
knowledge of, or experience or interest in, one or more of
the arts in the fields covered by the John F. Kennedy Center
for the Performing Arts. The President shall designate the
Chairman of the Advisory Committee on the Arts. In making
such appointments the President shall give consideration to
such recommendations as may from time to time be submitted
to him by leading national organizations in the appropriate
art fields. The Advisory Committee on the Arts shall advise
and consult with the Board and make recommendations to the
Board regarding existing and prospective cultural activities
to be carried out by the John F. Kennedy Center for the
Performing Arts. The Advisory Committee on the Arts shall
assist the Board in carrying out section 76k(a) of this
title. Members of the Advisory Committee on the Arts shall
serve without compensation. (Pub.L. 85-874, Sec. 2, Sept.
2, 1958, 72 Stat. 1698; Pub.L. 88-100, Sec. Sec. 1, 2, Aug.
19, 1963, 77 Stat. 128; Pub.L. 88-260, Sec. 1(2), Jan. 23,
1964, 78 Stat. 4; Pub.L. 103-279, Sec. 2(b)(1), (c), (d),
July 21, 1994, 108 Stat. 1409, 1410; Pub.L. 107-117, Div. D,
Title II, Sec. 201(a), Jan. 10, 2002, 115 Stat. 2353;
Pub.L. 110-338, Sec. 2, Oct. 3, 2008, 122 Stat. 3731.)
22 u.s.c.--foreign relations and intercourse
general and permanent laws relating to the senate
TITLE 22.--FOREIGN RELATIONS AND INTERCOURSE
Chapter 7.--INTERNATIONAL BUREAUS, CONGRESSES, ETC.
* * * * * * *
1350 Sec. 276c-1. Reports of expenditures by members of American
groups or delegations and employees; consolidated
reports by Congressional committees; public inspection.
Each chairman or senior member of the House of
Representatives and Senate group or delegation of the United
States group or delegation to the Interparliamentary Union,
the NATO Parliamentary Assembly, the Canada-United States
Interparliamentary Group, the Mexico-United States
Interparliamentary Group, or any similar interparliamentary
group of which the United States is a member or
participates, by whom or on whose behalf local currencies
owned by the United States are made available and expended
and/or expenditures are made from funds appropriated for the
expenses of such group or delegation, shall file with the
chairman of the Committee on Foreign Relations of the Senate
in the case of the group or delegation of the Senate, or
with the chairman of the Committee on Foreign Affairs of the
House of Representatives in the case of the group or
delegation of the House, an itemized report showing all such
expenditures made by or on behalf of each Member or employee
of the group or delegation together with the purposes of the
expenditure, including per diem (lodging and meals),
transportation, and other purposes. Within sixty days after
the beginning of each regular session of Congress, the
chairman of the Committee on Foreign Relations and the
chairman of the Committee on Foreign Affairs shall prepare
consolidated reports showing with respect to each such group
or delegation the total amount expended, the purposes of the
expenditures, the amount expended for each such purpose, the
names of the Members or employees by or on behalf of whom
the expenditures were made and the amount expended by or on
behalf of each Member or employee for each such purpose. The
consolidated reports prepared by the chairman of the
Committee on Foreign Relations of the Senate shall be filed
with the Secretary of the Senate, and the consolidated
reports prepared by the chairman of the Committee on Foreign
Affairs of the House shall be filed with the Clerk of the
House and shall be open to public inspection. (As amended
Pub.L. 103-437, Sec. 9(a)(2), Nov. 2, 1994, 108 Stat. 4588;
Pub.L. 104-186, Title II, Sec. 218(1), Aug. 20, 1996, 110
Stat. 1747; Pub.L. 106-113, Div. B, Sec. 1000(a)(7). [Div.
A, Title VII, Sec. 701(b)(2)], Nov. 29, 1999, 113 Stat.
1536, 1501A-459).
Subchapter I.--Canada-United States Interparliamentary Group
1351
Sec. 276d. United States group; appointment; term; meetings.
Not to exceed twenty-four Members of Congress shall be
appointed to meet jointly and at least annually and when
Congress is not in session (except that this restriction
shall not apply during the first session of the Eighty-sixth
Congress or to meetings held in the United States) with
representatives of the House of Commons and Senate of the
Canadian Parliament for discussion of common problems in the
interests of relations between the United States and Canada.
Of the Members of the Congress to be appointed for the
purposes of this section (hereinafter designated as the
United States group) half shall be appointed by the Speaker
of the House from Members of the House (not less than four
of whom shall be from the Foreign Affairs Committee), and
half shall be appointed by the President of the Senate upon
recommendations of the majority and minority leaders of the
Senate from Members of the Senate (not less than four of
whom shall be from the Foreign Relations Committee).
Such appointments shall be for the period of each
meeting of the Canada-United States Interparliamentary group
except for the four members of the Foreign Affairs Committee
and the four members of the Foreign Relations Committee,
whose appointments shall be for the duration of each
Congress.
The Chairman or Vice Chairman of the House delegation
shall be a Member from the Foreign Affairs Committee, and,
unless the President of the Senate, upon the recommendation
of the Majority Leader, determines otherwise, the Chairman
or Vice Chairman of the Senate delegation shall be a Member
from the Foreign Relations Committee. (Pub.L. 86-42, Sec. 1,
June 11, 1959, 73 Stat. 72; Pub.L. 95-45, Sec. 4(a), June
15, 1977, 91 Stat. 222; Pub.L. 103-437, Sec. 9(a)(3), Nov.
2, 1994, 108 Stat. 4588.)
1352 Sec. 276e. Authorization of appropriations; disbursements.
An appropriation of $150,000 annually is authorized,
$75,000 of which shall be for the House delegation and
$75,000 for the Senate delegation, or so much thereof as may
be necessary, to assist in meeting the expenses of the
United States group of the Canada-United States
Interparliamentary group for each fiscal year for which an
appropriation is made, the House and Senate portions of such
appropriation to be disbursed on vouchers to be approved by
the Chairman of the House delegation and the Chairman of the
Senate delegation, respectively. (Pub.L. 86-42, Sec. 2, June
11, 1959, 73 Stat. 72; Pub.L. 94-350, Title I, Sec. 118(a),
July 12, 1976, 90 Stat. 827; Pub.L. 103-236, Title V,
Sec. 502(a)(2), Apr. 30, 1994, 108 Stat. 462; Pub.L. 107-77,
Title IV, Sec. 408(b)(3), Nov. 28, 2001, 115 Stat. 791).
Subchapter II.--Mexico-United States Interparliamentary
Group
1353
Sec. 276h. United States group; appointment; term; meetings.
Not to exceed twenty-four Members of Congress shall be
appointed to meet jointly and at least annually with
representatives of the Chamber of Deputies and Chamber of
Senators of the Mexican Congress for discussion of common
problems in the interests of relations between the United
States and Mexico. Of the Members of the Congress to be
appointed for the purposes of this section (hereinafter
designated as the United States group) half shall be
appointed by the Speaker of the House from Members of the
House (not less than four of whom shall be from the Foreign
Affairs Committee), and half shall be appointed by the
President of the Senate upon recommendations of the majority
and minority leaders of the Senate from Members of the
Senate (not less than four of whom shall be from the Foreign
Relations Committee). Such appointments shall be for the
period of each meeting of the Mexico-United States
Interparliamentary group except for the four members of the
Foreign Affairs Committee, and the four members of the
Foreign Relations Committee, whose appointments shall be for
the duration of each Congress. The Chairman or Vice Chairman
of the House delegation shall be a Member from the Foreign
Affairs Committee, and, unless the President of the Senate,
upon the recommendation of the Majority Leader, determines
otherwise, the Chairman or Vice Chairman of the Senate
delegation shall be a Member from the Foreign Relations
Committee. (Pub.L. 86-420, Sec. 1, Apr. 9, 1960, 74 Stat.
40; Pub.L. 95-45, Sec. 4(b), June 15, 1977, 91 Stat. 222;
Pub.L. 103-437, Sec. 9(a)(4), Nov. 2, 1994, 108 Stat. 4588.)
1354 Sec. 276i. Authorization of appropriations; disbursements.
An appropriation of $120,000 annually is authorized,
$60,000 of which shall be for the House delegation and
$60,000 for the Senate delegation, or so much thereof as may
be necessary, to assist in meeting the expenses of the
United States group of the Mexico-United States
Interparliamentary group for each fiscal year for which an
appropriation is made, the House and Senate portions of such
appropriation to be disbursed on vouchers to be approved by
the Chairman of the House delegation and the Chairman of the
Senate delegation, respectively. (As amended Pub.L. 101-515,
Title III, Sec. 304(c), Nov. 5, 1990, 104 Stat. 2129; Pub.L.
103-236, Title V, Sec. 502(a)(1), Apr. 30, 1994, 108 Stat.
461; Pub.L. 107-77, Title IV, Sec. 408(b)(2), Nov. 28, 2001,
115 Stat. 790).
1355 Sec. 276l. British-American Interparliamentary Group.
(a) Establishment and meetings
Not to exceed 24 Members of Congress shall be appointed
to meet annually and when the Congress is not in session
(except that this restriction shall not apply to meetings
held in the United States), with representatives of the
House of Commons and the House of Lords of the Parliament of
Great Britain for discussion of common problems in the
interest of relations between the United States and Great
Britain. The Members of Congress so appointed shall be
referred to as the ``United States group'' of the United
States Interparliamentary Group.
(b) Appointment of members
Of the Members of Congress appointed for purposes of
this section--
(1) half shall be appointed by the Speaker
of the House of Representatives from among
Members of the House (not less than 4 of whom
shall be members of the Committee on Foreign
Affairs), and
(2) half shall be appointed by the President
pro tempore of the Senate, upon recommendations
of the majority and minority leaders of the
Senate, from among Members of the Senate (not
less than 4 of whom shall be members of the
Committee on Foreign Relations) unless the
majority and minority leaders of the Senate
determine otherwise.
(c) Chair and Vice Chair
(1) The Chair or Vice Chair of the House delegation of
the United States group shall be a member from the Committee
on Foreign Affairs.
(2) The President pro tempore of the Senate shall
designate the Chair or Vice Chair of the Senate delegation.
(d) Funding
There is authorized to be appropriated $50,000 for each
fiscal year to assist in meeting the expenses of the United
States group for each fiscal year for which an appropriation
is made, half of which shall be for the House delegation and
half of which shall be for the Senate delegation. The House
and Senate portions of such appropriations shall be
disbursed on vouchers to be approved by the Chair of the
House delegation and the Chair of the Senate delegation,
respectively.
(e) Certification of expenditures
The certificate of the Chair of the House delegation or
the Senate delegation of the United States group shall be
final and conclusive upon the accounting officers in the
auditing of the accounts of the United States group.
(f) Annual report
The United States group shall submit to the Congress a
report for each fiscal year for which an appropriation is
made for the United States group, which shall include its
expenditures under such appropriation.
(g) [Omitted.] (Pub.L. 102-138, Title I, Sec. 168, Oct. 28,
1991, 105 Stat. 676.)
1356
Sec. 276m. United States Delegation to Parliamentary
Assembly of Conference on Security and Cooperation in
Europe (CSCE).
(a) Establishment
In accordance with the allocation of seats to the United
States in the Parliamentary Assembly of the Conference on
Security and Cooperation in Europe (hereinafter referred to
as the ``CSCE Assembly'') not to exceed 17 Members of
Congress shall be appointed to meet jointly and annually
with representative parliamentary groups from other
Conference on Security and Cooperation in Europe (CSCE)
member-nations for the purposes of--
(1) assessing the implementation of the
objectives of the CSCE;
(2) discussing subjects addressed during the
meetings of the Council of Ministers for Foreign
Affairs and the biennial Summit of Heads of
State or Government;
(3) initiating and promoting such national
and multilateral measures as may further
cooperation and security in Europe.
(b) Appointment of Delegation
For each meeting of the CSCE Assembly, there shall be
appointed a United States Delegation, as follows:
(1) In 1992 and every even-numbered year
thereafter, 9 Members shall be appointed by the
Speaker of the House from Members of the House
(not less than 4 of whom, including the Chairman
of the United States Delegation, shall be from
the Committee on Foreign Affairs); and 8 Members
shall, upon recommendations of the Majority and
Minority leaders of the Senate, be appointed by
the President pro tempore of the Senate from
Members of the Senate (not less than 4 of whom,
including the Vice Chairman of the United States
Delegation, shall be from the Committee on
Foreign Relations, unless the President pro
tempore of the Senate, upon recommendations of
the Majority and Minority leaders of the Senate,
determines otherwise).
(2) In every odd-numbered year beginning in
1993, 9 Members shall, upon recommendation of
the Majority and Minority Leaders of the Senate,
be appointed by the President pro tempore of the
Senate from Members of the Senate (not less than
4 of whom, including the Chairman of the United
States Delegation, shall be from the Committee
on Foreign Relations, unless the President pro
tempore of the Senate, upon recommendations of
the Majority and Minority leaders of the Senate,
determines otherwise); and 8 Members shall be
appointed by the Speaker of the House from
Members of the House (not less than 4 of whom,
including the Vice Chairman, shall be from the
Committee on Foreign Affairs).
(c) Administrative support
For the purpose of providing general staff support and
continuity between successive delegations, each United
States Delegation shall have 2 secretaries (one of whom
shall be appointed by the Chairman of the Committee on
Foreign Affairs of the House of Representatives and one of
whom shall be appointed by the Chairman of the Delegation of
the Senate).
(d) Funding
(1) United States participation
There is authorized to be appropriated for
each fiscal year $80,000 to assist in meeting
the expenses of the United States delegation.
For each fiscal year for which an appropriation
is made under this subsection, half of such
appropriation may be disbursed on voucher to be
approved by the Chairman and half of such
appropriation may be disbursed on voucher to be
approved by the Vice Chairman.
(2) Availability of appropriations
Amounts appropriated pursuant to this
subsection are authorized to be available until
expended.
(e) Annual report
The United States Delegation shall, for each fiscal year
for which an appropriation is made, submit to the Congress a
report including its expenditures under such appropriation.
The certificate of the Chairman and Vice Chairman of the
United States Delegation shall be final and conclusive upon
the accounting officers in the auditing of the accounts of
the United States Delegation. (Pub.L. 102-138, Title I,
Sec. 169, Oct. 28, 1991, 105 Stat. 677.)
Note
There are authorized to be appropriated for each fiscal
year $50,000 for expenses of United States participation in
the United States-European Community Interparliamentary
Group. (November 22, 1983, Public Law 98-164, Sec. 109(c),
as amended September 19, 1986, Public Law 99-415, Sec. 7(b),
and October 1, 1988, Public Law 100-459, Sec. 303(c).)
1357
Subchapter II-C. United States Senate-China
Interparliamentary Group
Sec. 276n. United States Senate-China Interparliamentary
Group
(a) Establishment and meetings
Not to exceed 12 Senators shall be appointed to meet
annually with representatives of the National People's
Congress of the People's Republic of China for discussion of
common problems in the interest of relations between the
United States and China. The Senators so appointed shall be
referred to as the ``United States group'' of the United
States Senate-China Interparliamentary Group.
(b) Appointment of members
The President pro tempore of the Senate shall appoint
Senators under this section upon the recommendations of the
majority and minority leaders of the Senate. The President
pro tempore of the Senate shall designate 1 Senator as the
Chair of the United States group.
(c) Funding
There is authorized to be appropriated $100,000 for each
fiscal year to assist in meeting the expenses of the United
States group for each fiscal year for which an appropriation
is made. Appropriations shall be disbursed on vouchers to be
approved by the Chair of the United States group.
(d) Certification of expenditures
The certificate of the Chair of the United States group
shall be final and conclusive upon the accounting officers
in the auditing of the accounts of the United States group.
(e) Fiscal year 2004 funding
There is authorized within the contingent fund of the
Senate under the appropriation account ``MISCELLANEOUS
ITEMS'' $75,000 for fiscal year 2004 to assist in meeting
the official expenses of the United States Senate-China
Interparliamentary Group including conference room expenses,
hospitality expenses, and food and food-related expenses.
Expenses shall be paid on vouchers to be approved by the
Chair of the United States group. The Secretary of the
Senate is authorized to advance such sums as necessary to
carry out this subsection.
(f) Appropriations
There are appropriated, out of any money in the Treasury
not otherwise appropriated, for the fiscal year ending
September 30, 2004, $100,000 for the United States Senate-
China Interparliamentary Group.
(g) Effective date
(1) In general
Subsections (a) though (d) of this section shall apply
to fiscal year 2004, and each fiscal year thereafter.
(2) Fiscal year 2004
Subsections (e) and (f) of this section shall apply to
fiscal year 2004. (Pub.L. 108-199, Div. H, Sec. 153, Jan.
23, 2004, 118 Stat. 448.)
1358
Subchapter II-D. United States Senate-Russia
Interparliamentary Group
Sec. 276o. United States Senate-Russia Interparliamentary
Group
(a) Establishment and meetings
Not to exceed 12 Senators shall be appointed to meet
annually with representatives of the Federation Council of
Russia for discussion of common problems in the interest of
relations between the United States and Russia. The Senators
so appointed shall be referred to as the ``United States
group'' of the United States Senate-Russia
Interparliamentary Group.
(b) Appointment of members
The majority and minority leaders of the Senate shall
appoint the Senators of the United States group. The
majority leader of the Senate shall designate 1 Senator as
the Chair of the United States group.
(c) Funding
There is authorized to be appropriated $100,000 for each
fiscal year to assist in meeting the expenses of the United
States group for each fiscal year for which an appropriation
is made. Appropriations shall be disbursed on vouchers to be
approved by the Chair of the United States group.
(d) Certification of expenditures
The certificate of the Chair of the United States group
shall be final and conclusive upon the accounting officers
in the auditing of the accounts of the United States group.
(e) Fiscal year 2004 funding
There is authorized within the contingent fund of the
Senate under the appropriation account ``MISCELLANEOUS
ITEMS'' $75,000 for fiscal year 2004 to assist in meeting
the official expenses of the United States Senate-Russia
Interparliamentary Group including conference room expenses,
hospitality expenses, and food and food-related expenses.
Expenses shall be paid on vouchers to be approved by the
Chair of the United States group. The Secretary of the
Senate is authorized to advance such sums as necessary to
carry out this subsection.
(f) Appropriations
There are appropriated, out of any money in the Treasury
not otherwise appropriated, for the fiscal year ending
September 30, 2004, $100,000 for the United States Senate-
Russia Interparliamentary Group.
(g) Effective date
(1) In general
Subsections (a) though (d) of this section shall apply
to fiscal year 2004, and each fiscal year thereafter.
(2) Fiscal year 2004
Subsections (e) and (f) of this section shall apply to
fiscal year 2004. (Pub.L. 108-199, Div. H, Sec. 154, Jan.
23, 2004, 118 Stat. 449.)
Chapter 24.--MUTUAL SECURITY PROGRAM
1359 Sec. 1754. Foreign currencies.
* * * * * * *
(b) Availability to Members and employees of Congress;
authorization requirements; reports
(1)(A) Notwithstanding section 1306 of title 31, or any
other provision of law--
(i) local currencies owned by the United
States, which are in excess of the amounts
reserved under section 2362(a) of this title,
and of the requirements of the United States
Government in payment of its obligations outside
the United States, as such requirements may be
determined from time to time by the President;
and
(ii) any other local currencies owned by the
United States in amounts not to exceed the
equivalent of $75 per day per person or the
maximum per diem allowance established under the
authority of subchapter I of chapter 57 of Title
5 for employees of the United States Government
while traveling in a foreign country, whichever
is greater, exclusive of the actual cost of
transportation;
shall be made available to Members and employees of the
Congress for their local currency expenses when authorized
as provided in subparagraph (B).
(B) The authorization required for purposes of
subparagraph (A) may be provided--
(i) by the Speaker of the House of
Representatives in the case of a Member or
employee of the House;
(ii) by the chairman of a standing or select
committee of the House of Representatives in the
case of a member or employee of that committee;
(iii) by the President of the Senate, the
President pro tempore of the Senate, the
Majority Leader of the Senate, or the Minority
Leader of the Senate, in the case of a Member or
employee of the Senate;
(iv) by the chairman of a standing, select,
or special committee of the Senate in the case
of a member or employee of that committee or of
an employee of a member of that committee; and
(v) by the chairman of a joint committee of
the Congress in the case of a member or employee
of that committee.
(C) Whenever local currencies owned by the United States
are not otherwise available for purposes of this subsection,
the Secretary of the Treasury shall purchase such local
currencies as may be necessary for such purposes, using any
funds in the Treasury not otherwise appropriated.
(2) On a quarterly basis, the chairman of each committee
of the House of Representatives or the Senate and of each
joint committee of the Congress (A) shall prepare a
consolidated report (i) which itemizes the amounts and
dollar equivalent values of each foreign currency expended
and the amounts of dollar expenditures from appropriated
funds in connection with travel outside the United States,
stating the purposes of the expenditures including per diem
(lodging and meals), transportation, and other purposes, and
(ii) which shows the total itemized expenditures, by such
committee and by each member or employee of such committee
(including in the case of a committee of the Senate, each
employee of a member of the committee who received an
authorization under paragraph (1) from the chairman of the
committee); and (B) shall forward such consolidated report
to the Clerk of the House of Representatives (if the
committee is a committee of the House of Representatives or
a joint committee whose funds are disbursed by the Chief
Administrative Officer of the House) or to the Secretary of
the Senate (if the committee is a committee of the Senate or
a joint committee whose funds are disbursed by the Secretary
of the Senate). Each such consolidated report shall be open
to public inspection and shall be published in the
Congressional Record within ten legislative days after the
report is forwarded pursuant to this paragraph. In the case
of the Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House
of Representatives, such consolidated report may, in the
discretion of the chairman of the committee, omit such
information as would identify the foreign countries in which
members and employees of that committee traveled.
(3)(A) Each Member or employee who receives an
authorization under paragraph (1) from the Speaker of the
House of Representatives, the President of the Senate, the
President pro tempore of the Senate, the Majority Leader of
the Senate, or the Minority Leader of the Senate, shall
within thirty days after the completion of the travel
involved, submit a report setting forth the information
specified in paragraph (2), to the extent applicable, to the
Clerk of the House of Representatives (in the case of a
Member of the House or an employee whose salary is disbursed
by the Chief Administrative Officer of the House) or the
Secretary of the Senate (in the case of a Member of the
Senate or an employee whose salary is disbursed by the
Secretary of the Senate). In the case of an authorization
for a group of Members or employees, such reports shall be
submitted for all Members of the group by its chairman, or
if there is no designated chairman, by the ranking Member or
if the group does not include a Member, by the senior
employee in the group. Each report submitted pursuant to
this subparagraph shall be open to public inspection.
(B) On a quarterly basis, the Clerk of the House of
Representatives and the Secretary of the Senate shall each
prepare a consolidation of the reports received by them
under this paragraph with respect to expenditures during the
preceding quarter by each Member and employee or by each
group in the case of expenditures made on behalf of a group
which are not allocable to individual members of the group.
Each such consolidation shall be open to public inspection
and shall be published in the Congressional Record within
ten legislative days after its completion. (Aug. 26, 1954,
ch. 937, Title V, Sec. 502, 68 Stat. 849, amended Sept. 3,
1954, ch. 1262, Sec. 104, 68 Stat. 1223; July 8, 1955, ch.
301, Sec. 9(a), 69 Stat. 288; July 18, 1956, ch. 627,
Sec. 9(b), 70 Stat. 560; June 30, 1958, Sec. 401(a), 72
Stat. 268; August 27, 1958, Pub.L. 85-766, ch. X, Sec. 1001,
72 Stat. 880; May 14, 1960, Pub.L. 86-472, Sec. 401(a), 74
Stat. 138; July 12, 1960, Pub.L. 86-628, Sec. 105(a), 74
Stat. 460; Sept. 4, 1961, Pub.L. 87-195, Pt. III,
Sec. 642(a)(2), 75 Stat. 460; Oct. 7, 1964, Pub.L. 88-633,
78 Stat. 1015; Oct. 18, 1973, Pub.L. 93-126, Sec. 5, 87
Stat. 452; Aug. 13, 1974, Pub.L. 93-371, Sec. 107, 88 Stat.
444; July 25, 1975, Pub.L. 94-59, Title XI, Sec. 1105, 89
Stat. 299; Dec. 18, 1975, Pub.L. 94-157, Title I, ch. IV, 89
Stat. 837; July 12, 1976, Pub.L. 94-350, Title IV, Sec. 402,
90 Stat. 833; Oct. 1, 1976, Pub.L. 94-440, Title I,
Sec. 109, 90 Stat. 1445; Sept. 26, 1978, Pub.L. 95-384,
Sec. 22(a), 92 Stat. 742; Aug. 20, 1996, Pub.L. 104-186,
Title II, Sec. 218(2), 110 Stat. 1747.)
1360 Sec. 1928a. North Atlantic Treaty Parliamentary Conference;
participation; appointment of United States Group.
Not to exceed twenty-four Members of Congress shall be
appointed to meet jointly and annually with representative
parliamentary groups from other NATO (North Atlantic Treaty
Organization) members, for discussion of common problems in
the interests of the maintenance of peace and security in
the North Atlantic area. Of the Members of the Congress to
be appointed for the purposes of this resolution
(hereinafter designated as the ``United States Group''),
half shall be appointed by the Speaker of the House from
Members of the House (not less than four of whom shall be
from the Committee on Foreign Affairs), and half shall be
appointed by the President of the Senate upon
recommendations of the majority and minority leaders of the
Senate from Members of the Senate. Not more than seven of
the appointees from the Senate shall be of the same
political party. The Chairman or Vice Chairman of the House
delegation shall be a Member from the Foreign Affairs
Committee, and, unless the President of the Senate, upon the
recommendation of the Majority Leader, determines otherwise,
the Chairman or Vice Chairman of the Senate delegation shall
be a Member from the Foreign Relations Committee. Each
delegation shall have a secretary. The secretaries of the
Senate and House delegations shall be appointed,
respectively, by the chairman of the Committee on Foreign
Relations of the Senate and the chairman of the Committee on
Foreign Affairs of the House of Representatives. (July 11,
1956, ch. 562, Sec. 1, 70 Stat. 523; Dec. 16, 1963, Pub.L.
88-205, Pt. IV, Sec. 406, 77 Stat. 392; Pub.L. 95-45
Sec. 4(c), June 15, 1977, 91 Stat. 222; H. Res. 89, February
5, 1979; December 22, 1987, Pub.L. 100-204, Title VII,
Sec. 744(a), 101 Stat. 1396; Pub.L. 103-437, Sec. 9(a)(5),
Nov. 2, 1994, 108 Stat. 4588.)
1361 Sec. 1928b. Authorization of appropriations.
There is authorized to be appropriated annually (1) for
the annual contribution of the United States toward the
maintenance of the NATO Parliamentary Assembly, such sum as
may be agreed upon by the United States Group and approved
by such Assembly, but in no event to exceed for any year an
amount equal to 25 per centum of the total annual
contributions made for that year by all members of the North
Atlantic Treaty Organization toward the maintenance of such
Assembly, and (2) $200,000, $100,000 for the House
delegation and $100,000 for the Senate delegation, or so
much thereof as may be necessary, to assist in meeting the
expenses of the United States Group of the NATO
Parliamentary Assembly for each fiscal year for which an
appropriation is made, such appropriation to be dispersed on
voucher to be approved by the Chairman of the House
delegation and the Chairman of the Senate delegation. (July
11, 1956, ch. 562, Sec. 2, 70 Stat. 523; June 30, 1958,
Pub.L. 85-477, ch. V, Sec. 502(d), 72 Stat. 273; Nov. 14,
1967, Pub.L. 90-137, Pt. IV, Sec. 401(a), 81 Stat. 463; Feb.
7, 1972, Pub.L. 92-226, Pt. IV, Sec. 405, 86 Stat. 34; Dec.
22, 1987, Pub.L. 100-202, Sec. 101(a) [Title III, Sec. 303],
101 Stat. 1329, 1329-23; Dec. 22, 1987, Pub.L. 100-204,
Title VII, Sec. 744(b), 101 Stat. 1396; Nov. 29, 1999,
Pub.L. 106-113, Sec. 1000(a)(7), 113 Stat. 1501A-459; Nov.
28, 2001, Pub.L. 107-77, Title IV, Sec. 408(b)(1), 115 Stat.
790.)
26 u.s.c.--internal revenue code
general and permanent laws relating to the senate
TITLE 26.--INTERNAL REVENUE CODE
Subtitle A.--INCOME TAXES
Chapter 1.--NORMAL TAXES AND SURTAXES
* * * * * * *
Subchapter B.--Computation of Taxable Income
* * * * * * *
Part II.--ITEMS SPECIFICALLY INCLUDED IN GROSS INCOME
* * * * * * *
1375 Sec. 84. Transfer of appreciated property to political
organization.
(a) General rule
If--
(1) any person transfers property to a
political organization, and
(2) the fair market value of such property
exceeds its adjusted basis,
then for purposes of this chapter the transferor shall be
treated as having sold such property to the political
organization on the date of the transfer, and the transferor
shall be treated as having realized an amount equal to the
fair market value of such property on such date.
(b) Basis of property
In the case of a transfer of property to a political
organization to which subsection (a) applies, the basis of
such property in the hands of the political organization
shall be the same as it would be in the hands of the
transferor, increased by the amount of gain recognized to
the transferor by reason of such transfer.
(c) Political organization defined
For purposes of this section, the term ``political
organization'' has the meaning given to such term by section
527(e)(1). (Jan. 3, 1975, Pub.L. 93-625, Sec. 13(a), 88
Stat. 2120.)
* * * * * * *
Part VI.--ITEMIZED DEDUCTIONS FOR INDIVIDUALS AND
CORPORATIONS
* * * * * * *
1376
Sec. 162. Trade or business expenses.
(a) In general
There shall be allowed as a deduction all the ordinary
and necessary expenses paid or incurred during the taxable
year in carrying on any trade or business, including--
(1) a reasonable allowance for salaries or
other compensation for personal services
actually rendered;
(2) traveling expenses (including amounts
expended for meals and lodging other than
amounts which are lavish or extravagant under
the circumstances) while away from home in the
pursuit of a trade or business; and
(3) rentals or other payments required to be
made as a condition to the continued use or
possession, for purposes of the trade or
business, of property to which the taxpayer has
not taken or is not taking title or in which he
has no equity.
For purposes of the preceding sentence, the place of
residence of a Member of Congress (including any Delegate
and Resident Commissioner) within the State, congressional
district, or possession which he represents in Congress
shall be considered his home, but amounts expended by such
Members within each taxable year for living expenses shall
not be deductible for income tax purposes in excess of
$3,000. For purposes of paragraph (2), the taxpayer shall
not be treated as being temporarily away from home during
any period of employment if such period exceeds 1 year. The
preceding sentence shall not apply to any Federal employee
during any period for which such employee is certified by
the Attorney General (or the designee thereof) as traveling
on behalf of the United States in temporary duty status to
investigate or prosecute, or provide support services for
the investigation or prosecution of, a Federal crime. (Aug.
16, 1954, ch. 736, 68A Stat. 45; Oct. 16, 1962, Pub.L. 87-
834, Sec. 4(b), 76 Stat. 960, 976; Oct. 4, 1976, Pub.L. 94-
455, Sec. 1901(c) (4), 90 Stat. 1803; Oct. 1, 1981, Pub.L.
97-51, Sec. 139(b)(1), 95 Stat. 967; July 18, 1982, Pub.L.
97-216, Sec. 215(a), 96 Stat. 194; Oct. 24, 1992, Pub.L.
102-486, Sec. 1938(a), 106 Stat. 3033; Aug. 5, 1997, Pub.L.
105-34, Sec. 1204(a), 111 Stat. 995; July 22, 1998, Pub.L.
105-206, Sec. 6012(a), 112 Stat. 818.)
* * * * * * *
Subchapter F.--Exempt Organizations
* * * * * * *
Part VI.--POLITICAL ORGANIZATIONS
1377 Sec. 527. Political organizations.
(a) General rule
A political organization shall be subject to taxation
under this subtitle only to the extent provided in this
section. A political organization shall be considered an
organization exempt from income taxes for the purpose of any
law which refers to organizations exempt from income taxes.
(b) Tax imposed
(1) In general.--A tax is hereby imposed for each
taxable year on the political organization taxable income of
every political organization. Such tax shall be computed by
multiplying the political organization taxable income by the
highest rate of tax specified in section 11(b).
(2) Alternative tax in case of capital gains.--If for
any taxable year any political organization has a net
capital gain, then, in lieu of the tax imposed by paragraph
(1), there is hereby imposed a tax (if such a tax is less
than the tax imposed by paragraph (1)) which shall consist
of the sum of--
(A) a partial tax, computed as provided by
paragraph (1), on the political organization
taxable income determined by reducing such
income by the amount of such gain, and
(B) an amount determined as provided in
section 1201(a) on such gain.
(c) Political organization taxable income defined
(1) Taxable income defined.--For purposes of this
section, the political organization taxable income of any
organization for any taxable year is an amount equal to the
excess (if any) of--
(A) the gross income for the taxable year
(excluding any exempt function income), over
(B) the deductions allowed by this chapter
which are directly connected with the production
of the gross income (excluding exempt function
income), computed with the modifications
provided in paragraph (2).
(2) Modifications.--For purposes of this subsection--
(A) there shall be allowed a specific
deduction of $100,
(B) no net operating loss deduction shall be
allowed under section 172, and
(C) no deduction shall be allowed under part
VIII of subchapter B (relating to special
deductions for corporations).
(3) Exempt function income.--For purposes of this
subsection, the term ``exempt function income'' means any
amount received as--
(A) a contribution of money or other
property,
(B) membership dues, a membership fee or
assessment from a member of the political
organization,
(C) proceeds from a political fundraising or
entertainment event, or proceeds from the sale
of political campaign materials, which are not
received in the ordinary course of any trade or
business, or
(D) proceeds from the conducting of any
bingo game (as defined in section 513(f)(2)),
to the extent such amount is segregated for use only for the
exempt function of the political organization.
(d) Certain uses not treated as income to candidate
For purposes of this title, if any political
organization--
(1) contributes any amount to or for the use
of any political organization which is treated
as exempt from tax under subsection (a) of this
section,
(2) contributes any amount to or for the use
of any organization described in paragraph (1)
or (2) of section 509(a) which is exempt from
tax under section 501(a), or
(3) deposits any amount in the general fund
of the Treasury or in the general funds of any
State or local government,
such amount shall be treated as an amount not diverted for
the personal use of the candidate or any other person. No
deduction shall be allowed under this title for the
contribution or deposit of any amount described in the
preceding sentence.
(e) Other definitions
For purposes of this section--
(1) Political organization.--The term
``political organization'' means a party,
committee, association, fund, or other
organization (whether or not incorporated)
organized and operated primarily for the purpose
of directly or indirectly accepting
contributions or making expenditures, or both,
for an exempt function.
(2) Exempt function.--The term ``exempt
function'' means the function of influencing or
attempting to influence the selection,
nomination, election, or appointment of any
individual to any Federal, State, or local
public office or office in a political
organization, or the election of Presidential or
Vice-Presidential electors, whether or not such
individual or electors are selected, nominated,
elected, or appointed. Such term includes the
making of expenditures relating to an office
described in the preceding sentence which, if
incurred by the individual, would be allowable
as a deduction under section 162(a).
(3) Contributions.--The term
``contributions'' has the meaning given to such
term by section 271(b)(2).
(4) Expenditures.--The term ``expenditures''
has the meaning given to such term by section
271(b)(3).
(5) Qualified State or Local Political
Organization--
(A) In general.--The term ``qualified
State or local political organization''
means a political organization--
(i) all the exempt functions of
which are solely for the purposes of
influencing or attempting to
influence the selection, nomination,
election, or appointment of any
individual to any State or local
public office or office in a State
or local political organization,
(ii) which is subject to State
law that requires the organization
to report (and it so reports)--
(I) information
regarding each separate
expenditure from and
contribution to such
organization, and
(II) information
regarding the person who
makes such contribution or
receives such expenditure,
which would otherwise be required to be
reported under this section, and
(iii) with respect to which the
reports referred to in clause (ii)
are (I) made public by the agency
with which such reports are filed,
and (II) made publicly available for
inspection by the organization in
the manner described in section
6104(d).
(B) Certain State law differences
disregarded.--An organization shall not be
treated as failing to meet the requirements
of subparagraph (A)(ii) solely by reason of
1 or more of the following:
(i) The minimum amount of any
expenditure or contribution required
to be reported under State law is
not more than $300 greater than the
minimum amount required to be
reported under subsection (j).
(ii) The State law does not
require the organization to identify
1 or more of the following:
(I) The employer of any
person who makes
contributions to the
organization.
(II) The occupation of
any person who makes
contributions to the
organization.
(III) The employer of
any person who receives
expenditures from the
organization.
(IV) The occupation of
any person who receives
expenditures from the
organization.
(V) The purpose of any
expenditure of the
organization.
(VI) The date any
contribution was made to the
organization.
(VII) The date of any
expenditure of the
organization.
(C) De Minimis Errors.--An organization
shall not fail to be treated as a qualified
State or local political organization solely
because such organization makes de minimis
errors in complying with the State reporting
requirements and the public inspection
requirements described in subparagraph (A)
as long as the organization corrects such
errors within a reasonable period after the
organization becomes aware of such errors.
(D) Participation of Federal candidate
or office holder.--The term ``qualified
State or local political organization''
shall not include any organization otherwise
described in subparagraph (A) if a candidate
for nomination or election to Federal
elective public office or an individual who
holds such office--
(i) controls or materially
participates in the direction of the
organization.
(ii) solicits contributions to
the organization (unless the
Secretary determines that such
solicitations resulted in de minimis
contributions and were made without
the prior knowledge and consent,
whether explicit or implicit, of the
organization or its officers,
directors, agents, or employees, or
(iii) directs, in whole or in
part, disbursements by the
organization.
* * * * * * *
(g) Treatment of newsletter funds
(1) In general.--For purposes of this section, a fund
established and maintained by an individual who holds, has
been elected to, or is a candidate (within the meaning of
paragraph (3)) for nomination or election to, any Federal,
State, or local elective public office for use by such
individual exclusively for the preparation and circulation
of such individual's newsletter shall, except as provided in
paragraph (2), be treated as if such fund constituted a
political organization.
(2) Additional modifications.--In the case of any fund
described in paragraph (1)--
(A) the exempt function shall be only the
preparation and circulation of the newsletter,
and
(B) the specific deduction provided by
subsection (c)(2)(A) shall not be allowed.
(3) Candidate.--For purposes of paragraph (1), the term
``candidate'' means, with respect to any Federal, State, or
local elective public office, an individual who--
(A) publicly announces that he is a
candidate for nomination or election to such
office, and
(B) meets the qualifications prescribed by
law to hold such office.
(h) Special rule for principal campaign committees
(1) In general.--In the case of a political organization
which is a principal campaign committee, paragraph (1) of
subsection (b) shall be applied by substituting ``the
appropriate rates'' for ``the highest rate''.
(2) Principal campaign committee defined--
(A) In general.--For purposes of this
subsection, the term ``principal campaign
committee'' means the political committee
designated by a candidate for Congress as his
principal campaign committee for purposes of--
(i) section 302(e) of the Federal
Election Campaign Act of 1971 (2 U.S.C.
432(e)), and
(ii) this subsection.
(B) Designation.--A candidate may have only
1 designation in effect under subparagraph
(A)(ii) at any time and such designation--
(i) shall be made at such time and in
such manner as the Secretary may prescribe
by regulations, and
(ii) once made, may be revoked only with
the consent of the Secretary.
Nothing in this subsection shall be construed to
require any designation where there is only one
political committee with respect to a candidate.
(i) Organizations must notify Secretary that they are
section 527 organizations
(1) In general.--Except as provided in paragraph (5), an
organization shall not be treated as an organization
described in this section--
(A) unless it has given notice to the
Secretary electronically that it is to be so
treated, or
(B) if the notice is given after the time
required under paragraph (2), the organization
shall not be so treated for any period before
such notice is given or, in the case of any
material change in the information required
under paragraph (3), for the period beginning on
the date on which the material change occurs and
ending on the date on which such notice is
given,
(2) Time to give notice.--The notice required under
paragraph (1) shall be transmitted not later than 24 hours
after the date on which the organization is established or,
in the case of any material change in the information
required under paragraph (3), not later than 30 days after
such material change.
(3) Contents of notice.--The notice required under
paragraph (1) shall include information regarding--
(A) the name and address of the organization
(including any business address, if different)
and its electronic mailing address,
(B) the purpose of the organization,
(C) the names and addresses of its officers,
highly compensated employees, contact person,
custodian of records, and members of its Board
of Directors,
(D) the name and address of, and
relationship to, any related entities (within
the meaning of section 168(h)(4)),
(E) whether the organization intends to
claim an exemption from the requirements of
subsection (j) or section 6033, and
(F) such other information as the Secretary
may require to carry out the Internal Revenue
laws.
(4) Effect of failure.--In the case of an organization
failing to meet the requirements of paragraph (1) for any
period, the taxable income of such organization shall be
computed by taking into account any exempt function income
(and any deductions directly connected with the production
of such income) or in the case of a failure relating to a
material change, by taking into account such income and
deductions only during the period beginning on the date on
which the material change occurs and ending on the date on
which notice is given under this subsection. For purposes of
the preceding sentence, the term ``exempt function income''
means any amount described in a subparagraph of subsection
(c)(3), whether or not segregated for use for any exempt
function.
(5) Exceptions.--This subsection shall not apply to any
organization--
(A) to which this section applies solely be
reason of subsection (f)(1),
(B) which reasonably anticipates that it
will not have gross receipts of $25,000 or more
for any taxable year, or,
(C) which is a political committee of a
State or local candidate or which is a State or
local committee of a political party.
(6) Coordination with other requirements.--This
subsection shall not apply to any person required (without
regard to this subsection) to report under the Federal
Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) as a
political committee.
(j) Required disclosure of expenditures and contributions
(1) Penalty for failure.--In the case of--
(A) a failure to make the required
disclosures under paragraph (2) at the time and
in the manner prescribed therefor, or
(B) a failure to include any of the
information required to be shown by such
disclosures or to show the correct information,
there shall be paid by the organization an amount equal to
the rate of tax specified in subsection (b)(1) multiplied by
the amount to which the failure relates. For purpose of
subtitle F, the amount imposed by this paragraph shall be
assessed and collected in the same manner as penalties
imposed by section 6652(c).
(2) Required disclosure.--A political organization which
accepts a contribution, or makes an expenditure, for an
exempt function during any calendar year shall file with the
Secretary either--
(A)(i) in the case of a calendar year in
which a regularly scheduled election is held--
(I) quarterly reports, beginning with
the first quarter of the calendar year in
which a contribution is accepted or
expenditure is made, which shall be filed
not later than the fifteenth day after the
last day of each calendar quarter, except
that the report for the quarter ending on
December 31 of such calendar year shall be
filed not later than January 31 of the
following calendar year,
(II) a pre-election report, which shall
be filed not later than the twelfth day
before (or posted by registered or certified
mail not later than the fifteenth day
before) any election with respect to which
the organization makes a contribution or
expenditure, and which shall be complete as
of the twentieth day before the election,
and
(III) a post-general election report,
which shall be filed not later than the
thirtieth day after the general election and
which shall be complete as of the twentieth
day after such general election, and
(ii) in the case of any other calendar year,
a report covering the period beginning January 1
and ending June 30, which shall be filed no
later than July 31 and a report covering the
period beginning July 1 and ending December 31,
which shall be filed no later than January 31 of
the following calendar year, or
(B) monthly reports for the calendar year,
beginning with the first month of the calendar
year in which a contribution is accepted or
expenditure is made, which shall be filed not
later than the twentieth day after the last day
of the month and shall be complete as of the
last day of the month, except that, in lieu of
filing the reports otherwise due in November and
December of any year in which a regularly
scheduled general election is held, a pre-
general election report shall be filed in
accordance with subparagraph (A)(i)(II), a post-
general election report shall be filed in
accordance with subparagraph (A)(i)(III), and a
year end report shall be filed not later than
January 31 of the following calendar year.
(3) Contents of report.--A report required under
paragraph (2) shall contain the following information:
(A) The amount, date, and purpose of each
expenditure made to a person if the aggregate
amount of expenditures to such person during the
calendar year equals or exceeds $500 and the
name and address of the person (in the case of
an individual, including the occupation and name
of employer of such individual).
(B) The name and address (in the case of an
individual, including the occupation and name of
employer of such individual) of all contributors
which contributed an aggregate amount of $200 or
more to the organization during the calendar
year and the amount and date of the
contribution.
Any expenditure or contribution disclosed in a previous
reporting period is not required to be included in the
current reporting period.
(4) Contracts to spend or contribute.--For purposes of
this subsection, a person shall be treated as having made an
expenditure or contribution if the person has contracted or
is otherwise obligated to make the expenditure or
contribution.
(5) Coordination with other requirements.--This
subsection shall not apply.--
(A) to any person required (without regard
to this subsection) to report under the Federal
Election Campaign Act of 1971 (2 U.S.C. 431 et
seq.) as a political committee,
(B) to any State or local committee of a
political party or political committee of a
State or local candidate,
(C) to any organization which is a qualified
State or local political organization,
(D) to any organization which reasonably
anticipates that it will not have gross receipts
of $25,000 or more for any taxable year,
(E) to any organization to which this
section applies solely by reason of subsection
(f)(1), or
(F) with respect to any expenditure which is
an independent expenditure (as defined in
section 301 of such Act).
(6) Election.--For purposes of this subsection, the term
``election'' means--
(A) a general, special, primary, or runoff
election for a Federal office,
(B) a convention or caucus of a political
party which has authority to nominate a
candidate for Federal office,
(C) a primary election held for the
selection of delegates to a national nominating
convention of a political party, or
(D) a primary election held for the
expression of a preference for the nomination of
individuals for election to the office of
President.
(7) Electronic filing.--Any report required under
paragraph (2) with respect to any calendar year shall be
filed in electronic form if the organization has, or has
reason to expect to have, contributions exceeding $50,000 or
expenditures exceeding $50,000 in such calendar year.
(k) Public availability of notices and reports
(1) In general.--The Secretary shall make any notice
described in subsection (i)(1) or report described in
subsection (j)(7) available for public inspection on the
Internet not later than 48 hours after such notice or report
has been filed (in addition to such public availability as
may be made under section 6104(d)(7)).
(2) Access.--The Secretary shall make the entire
database of notices and reports which are made available to
the public under paragraph (1) searchable by the following
items (to the extent the items are required to be included
in the notices and reports):
(A) Names, States, zip codes, custodians of
records, directors, and general purposes of the
organizations.
(B) Entities related to the organizations.
(C) Contributors to the organizations.
(D) Employers of such contributors.
(E) Recipients of expenditures by the
organizations.
(F) Ranges of contributions and
expenditures.
(G) Time periods of the notices and reports.
Such database shall be downloadable.
(l) Authority to waive
The Secretary may waive all or any portion of the--
(1) tax assessed on an organization by
reason of the failure of the organization to
comply with the requirements of subsection (i),
or
(2) amount imposed under subsection (j) for
a failure to comply with the requirements
thereof,
on a showing that such failure was due to reasonable cause
and not due to willful neglect. (Jan. 3, 1975, Pub.L. 93-
625, Sec. 10(a), 88 Stat. 2116; Oct. 4, 1976, Pub.L. 94-455,
Sec. 1901(b)(33)(c), 90 Stat. 1801; Oct. 21, 1978, Pub.L.
95-502, Sec. 302(a), 92 Stat. 1702; Nov. 6, 1978, Pub.L. 95-
600, Sec. 301(b)(6), 92 Stat. 2821; Aug. 13, 1981, Pub.L.
97-34, Sec. 128, 95 Stat. 203; July 18, 1984, Pub.L. 98-369,
Sec. Sec. 474(r)(16), 722(c), 98 Stat. 843, 973; Oct. 22,
1986, Pub.L. 99-514, Sec. 112(b)(1), 100 Stat. 2085; Nov.
10, 1988, Pub.L. 100-647, Sec. 1001(b)(3)(B), 102 Stat.
3349; July 1, 2000, Pub.L. 106-230, Sec. Sec. 1(a), 2(a),
114 Stat. 477, 479; Nov. 2, 2002, Pub.L. 107-276,
Sec. Sec. 1(a), 2, 5(a), 6, 116 Stat. 1929, 1932-1934.)
* * * * * * *
Subchapter N.--Tax Based on Income From Sources Within or
Without the United States
* * * * * * *
Part II.--NONRESIDENT ALIENS AND FOREIGN CORPORATIONS
* * * * * * *
Subpart D.--Miscellaneous Provisions
* * * * * * *
1378 Sec. 896. Adjustment of tax on nationals, residents, and
corporations of certain foreign countries.
* * * * * * *
(d) Notification of Congress required
No proclamation shall be issued by the President
pursuant to this section unless, at lest 30 days prior to
such proclamation, he has notified the Senate and the House
of Representatives of his intention to issue such
proclamation. (Nov. 13, 1966, Pub.L. 89-809, Sec. 105(b), 80
Stat. 1563.)
Subchapter P.--Capital Gains and Losses
* * * * * * *
Part III.--GENERAL RULES FOR DETERMINING CAPITAL GAINS AND
LOSSES
1379 Sec. 1221. Capital asset defined.
(a) In general.--For purposes of this subtitle, the term
``capital asset'' means property held by the taxpayer
(whether or not connected with his trade or business), but
does not include--
* * * * * * *
(5) a publication of the United States Government
(including the Congressional Record) which is received from
the United States Government or any agency thereof, other
than by purchase at the price at which it is offered for
sale to the public, and which is held by--
(A) a taxpayer who so received such
publication, or
(B) a taxpayer in whose hands the basis of
such publication is determined, for purposes of
determining gain from a sale or exchange, in
whole or in part by reference to the basis of
such publication in the hands of a taxpayer
described in subparagraph (A). (Aug. 16, 1954,
ch. 736. 68A Stat. 321; Oct. 4, 1976, Pub.L. 94-
455, Sec. 2132 (a), 90 Stat. 1925; Aug. 13,
1981, Pub.L. 97-34, Sec. 505 (a), 95 Stat. 331;
Dec. 17, 1999, Pub.L. 106-170, Sec. 532(a), 113
Stat. 1928.
* * * * * * *
SUBTITLE F.--PROCEDURE AND ADMINISTRATION
Chapter 61.--INFORMATION AND RETURNS
Subchapter A.--Returns and Records
* * * * * * *
Part III.--INFORMATION RETURNS
Subpart A.--Information Concerning Persons Subject to
Special Provisions
* * * * * * *
1380 Sec. 6033. Returns by exempt organizations.
* * * * * * *
(g) Returns required by political organizations
(1) In general.--This section shall apply to a political
organization (as defined by section 527(e)(1)) which has
gross receipts of $25,000 or more for the taxable year. In
the case of a political organization which is a qualified
State or local political organization (as defined in section
527(e)(5)), the preceding sentence shall be applied by
substituting ``$100,000'' for ``$25,000''.
(2) Annual returns.--Political organizations described
in paragraph (1) shall file an annual return--
(A) containing the information required, and
complying with the other requirements, under
subsection (a)(1) for organizations exempt from
taxation under section 501(a), with such
modifications as the Secretary considers
appropriate to require only information which is
necessary for the purposes of carrying out
section 527, and
(B) containing such other information as the
Secretary deems necessary to carry out the
provisions of this subsection.
(3) Mandatory exceptions from filing.--Paragraph (2)
shall not apply to an organization--
(A) which is a State or local committee of a
political party, or political committee of a
State or local candidate,
(B) which is a caucus or association of
State or local officials,
(C) which is an authorized committee (as
defined in section 301(6) of the Federal
Election Campaign Act of 1971) of a candidate
for Federal office,
(D) which is a national committee (as
defined in section 301(14) of the Federal
Election Campaign Act of 1971) of a political
party,
(E) which is a United States House of
Representatives or United States Senate campaign
committee of a political party committee,
(F) which is required to report under the
Federal Election campaign Act of 1971 as a
political committee (as defined in section
301(4) of such Act), or
(G) to which section 527 applies for the
taxable year solely by reason of subsection
(f)(1) of such section.
(4) Discretionary exception.--The Secretary may relieve
any organization required under paragraph (2) to file an
information return from filing such a return if the
Secretary determines that such filing is not necessary to
the efficient administration of the Internal Revenue laws.
(Nov. 2, 2002, Pub.L. 107-276, Sec. 3(c), 116 Stat. 1931.)
* * * * * * *
Subchapter B.--Miscellaneous Provisions
* * * * * * *
1381 Sec. 6103. Confidentiality and disclosure of returns and
return information.
* * * * * * *
(f) Disclosure to committees of Congress
(1) Committee on Ways and Means, Committee on Finance,
and Joint Committee on Taxation.--Upon written request from
the chairman of the Committee on Ways and Means of the House
of Representatives, the chairman of the Committee on Finance
of the Senate, or the chairman of the Joint Committee on
Taxation, the Secretary shall furnish such committee with
any return or return information specified in such request,
except that any return or return information which can be
associated with, or otherwise identify, directly or
indirectly, a particular taxpayer shall be furnished to such
committee only when sitting in closed executive session
unless such taxpayer otherwise consents in writing to such
disclosure.
(2) Chief of Staff of Joint Committee on Taxation.--Upon
written request by the Chief of Staff of the Joint Committee
on Taxation, the Secretary shall furnish him with any return
or return information specified in such request. Such Chief
of Staff may submit such return or return information to any
committee described in paragraph (1), except that any return
or return information which can be associated with, or
otherwise identify, directly or indirectly, a particular
taxpayer shall be furnished to such committee only when
sitting in closed executive session unless such taxpayer
otherwise consents in writing to such disclosure.
(3) Other committees.--Pursuant to an action by, and
upon written request by the chairman of, a committee of the
Senate or the House of Representatives (other than a
committee specified in paragraph (1)) specially authorized
to inspect any return or return information by a resolution
of the Senate or the House of Representatives or, in the
case of a joint committee (other than the joint committee
specified in paragraph (1)) by concurrent resolution, the
Secretary shall furnish such committee, or a duly authorized
and designated subcommittee thereof, sitting in closed
executive session, with any return or return information
which such resolution authorizes the committee or
subcommittee to inspect. Any resolution described in this
paragraph shall specify the purpose for which the return or
return information is to be furnished and that such
information cannot reasonably be obtained from any other
source.
(4) Agents of committees and submission of information
to Senate or House of Representatives--
(A) Committees described in paragraph (1).--
Any committee described in paragraph (1) or the
Chief of Staff of the Joint Committee on
Taxation shall have the authority, acting
directly, or by or through such examiners or
agents as the chairman of such committee or such
chief of staff may designate or appoint, to
inspect returns and return information at such
time and in such manner as may be determined by
such chairman or chief of staff. Any return or
return information obtained by or on behalf of
such committee pursuant to the provisions of
this subsection may be submitted by the
committee to the Senate or the House of
Representatives, or to both. The Joint Committee
on Taxation may also submit such return or
return information to any other committee
described in paragraph (1), except that any
return or return information which can be
associated with, or otherwise identify, directly
or indirectly, a particular taxpayer shall be
furnished to such committee only when sitting in
closed executive session unless such taxpayer
otherwise consents in writing to such
disclosure.
(B) Other committees.--Any committee or
subcommittee described in paragraph (3) shall
have the right, acting directly, or by or
through no more than four examiners or agents,
designated or appointed in writing in equal
numbers by the chairman and ranking minority
member of such committee or subcommittee, to
inspect returns and return information at such
time and in such manner as may be determined by
such chairman and ranking minority member. Any
return or return information obtained by or on
behalf of such committee or subcommittee
pursuant to the provisions of this subsection
may be submitted by the committee to the Senate
or the House of Representatives, or to both,
except that any return or return information
which can be associated with, or otherwise
identify, directly or indirectly, a particular
taxpayer, shall be furnished to the Senate or
the House of Representatives only when sitting
in closed executive session unless such taxpayer
otherwise consents in writing to such
disclosure.
(5) Disclosure by whistleblower.--Any person who
otherwise has or had access to any return or return
information under this section may disclose such return or
return information to a committee referred to in paragraph
(1) or any individual authorized to receive or inspect
information under paragraph (4)(A) if such person believes
such return or return information may relate to possible
misconduct, maladministration, or taxpayer abuse.
(g) Disclosure to President and certain other persons
* * * * * * *
(5) Reporting requirements
Within 30 days after the close of each calendar quarter,
the President and the head of any agency requesting returns
and return information under this subsection shall each file
a report with the Joint Committee on Taxation setting forth
the taxpayers with respect to whom such requests were made
during such quarter under this subsection, the returns or
return information involved, and the reasons for such
requests. The President shall not be required to report on
any request for returns and return information pertaining to
an individual who was an officer or employee of the
executive branch of the Federal Government at the time such
request was made. Reports filed pursuant to this paragraph
shall not be disclosed unless the Joint Committee on
Taxation determines that disclosure thereof (including
identifying details) would be in the national interest. Such
reports shall be maintained by the Joint Committee on
Taxation for a period not exceeding 2 years unless, within
such period, the Joint Committee on Taxation determines that
a disclosure to the Congress is necessary. (Pub.L. 105-65,
Title V, (Sec. 542(b), 111 Stat. 1412; July 22, 1998, Pub.L.
105-206, Title I, Sec. 1101(b), Title III,
Sec. Sec. 3702(a), (b), 3708(a), 3711(b), Title VI,
Sec. Sec. 6007(f)(4), 6009(d), 6012(b)(2), (4), 6019(c),
6023(22), 112 Stat. 696, 776, 777, 778, 781, 810, 812, 819,
823, 826; Oct. 21, 1998, Pub.L. 105-277, Div. J, Title I,
Sec. 1006, Title IV, Sec. Sec. 4002(a), (h), 4006(a), 112
Stat. 2681-900, 2681-906, 2681-907, 2681-912; Dec. 17, 1999,
Pub.L. 106-170, Title V, Sec. 521(a)(1), 113 Stat. 1925.)
* * * * * * *
1382 Sec. 6104. Publicity of information required from certain
exempt organizations and certain trusts.
(a) Inspection of applications for tax exemption or notice
of status
(1) Public inspection--
(A) Organizations described in section 501
or 527.--If an organization described in section
501(c) or (d) is exempt from taxation under
section 501(a) for any taxable year or a
political organization is exempt from taxation
under section 527 for any taxable year, the
application filed by the organization with
respect to which the Secretary made his
determination that such organization was
entitled to exemption under section 501(a) or
notice of status filed by the organization under
section 527(i), together with any papers
submitted in support of such application or
notice, and any letter or other document issued
by the Internal Revenue Service with respect to
such application or notice shall be open to
public inspection at the national office of the
Internal Revenue Service. In the case of any
application or notice filed after the date of
the enactment of this subparagraph, a copy of
such application or notice and such letter or
document shall be open to public inspection at
the appropriate field office of the Internal
Revenue Service (determined under regulations
prescribed by the Secretary). Any inspection
under this subparagraph may be made at such
times, and in such manner, as the Secretary
shall by regulations prescribe. After the
application of any organization for exemption
from taxation under section 501(a) has been
opened to public inspection under this
subparagraph, the Secretary shall, on the
request of any person with respect to such
organization, furnish a statement indicating the
subsection and paragraph of section 501 which it
has been determined describes such organization.
(B) Pension, etc., plans.--The following
shall be open to public inspection at such times
and in such places as the Secretary may
prescribe:
(i) any application filed with respect
to the qualification of a pension, profit-
sharing, or stock bonus plan under section
401(a) or 403(a), an individual retirement
account described in section 408(a), or an
individual retirement annuity described in
section 408(b),
(ii) any application filed with respect
to the exemption from tax under section
501(a) of an organization forming part of a
plan or account referred to in clause (i),
(iii) any papers submitted in support of
an application referred to in clause (i) or
(ii), and
(iv) any letter or other document issued
by the Internal Revenue Service and dealing
with the qualification referred to in clause
(i) or the exemption from tax referred to in
clause (ii).
Except in the case of a plan participant, this
subparagraph shall not apply to any plan referred to
in clause (i) having not more than 25 participants.
(C) Certain names and compensation not to be
open to public inspection.--In the case of any
application, document, or other papers, referred
to in subparagraph (B), information from which
the compensation (including deferred
compensation) of any individual may be
ascertained shall not be opened to public
inspection under subparagraph (B).
(D) Withholding of certain other
information.--Upon request of the organization
submitting any supporting papers described in
subparagraph (A) or (B), the Secretary shall
withhold from public inspection any information
contained therein which he determines relates to
any trade secret, patent, process, style of
work, or apparatus, of the organization, if he
determines that public disclosure of such
information would adversely affect the
organization. The Secretary shall withhold from
public inspection any information contained in
supporting papers described in subparagraph (A)
or (B) the public disclosure of which he
determines would adversely affect the national
defense.
(2) Inspection by committee of Congress.--Section
6103(f) shall apply with respect to--
(A) the application for exemption of any
organization described in section 501(c) or (d)
which is exempt from taxation under section
501(a) for any taxable year or notice of status
of any political organization which is exempt
from taxation under section 527 for any taxable
year, and any application referred to in
subparagraph (B) of subsection (a)(1) of this
section, and
(B) any other papers which are in the
possession of the Secretary and which relate to
such application,
as if such papers constituted returns.
(3) Information available on internet and in person--
(A) In general.--The Secretary shall make
publicly available, on the Internet and at the
offices of the Internal Revenue Service--
(i) a list of all political
organizations which file a notice with the
Secretary under section 527(i), and
(ii) the name, address, electronic
mailing address, custodian of records, and
contact person for such organization.
(B) Time to make information available.--The
Secretary shall make available the information
required under subparagraph (A) not later than 5
business days after the Secretary receives a
notice from a political organization under
section 527(i).
(Sept. 2, 1958, Pub.L. 85-866, Sec. 75(a) 72 Stat. 1660;
Sept. 2, 1974, Pub.L. 93-406, Sec. 1022(g)(1), (2), 88 Stat.
940; Oct. 4, 1976, Pub.L. 94-455, Sec. Sec. 1201(d),
1906(b)(13)(A), 90 Stat. 1667, 1834; Nov. 6, 1978, Pub.L.
95-600, Sec. 703(m), 92 Stat. 2943; July 18, 1984, Pub.L.
98-369 Sec. 491(d)(49), 98 Stat. 852; July 1, 2000, Pub.L.
106-230, Sec. 1(b), 114 Stat. 478.)
* * * * * * *
Chapter 78.--DISCOVERY OF LIABILITY AND ENFORCEMENT OF TITLE
Subchapter A.--Examination and Inspection
* * * * * * *
1383 Sec. 7608. Authority of internal revenue enforcement
officers.
* * * * * * *
(c) Rules relating to undercover operations
* * * * * * *
(4) Audits--
(A) The Service shall conduct a detailed
financial audit of each undercover investigative
operation which is closed in each fiscal year;
and
(i) submit the results of the audit in
writing to the Secretary; and
(ii) not later than 180 days after such
undercover operation is closed, submit a
report to the Congress concerning such
audit.
(B) The Service shall also submit a report
annually to the Congress specifying as to its
undercover investigative operations--
(i) the number, by programs, of
undercover investigative operations pending
as of the end of the 1-year period for which
such report is submitted;
(ii) the number, by programs, of
undercover investigative operations
commenced in the 1-year period for which
such report is submitted;
(iii) the number, by programs, of
undercover investigative operations closed
in the 1-year period for which such report
is submitted; and
(iv) the following information with
respect to each undercover investigative
operation pending as of the end of the 1-
year period for which such report is
submitted or closed during such 1-year
period--
(I) the date the operation began
and the date of the certification
referred to in the last sentence of
paragraph (1),
(II) the total expenditures
under the operation and the amount
and use of the proceeds from the
operation,
(III) a detailed description of
the operation including the
potential violation being
investigated and whether the
operation is being conducted under
grand jury auspices, and
(IV) the results of the
operation including the results of
criminal proceedings.
(Nov. 18, 1988, Pub.L. 100-690, Sec. 7601(c)(2), 102 Stat.
4504; July 30, 1996, Pub.L. 104-168, Sec. 1205(c)(1), 110
Stat. 1471.)
* * * * * * *
Chapter 79.--DEFINITIONS
1384 Sec. 7701. Definitions.
* * * * * * *
(j) Tax treatment of Federal Thrift Savings Fund
(1) In general.--For purposes of this title--
(A) the Thrift Savings Fund shall be treated
as a trust described in section 401(a) which is
exempt from taxation under section 501(a);
(B) any contribution to, or distribution
from, the Thrift Savings Fund shall be treated
in the same manner as contributions to or
distributions from such a trust; and
(C) subject to section 401(k)(4)(B) and any
dollar limitation on the application of section
402(e)(3), contributions to the Thrift Savings
Fund shall not be treated as distributed or made
available to an employee or Member nor as a
contribution made to the Fund by an employee or
Member merely because the employee or Member
has, under the provisions of subchapter III of
chapter 84 of title 5, United States Code, and
section 8351 of such title 5, an election
whether the contribution will be made to the
Thrift Savings Fund or received by the employee
or Member in cash.
(2) Nondiscrimination requirements.--Notwithstanding any
other provision of the law, the Thrift Savings Fund is not
subject to the nondiscrimination requirements applicable to
arrangements described in section 401(k) or to matching
contributions (as described in section 401(m)), so long as
it meets the requirements of this section.
(3) Coordination with Social Security Act.--Paragraph
(1) shall not be construed to provide that any amount of the
employee's or Member's basic pay which is contributed to the
Thrift Savings Fund shall not be included in the term
``wages'' for the purposes of section 209 of the Social
Security Act or section 3121(a) of this title.
(4) Definitions.--For purposes of this subsection, the
terms ``Member'', ``employee'', and ``Thrift Savings Fund''
shall have the same respective meanings as when used in
subchapter III of chapter 84 of title 5, United States Code.
(5) Coordination with other provisions of law.--No
provision of law not contained in this title shall apply for
purposes of determining the treatment under this title of
the Thrift Savings Fund or any contribution to, or
distribution from, such Fund. (Oct. 22, 1986, Pub.L. 99-514,
Sec. 1147(a), 100 Stat. 2493; Dec. 22, 1987, Pub.L. 100-202,
Sec. 624(a), 101 Stat. 1329-429; Nov. 10, 1988, Pub.L. 100-
647, Sec. 1011A(m)(1), 102 Stat. 3483; Nov. 5, 1990, Pub.L.
101-508, Sec. 11704(a)(34), 104 Stat. 1388-519; July 3,
1992, Pub.L. 102-318, Sec. 521(b)(43), 106 Stat. 313.)
(k) Treatment of certain amounts paid to charity
In the case of any payment which, except for section
501(b) of the Ethics in Government Act of 1978, might be
made to any officer or employee of the Federal Government
but which is made instead on behalf of such officer or
employee to an organization described in section 170(c)--
(1) such payment shall not be treated as
received by such officer or employee for all
purposes of this title and for all purposes of
any tax law of a State or political subdivision
thereof, and
(2) no deduction shall be allowed under any
provision of this title (or of any law of a
State or political subdivision thereof) to such
officer or employee by reason of having such
payment made to such organization.
For purposes of this subsection, a Senator, a Representative
in, or a Delegate or Resident Commissioner to, the Congress
shall be treated as an officer or employee of the Federal
Government. (Nov. 30, 1989, Pub.L. 101-194, Sec. 602, 103
Stat. 1762; Aug. 14, 1991, Pub.L. 102-90, Sec. 314(e), 103
Stat. 469-470.)
* * * * * * *
Chapter 80.--GENERAL RULES
Subchapter A.--Application of Internal Revenue Laws
* * * * * * *
1385 Sec. 7802. Internal Revenue Service Oversight Board.
* * * * * * *
(d) Specific responsibilities
* * * * * * *
(4) Budget.--To--
(A) review and approve the budget request of
the Internal Revenue Service prepared by the
Commissioner;
(B) submit such budget request to the
Secretary of the Treasury; and
(C) ensure that the budget request supports
the annual and long-range strategic plans.
* * * * * * *
The Secretary shall submit the budget request referred to in
paragraph (4)(B) for any fiscal year to the President who
shall submit such request, without revision, to Congress
together with the President's annual budget request for the
Internal Revenue Service for such fiscal year.
* * * * * * *
(f) Administrative matters
* * * * * * *
(3) Reports--
(A) Annual.--The Oversight Board shall each
year report with respect to the conduct of its
responsibilities under this title to the
President, the Committees on Ways and Means,
Government Reform and Oversight, and
Appropriations of the House of Representatives
and the Committees on Finance, Governmental
Affairs, and Appropriations of the Senate.
(B) Additional report.--Upon a determination
by the Oversight Board under subsection
(c)(1)(B) that the organization and operation of
the Internal Revenue Service are not allowing it
to carry out its mission, the Oversight Board
shall report such determination to the Committee
on Ways and Means of the House of
Representatives and the Committee on Finance of
the Senate. (July 22, 1998, Pub.L. 105-206,
Sec. 1101(a), 112 Stat. 691.)
* * * * * * *
1386 Sec. 7803. Commissioner of Internal Revenue; other
officials.
* * * * * * *
(c) Office of the Taxpayer Advocate
* * * * * * *
(2) Functions of office.
* * * * * * *
(B) Annual reports--
(i) Objectives.--Not later than June 30 of
each calendar year, the National Taxpayer
Advocate shall report to the Committee on Ways
and Means of the House of Representatives and
the Committee on Finance of the Senate on the
objectives of the Office of the Taxpayer
Advocate for the fiscal year beginning in such
calendar year. Any such report shall contain
full and substantive analysis, in addition to
statistical information.
(ii) Activities.--Not later than December 31
of each calendar year, the National Taxpayer
Advocate shall report to the Committee on Ways
and Means of the House of Representatives and
the Committee on Finance of the Senate on the
activities of the Office of the Taxpayer
Advocate during the fiscal year ending during
such calendar year. (July 22, 1998, Pub.L. 105-
206, Sec. 1102(a), 112 Stat. 697.)
* * * * * * *
1387 Sec. 7805. Rules and regulations.
* * * * * * *
(b) Retroactivity of regulations
* * * * * * *
(6) Congressional authorization.--The limitation of
paragraph (1) may be superseded by a legislative grant from
Congress authorizing the Secretary to prescribe the
effective date with respect to any regulation. (July 30,
1996, Pub.L. 104-168, Sec. 1101(a), 110 Stat. 1468.)
* * * * * * *
SUBTITLE G.--THE JOINT COMMITTEE ON TAXATION
Chapter 91.--ORGANIZATION AND MEMBERSHIP OF THE JOINT
COMMITTEE
1388 Sec. 8001. Authorization.
There shall be a joint congressional committee known as
the Joint Committee on Taxation (hereinafter in this
subtitle referred to as the ``Joint Committee''). (Aug. 16,
1954, ch. 736, 68A Stat. 925; Oct. 4, 1976, Pub.L. 94-455,
Sec. 1907(a)(1), 90 Stat. 1835.)
1389 Sec. 8002. Membership.
(a) Number and selection
The Joint Committee shall be composed of 10 members as
follows:
(1) From Committee on Finance.--Five members
who are members of the Committee on Finance of
the Senate, three from the majority and two from
the minority party, to be chosen by such
Committee; and
(2) From Committee on Ways and Means.--Five
members who are members of the Committee on Ways
and Means of the House of Representatives, three
from the majority and two from the minority
party, to be chosen by such Committee.
(b) Tenure of office
(1) General limitation.--No person shall continue to
serve as a member of the Joint Committee after he has ceased
to be a member of the committee by which he was chosen,
except that--
(2) Exception.--The members chosen by the Committee on
Ways and Means who have been reelected to the House of
Representatives may continue to serve as members of the
Joint Committee notwithstanding the expiration of the
Congress.
(c) Vacancies
A vacancy in the Joint Committee--
(1) Effect.--Shall not affect the power of
the remaining members to execute the functions
of the Joint Committee; and
(2) Manner of filling.--Shall be filled in
the same manner as the original selection,
except that--
(A) Adjournment or recess of Congress.--
In case of a vacancy during an adjournment
or recess of Congress for a period of more
than 2 weeks, the members of the Joint
Committee who are members of the Committee
entitled to fill such vacancy may designate
a member of such Committee to serve until
his successor is chosen by such Committee;
and
(B) Expiration of Congress.--In the case
of a vacancy after the expiration of a
Congress which would be filled by the
Committee on Ways and Means, the members of
such Committee who are continuing to serve
as members of the Joint Committee may
designate a person who, immediately prior to
such expiration, was a member of such
Committee and who is reelected to the House
of Representatives, to serve until his
successor is chosen by such Committee.
(d) Allowances
The members shall serve without compensation in addition
to that received for their services as members of Congress;
but they shall be reimbursed for travel, subsistence, and
other necessary expenses incurred by them in the performance
of the duties vested in the Joint Committee, other than
expenses in connection with meetings of the Joint Committee
held in the District of Columbia during such times as the
Congress is in session. (Aug. 16, 1954, ch. 736, 68A Stat.
925.)
1390 Sec. 8003. Election of chairman and vice chairman.
The Joint Committee shall elect a chairman and vice
chairman from among its members. (Aug. 16, 1954, ch. 736,
68A Stat. 926.)
1391 Sec. 8004. Appointment and compensation of staff.
Except as otherwise provided by law, the Joint Committee
shall have power to appoint and fix the compensation of the
Chief of Staff of the Joint Committee and such experts and
clerical, stenographic, and other assistants as it deems
advisable. (Aug. 16, 1954, ch. 736, 68A Stat. 926; Oct. 4,
1976, Pub.L. 94-455, Sec. 1907(a)(2), 90 Stat. 1835.)
1392 Sec. 8005. Payment of expenses.
The expenses of the Joint Committee shall be paid one-
half from the contingent fund of the Senate and one-half
from the contingent fund of the House of Representatives,
upon vouchers signed by the chairman or the vice chairman.
(Aug. 16, 1954, ch. 736, 68A Stat. 926.)
Chapter 92.--POWERS AND DUTIES OF THE JOINT COMMITTEE
1393 Sec. 8021. Powers.
(a) To obtain data and inspect income returns
For powers of the Joint Committee to obtain and inspect
income returns, see section 6103(f).
(b) Relating to hearings and sessions
The Joint Committee, or any subcommittee thereof, is
authorized--
(1) To hold.--To hold hearings and to sit
and act at such places and times;
(2) To require attendance of witnesses and
production of books.--To require by subpoena (to
be issued under the signature of the chairman or
vice chairman) or otherwise the attendance of
such witnesses and the production of such books,
papers, and documents;
(3) To administer oaths.--To administer such
oaths; and
(4) To take testimony.--To take such
testimony;
as it deems advisable.
(c) To procure printing and binding
The Joint Committee, or any subcommittee thereof, is
authorized to have such printing and binding done as it
deems advisable.
(d) To make expenditures
The Joint Committee, or any subcommittee thereof, is
authorized to make such expenditures as it deems advisable.
(e) Investigations
The Joint Committee shall review all requests (other
than requests by the chairman or ranking member of a
committee or subcommittee) for investigations of the
Internal Revenue Service by the Government Accountability
Office, and approve such requests when appropriate, with a
view towards eliminating overlapping investigations,
ensuring that the Government Accountability Office has the
capacity to handle the investigation, and ensuring that
investigations focus on areas of primary importance to tax
administration.
(f) Relating to joint reviews
(1) In general.--The Chief of Staff, and the
staff of the Joint Committee, shall provide such
assistance as is required for joint reviews
described in paragraph (2).
(2) Joint reviews.--Before June 1 of each
calendar year after 1998 and before 2005, there
shall be a joint review of the strategic plans
and budget for the Internal Revenue Service and
such other matters as the Chairman of the Joint
Committee deems appropriate. Such joint review
shall be held at the call of the Chairman of the
Joint Committee and shall include two members of
the majority and one member of the minority from
each of the Committees on Finance,
Appropriations, and Governmental Affairs of the
Senate, and the Committees on Ways and Means,
Appropriations, and Government Reform and
Oversight of the House of Representatives. (Aug.
16, 1954, ch. 736, 68A Stat. 927; Oct. 4, 1976,
Pub.L. 94-455, Sec. 1907(a)(3), 90 Stat. 1835;
Nov. 10, 1988, Pub.L. 100-647, Sec. 1018(s)(1),
102 Stat. 3586; July 22, 1998, Pub.L. 105-206,
Sec. 4001(a), 112 Stat. 783; Oct. 4, 2004,
Pub.L. 108-311, Title III, Sec. 321(a), 118
Stat. 1182; Dec. 21, 2005, Pub.L. 109-135, Title
IV, Sec. 412(rr)(5), 119 Stat. 2640.)
1394 Sec. 8022. Duties.
It shall be the duty of the Joint Committee--
(1) Investigation--
(A) Operation and effects of law.--To
investigate the operation and effects of the
Federal system of internal revenue taxes;
(B) Administration.--To investigate the
administration of such taxes by the Internal
Revenue Service or any executive department,
establishment, or agency charged with their
administration; and
(C) Other investigations.--To make such
other investigations in respect of such
system of taxes as the Joint Committee may
deem necessary.
(2) Simplification of law--
(A) Investigation of methods.--To
investigate measures and methods for the
simplification of such taxes, particularly
the income tax; and
(B) Publication of proposals.--To
publish, from time to time, for public
examination and analysis, proposed measures
and methods for the simplification of such
taxes.
(3) Reports--
(A) To report, from time to time, to the
Committee on Finance and the Committee on
Ways and Means, and, in its discretion, to
the Senate or House of Representatives, or
both, the results of its investigations,
together with such recommendations as it may
deem advisable.
(B) Subject to amounts specifically
appropriated to carry out this subparagraph,
to report, at least once each Congress, to
the Committee on Finance and the Committee
on Ways and Means on the overall state of
the Federal tax system, together with
recommendations with respect to possible
simplification proposals and other matters
relating to the administration of the
Federal tax system as it may deem advisable.
(C) To report, for each calendar year
after 1998 and before 2005, to the
Committees on Finance, Appropriations, and
Governmental Affairs of the Senate, and to
the Committees on Ways and Means,
Appropriations, and Government Reform and
Oversight of the House of Representatives,
with respect to the matter addressed in the
joint review referred to in section
8021(f)(2).
(4) Cross reference--
For duties of the Joint Committee
relating to refunds of income and estate
taxes, see section 6405. (Aug. 16, 1954, ch.
736, 68A Stat. 927; July 22, 1998, Pub.L.
105-206, Sec. 4002(a), 112 Stat. 784; Oct.
4, 2004, Pub.L. 108-311, Title III,
Sec. 321(b), 118 Stat. 1182.)
1395 Sec. 8023. Additional powers to obtain data.
(a) Securing of data
The Joint Committee or the Chief of Staff of the Joint
Committee, upon approval of the Chairman or Vice Chairman,
is authorized to secure directly from the Internal Revenue
Service or the office of the Chief Counsel for the Internal
Revenue Service, or directly from any executive department,
board, bureau, agency, independent establishment, or
instrumentality of the Government, information, suggestions,
rulings, data, estimates, and statistics, for the purpose of
making investigations, reports, and studies relating to
internal revenue taxation. In the investigation by the Joint
Committee on Taxation of the administration of the internal
revenue taxes by the Internal Revenue Service, the Chief of
Staff of the Joint Committee on Taxation is authorized to
secure directly from the Internal Revenue Service such tax
returns, or copies of tax returns, and other relevant
information, as the Chief of Staff deems necessary for such
investigation, and the Internal Revenue Service is
authorized and directed to furnish such tax returns and
information to the Chief of Staff together with a brief
report, with respect to each return, as to any action taken
or proposed to be taken by the Service as a result of any
audit of the return.
(b) Furnishing of data
The Internal Revenue Service, the office of the Chief
Counsel for the Internal Revenue Service, executive
departments, boards, bureaus, agencies, independent
establishments, and instrumentalities are authorized and
directed to furnish such information, suggestions, rulings,
data, estimates, and statistics directly to the Joint
Committee or to the Chief of Staff of the Joint Committee,
upon request made pursuant to this section.
(c) Application of subsections (a) and (b)
Subsections (a) and (b) shall be applied in accordance
with their provisions without regard to any reorganization
plan becoming effective on, before, or after the date of the
enactment of this subsection. (Aug. 16, 1954, ch. 736, 68A
Stat. 928; Sept. 22, 1959, Pub.L. 86-368, Sec. 2(b), 73
Stat. 648; Oct. 4, 1976, Pub.L. 94-455, Sec. Sec. 1210(c),
1907(a)(4), 90 Stat. 1711, 1835.)
SUBTITLE H.--FINANCING OF PRESIDENTIAL ELECTION CAMPAIGNS
Chapter 95.--PRESIDENTIAL ELECTION CAMPAIGN FUND
* * * * * * *
1396 Sec. 9009. Reports to Congress; regulations.
(a) Reports
The Commission shall, as soon as practicable after each
presidential election, submit a full report to the Senate
and House of Representatives setting forth--
(1) the qualified campaign expenses (shown
in such detail as the Commission determines
necessary) incurred by the candidates of each
political party and their authorized committees;
(2) the amounts certified by it under
section 9005 for payment to the eligible
candidates for each political party;
(3) the amount of payments, if any, required
from such candidates under section 9007, and the
reasons for each payment required;
(4) the expenses incurred by the national
committee of a major party or minor party with
respect to a presidential nominating convention;
(5) the amounts certified by it under
section 9008(g) for payment to each such
committee; and
(6) the amount of payments, if any, required
from such committees under section 9008(h), and
the reasons for each such payment.
Each report submitted pursuant to this section shall be
printed as a Senate document.
(b) Regulations, etc.
The Commission is authorized to prescribe such rules and
regulations in accordance with the provisions of subsection
(c), to conduct such examinations and audits (in addition to
the examinations and audits required by section 9007(a)), to
conduct such investigations, and to require the keeping and
submission of such books, records, and information, as it
deems necessary to carry out the functions and duties
imposed on it by this chapter.
(c) Review of regulations
(1) The Commission, before prescribing any rule or
regulation under subsection (b), shall transmit a statement
with respect to such rule or regulation to the Senate and to
the House of Representatives, in accordance with the
provisions of this subsection. Such statement shall set
forth the proposed rule or regulation and shall contain a
detailed explanation and justification of such rule or
regulation.
(2) If either such House does not, through appropriate
action, disapprove the proposed rule or regulation set forth
in such statement no later than 30 legislative days after
receipt of such statement, then the Commission may prescribe
such rule or regulation. Whenever a committee of the House
of Representatives reports any resolution relating to any
such rule or regulation, it is at any time thereafter in
order (even though a previous motion to the same effect has
been disagreed to) to move to proceed to the consideration
of the resolution. The motion is highly privileged and is
not debatable. An amendment to the motion is not in order,
and it is not in order to move to reconsider the vote by
which the motion is agreed to or disagreed to. The
Commission may not prescribe any rule or regulation which is
disapproved by either such House under this paragraph.
(3) For purposes of this subsection, the term
``legislative days'' does not include any calendar day on
which both Houses of the Congress are not in session.
(4) For purposes of this subsection, the term ``rule or
regulation'' means a provision or series of interrelated
provisions stating a single separable rule of law. (Dec. 10,
1971, Pub.L. 92-178, Sec. 801, 85 Stat. 569; Oct. 15, 1974,
Pub.L. 93-443, Sec. Sec. 404(c)(12), (13), 406(b), 88 Stat.
1292, 1296; May 11, 1976, Pub.L. 94-283, Sec. 304(a), 90
Stat. 498.)
* * * * * * *
Chapter 96.--PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT
* * * * * * *
1397 Sec. 9039. Reports to Congress; regulations.
(a) Reports
The Commission shall, as soon as practicable after each
matching payment period, submit a full report to the Senate
and House of Representatives setting forth--
(1) the qualified campaign expenses (shown
in such detail as the Commission determines
necessary) incurred by the candidates of each
political party and their authorized committees,
(2) the amounts certified by it under
section 9036 for payment to each eligible
candidate, and
(3) the amount of payments, if any, required
from candidates under section 9038, and the
reasons for each payment required.
Each report submitted pursuant to this section shall be
printed as a Senate document.
(b) Regulations, etc.
The Commission is authorized to prescribe rules and
regulations in accordance with the provisions of subsection
(c), to conduct examinations and audits (in addition to the
examinations and audits required by section 9038(a)), to
conduct investigations, and to require the keeping and
submission of any books, records, and information, which it
determines to be necessary to carry out its responsibilities
under this chapter.
(c) Review of regulations
(1) The Commission, before prescribing any rule or
regulation under subsection (b), shall transmit a statement
with respect to such rule or regulation to the Senate and to
the House of Representatives, in accordance with the
provisions of this subsection. Such statement shall set
forth the proposed rule or regulation and shall contain a
detailed explanation and justification of such rule or
regulation.
(2) If either such House does not, through appropriate
action, disapprove the proposed rule or regulation set forth
in such statement no later than 30 legislative days after
receipt of such statement, then the Commission may prescribe
such rule or regulation. Whenever a committee of the House
of Representatives reports any resolution relating to any
such rule or regulation, it is at any time thereafter in
order (even though a previous motion to the same effect has
been disagreed to) to move to proceed to the consideration
of the resolution. The motion is highly privileged and is
not debatable. An amendment to the motion is not in order,
and it is not in order to move to reconsider the vote by
which the motion is agreed to or disagreed to. The
Commission may not prescribe any rule or regulation which is
disapproved by either such House under this paragraph.
(3) For purposes of this subsection, the term
``legislative days'' does not include any calendar day on
which both Houses of the Congress are not in session.
(4) For purposes of this subsection, the term ``rule or
regulation'' means a provision or series of interrelated
provisions stating a single separable rule of law. (Oct. 15,
1974, Pub.L. 93-443, Sec. 408(c), 88 Stat. 1301; May 11,
1976, Pub.L. 94-283, Sec. 304(b), 90 Stat. 499.)
* * * * * * *
SUBTITLE I.--TRUST FUND CODE
Chapter 98.--TRUST FUND CODE
* * * * * * *
Subchapter B.--General Provisions
* * * * * * *
1398 Sec. 9602. Management of Trust Funds.
(a) Report
It shall be the duty of the Secretary of the Treasury to
hold each Trust Fund established by subchapter A, and (after
consultation with any other trustees of the Trust Fund) to
report to the Congress each year on the financial condition
and the results of the operations of each such Trust Fund
during the preceding fiscal year and on its expected
condition and operations during the next 5 fiscal years.
Such report shall be printed as a House document of the
session of the Congress to which the report is made. (Dec.
29, 1981, Pub.L. 97-119, Sec. 103(a), 95 Stat. 1638.)
28 u.s.c.--judiciary and judicial procedure
general and permanent laws relating to the senate
TITLE 28.--JUDICIARY AND JUDICIAL PROCEDURE
Chapter 31.--THE ATTORNEY GENERAL
1425 Sec. 530D. Report on enforcement of laws.
(a) Report.--
(1) In general.--The Attorney General shall
submit to the Congress a report of any instance
in which the Attorney General or any officer of
the Department of Justice--
(A) establishes or implements a formal
or informal policy to refrain--
(i) from enforcing, applying, or
administering any provision of any
Federal statute, rule, regulation,
program, policy, or other law whose
enforcement, application, or
administration is within the
responsibility of the Attorney
General or such officer on the
grounds that such provision is
unconstitutional; or
(ii) within any judicial
jurisdiction of or within the United
States, from adhering to, enforcing,
applying, or complying with, any
standing rule of decision (binding
upon courts of, or inferior to those
of, that jurisdiction) established
by a final decision of any court of,
or superior to those of, that
jurisdiction, respecting the
interpretation, construction, or
application of the Constitution, any
statute, rule, regulation, program,
policy, or other law whose
enforcement, application, or
administration is within the
responsibility of the Attorney
General or such officer;
(B) determines--
(i) to contest affirmatively, in
any judicial, administrative, or
other proceeding, the
constitutionality of any provision
of any Federal statute, rule,
regulation, program, policy, or
other law; or
(ii) to refrain (on the grounds
that the provision is
unconstitutional) from defending or
asserting, in any judicial,
administrative, or other proceeding,
the constitutionality of any
provision of any Federal statute,
rule, regulation, program, policy,
or other law, or not to appeal or
request review of any judicial,
administrative, or other
determination adversely affecting
the constitutionality of any such
provision; or
(C) approves (other than in
circumstances in which a report is submitted
to the Joint Committee on Taxation, pursuant
to section 6405 of the Internal Revenue Code
of 1986) the settlement or compromise (other
than in bankruptcy) of any claim, suit, or
other action--
(i) against the United States
(including any agency or
instrumentality thereof) for a sum
that exceeds, or is likely to
exceed, $2,000,000, excluding
prejudgment interest; or
(ii) by the United States
(including any agency or
instrumentality thereof) pursuant to
an agreement, consent decree, or
order (or pursuant to any
modification of an agreement,
consent decree, or order) that
provides injunctive or other
nonmonetary relief that exceeds, or
is likely to exceed, 3 years in
duration: Provided, That for
purposes of this clause, the term
``injunctive or other nonmonetary
relief'' shall not be understood to
include the following, where the
same are a matter of public record--
(I) debarments, suspensions, or other exclusions from
Government contracts or grants;
(II) mere reporting requirements or agreements
(including sanctions for failure to report);
(III) requirements or agreements merely to comply with
statutes or regulations;
(IV) requirements or agreements to surrender
professional licenses or to cease the practice of
professions, occupations, or industries;
(V) any criminal sentence or any requirements or
agreements to perform community service, to serve probation,
or to participate in supervised release from detention,
confinement, or prison; or
(VI) agreements to cooperate with the government in
investigations or prosecutions (whether or not the agreement
is a matter of public record).
(2) Submission of report to the Congress.--
For the purposes of paragraph (1), a report
shall be considered to be submitted to the
Congress if the report is submitted to--
(A) the majority leader and minority
leader of the Senate;
(B) the Speaker, majority leader, and
minority leader of the House of
Representatives;
(C) the chairman and ranking minority
member of the Committee on the Judiciary of
the House of Representatives and the
chairman and ranking minority member of the
Committee on the Judiciary of the Senate;
and
(D) the Senate Legal Counsel and the
General Counsel of the House of
Representatives.
(b) Deadline.--A report shall be submitted--
(1) under subsection (a)(1)(A), not later
than 30 days after the establishment or
implementation of each policy;
(2) under subsection (a)(1)(B), within such
time as will reasonably enable the House of
Representatives and the Senate to take action,
separately or jointly, to intervene in timely
fashion in the proceeding, but in no event later
than 30 days after the making of each
determination; and
(3) under subsection (a)(1)(C), not later
than 30 days after the conclusion of each
fiscal-year quarter, with respect to all
approvals occurring in such quarter.
(c) Contents.--A report required by subsection (a) shall--
(1) specify the date of the establishment or
implementation of the policy described in
subsection (a)(1)(A), of the making of the
determination described in subsection (a)(1)(B),
or of each approval described in subsection
(a)(1)(C);
(2) include a complete and detailed
statement of the relevant issues and background
(including a complete and detailed statement of
the reasons for the policy or determination, and
the identity of the officer responsible for
establishing or implementing such policy, making
such determination, or approving such settlement
or compromise), except that--
(A) such details may be omitted as may
be absolutely necessary to prevent improper
disclosure of national-security- or
classified information, of any information
subject to the deliberative-process-,
executive-, attorney- work-product-, or
attorney-client privileges, or of any
information the disclosure of which is
prohibited by section 6103 of the Internal
Revenue Code of 1986, or other law or any
court order if the fact of each such
omission (and the precise ground or grounds
therefor) is clearly noted in the statement:
Provided, That this subparagraph shall not
be construed to deny to the Congress
(including any House, Committee, or agency
thereof) any such omitted details (or
related information) that it lawfully may
seek, subsequent to the submission of the
report; and--
(B) the requirements of this paragraph
shall be deemed satisfied--
(i) in the case of an approval
described in subsection
(a)(1)(C)(i), if an unredacted copy
of the entire settlement agreement
and consent decree or order (if any)
is provided, along with a statement
indicating the legal and factual
basis or bases for the settlement or
compromise (if not apparent on the
face of documents provided); and
(ii) in the case of an approval
described in subsection
(a)(1)(C)(ii), if an unredacted copy
of the entire settlement agreement
and consent decree or order (if any)
is provided, along with a statement
indicating the injunctive or other
nonmonetary relief (if not apparent
on the face of documents provided);
and
(3) in the case of a determination described
in subsection (a)(1)(B) or an approval described
in subsection (a)(1)(C), indicate the nature,
tribunal, identifying information, and status of
the proceeding, suit, or action.
(d) Declaration.--In the case of a determination described
in subsection (a)(1)(B), the representative of the
United States participating in the proceeding shall make
a clear declaration in the proceeding that any position
expressed as to the constitutionality of the provision
involved is the position of the executive branch of the
Federal Government (or, as applicable, of the President
or of any executive agency or military department).
(e) Applicability to the President and to executive agencies
and military departments.--The reporting, declaration,
and other provisions of this section relating to the
Attorney General and other officers of the Department of
Justice shall apply to the President (but only with
respect to the promulgation of any unclassified
Executive order or similar memorandum or order), to the
head of each executive agency or military department (as
defined, respectively, in sections 105 and 102 of title
5, United States Code) that establishes or implements a
policy described in subsection (a)(1)(A) or is
authorized to conduct litigation, and to the officers of
such executive agency. (Added Pub.L. 107-273, Div. A,
Title II, Sec. 202(a), Nov. 2, 2002, 116 Stat. 1771.)
Chapter 85.--DISTRICT COURTS, JURISDICTION
1426 Sec. 1365. Senate actions.
(a) The United States District Court for the District of
Columbia shall have original jurisdiction, without regard to
the amount in controversy, over any civil action brought by
the Senate or any authorized committee or subcommittee of
the Senate to enforce, to secure a declaratory judgment
concerning the validity of, or to prevent a threatened
refusal or failure to comply with, any subpoena or order
issued by the Senate or committee or subcommittee of the
Senate to any entity acting or purporting to act under color
or authority of State law or to any natural person to secure
the production of documents or other materials of any kind
or the answering of any deposition or interrogatory or to
secure testimony or any combination thereof. This section
shall not apply to an action to enforce, to secure a
declaratory judgment concerning the validity of, or to
prevent a threatened refusal to comply with, any subpoena or
order issued to an officer or employee of the executive
branch of the Federal Government acting within his or her
official capacity, except that this section shall apply if
the refusal to comply is based on the assertion of a
personal privilege or objection and is not based on a
governmental privilege or objection the assertion of which
has been authorized by the executive branch of the Federal
Government.
(b) Upon application by the Senate or any authorized
committee or subcommittee of the Senate, the district court
shall issue an order to an entity or person refusing, or
failing to comply with, or threatening to refuse or not to
comply with, a subpoena or order of the Senate or committee
or subcommittee of the Senate requiring such entity or
person to comply forthwith. Any refusal or failure to obey a
lawful order of the district court issued pursuant to this
section may be held by such court to be a contempt thereof.
A contempt proceeding shall be commenced by an order to show
cause before the court why the entity or person refusing or
failing to obey the court order should not be held in
contempt of court. Such contempt proceeding shall be tried
by the court and shall be summary in manner. The purpose of
sanctions imposed as a result of such contempt proceeding
shall be to compel obedience to the order of the court.
Process in any such action or contempt proceeding may be
served in any judicial district wherein the entity or party
refusing, or failing to comply, or threatening to refuse or
not to comply, resides, transacts business, or may be found,
and subpoenas for witnesses who are required to attend such
proceeding may run into any other district. Nothing in this
section shall confer upon such court jurisdiction to affect
by injunction or otherwise the issuance or effect of any
subpoena or order of the Senate or any committee or
subcommittee of the Senate or to review, modify, suspend,
terminate, or set aside any such subpoena or order. An
action, contempt proceeding, or sanction brought or imposed
pursuant to this section shall not abate upon adjournment
sine die by the Senate at the end of a Congress if the
Senate or the committee or subcommittee of the Senate which
issued the subpoena or order certifies to the court that it
maintains its interest in securing the documents, answers,
or testimony during such adjournment.
(c) Repealed (Pub.L. 98-620, Title IV, Sec. 402(29)(D),
Nov. 8, 1984, 98 Stat. 3359).
(d) The Senate or any committee or subcommittee of the
Senate commencing and prosecuting a civil action or contempt
proceeding under this section may be represented in such
action by such attorneys as the Senate may designate.
(e) A civil action commenced or prosecuted under this
section, may not be authorized pursuant to the Standing
Order of the Senate ``authorizing suits by Senate
Committees'' (S. Jour. 572, May 28, 1928).
(f) For the purposes of this section the term
``committee'' includes standing, select, or special
committees of the Senate established by law or resolution.
(Added Pub.L. 95-521, Title VII, Sec. 705(f)(1), Oct. 26,
1978, 92 Stat. 1879, Sec. 1364, and amended Pub.L. 98-620,
Title IV, Sec. 402(29)(D), Nov. 8, 1984, 98 Stat. 3359;
renumbered Sec. 1365, Pub.L. 99-336, Sec. 6(a)(1)(B), June
19, 1986, 100 Stat. 638; Pub.L. 104-292, Sec. 4, Oct. 11,
1996, 110 Stat. 3460.)
Chapter 91.--UNITED STATES COURT OF FEDERAL CLAIMS
1427 Sec. 1492. Congressional reference cases.
Any bill, except a bill for a pension, may be referred
by either House of Congress to the chief judge of the United
States Court of Federal Claims for a report in conformity
with section 2509 of this title. (June 25, 1948, ch. 646, 62
Stat. 941; Oct. 15, 1966, Pub.L. 89-681, Sec. 1, 80 Stat.
958. April 2, 1982, Pub.L. 97-164, Title I, 133(b), 96 Stat.
40; Oct. 29, 1992, Pub.L. 102-572, Title IX, Sec. 902(a)(1),
106 Stat. 4516.)
Chapter 115.--EVIDENCE; DOCUMENTARY
1428 Sec. 1736. Congressional Journals.
Extracts from the Journals of the Senate and the House
of Representatives, and from the Executive Journal of the
Senate when the injunction of secrecy is removed, certified
by the Secretary of the Senate or the Clerk of the House of
Representatives shall be received in evidence with the same
effect as the originals would have. (June 25, 1948, ch. 646,
Sec. 1, 62 Stat. 947.)
Chapter 131.--RULES OF COURTS
1429 Sec. 2076. Repealed (Pub.L. 100-702, Sec. 401(c), 102 Stat.
4650).
Chapter 165.--UNITED STATES COURT OF FEDERAL CLAIMS
PROCEDURE
1430 Sec. 2509. Congressional reference cases.
(a) Whenever a bill, except a bill for a pension, is
referred by either House of Congress to the chief judge of
the United States Court of Federal Claims pursuant to
section 1492 of this title, the chief judge shall designate
a judge as hearing officer for the case and a panel of three
judges of the court to serve as a reviewing body. One member
of the review panel shall be designated as presiding officer
of the panel.
(b) Proceedings in a congressional reference case shall
be under rules and regulations prescribed for the purpose by
the chief judge who is hereby authorized and directed to
require the application of the pertinent rules of practice
of the Court of Federal Claims insofar as feasible. Each
hearing officer and each review panel shall have authority
to do and perform any acts which may be necessary or proper
for the efficient performance of their duties, including the
power of subpoena and the power to administer oaths and
affirmations. None of the rules, rulings, findings, or
conclusions authorized by this section shall be subject to
judicial review.
(c) The hearing officer to whom a congressional
reference case is assigned by the chief judge shall proceed
in accordance with the applicable rules to determine the
facts, including facts relating to delay or laches, facts
bearing upon the question whether the bar of any statute of
limitation should be removed, or facts claimed to excuse the
claimant for not having resorted to any established legal
remedy. He shall append to his findings of fact conclusions
sufficient to inform Congress whether the demand is a legal
or equitable claim or a gratuity, and the amount, if any,
legally or equitably due from the United States to the
claimant.
(d) The findings and conclusions of the hearing officer
shall be submitted by him, together with the record in the
case, to the review panel for review by it pursuant to such
rules as may be provided for the purpose, which shall
include provision for submitting the report of the hearing
officer to the parties for consideration, exception, and
argument before the panel. The panel, by majority vote,
shall adopt or modify the findings or the conclusions of the
hearing officer.
(e) The panel shall submit its report to the chief judge
for transmission to the appropriate House of Congress.
(f) Any act or failure to act or other conduct by a
party, a witness, or an attorney which would call for the
imposition of sanctions under the rules of practice of the
Court of Federal Claims shall be noted by the panel or the
hearing officer at the time of occurrence thereof and upon
failure of the delinquent or offending party, witness, or
attorney to make prompt compliance with the order of the
panel or the hearing officer a full statement of the
circumstances shall be incorporated in the report of the
panel.
(g) The Court of Federal Claims is hereby authorized and
directed, under such regulations as it may prescribe, to
provide the facilities and services of the office of the
clerk of the court for the filing, processing, hearing, and
dispatch of congressional reference cases and to include
within its annual appropriations the costs thereof and other
costs of administration, including (but without limitation
to the items herein listed) the salaries and traveling
expenses of the judges serving as hearing officers and panel
members, mailing and service of process, necessary physical
facilities, equipment, and supplies, and personnel
(including secretaries and law clerks). (Oct. 15, 1966,
Pub.L. 89-681, Sec. 2, 80 Stat. 958; April 2, 1982, Pub.L.
97-164, Title I, Sec. 139(h), 96 Stat. 42; Oct. 29, 1992,
Pub.L. 102-572, Title IX, Sec. 902(a), 106 Stat. 4516.)
31 u.s.c.--money and finance
general and permanent laws relating to the senate
TITLE 31.--MONEY AND FINANCE
Chapter 7.--GENERAL ACCOUNTING OFFICE
1450 Sec. 701. Definitions.
In this chapter--
(1) ``agency'' includes the District of
Columbia government but does not include the
legislative branch or the Supreme Court.
(2) ``appropriations'' means appropriated
amounts and includes, in appropriate context--
(A) funds;
(B) authority to make obligations by
contract before appropriations; and
(C) other authority making amounts
available for obligation or expenditure.
(Pub.L. 97-258, Sept. 13, 1982, 96 Stat.
887.)
1451 Sec. 712. Investigating the use of public money.
The Comptroller General shall--
(1) investigate all matters related to the
receipt, disbursement, and use of public money;
(2) estimate the cost to the United States
Government of complying with each restriction on
expenditures of a specific appropriation in a
general appropriation law and report each
estimate to Congress with recommendations the
Comptroller General considers desirable;
(3) analyze expenditures of each executive
agency the Comptroller General believes will
help Congress decide whether public money has
been used and expended economically and
efficiently;
(4) make an investigation and report ordered
by either House of Congress or a committee of
Congress having jurisdiction over revenue,
appropriations, or expenditures; and
(5) give a committee of Congress having
jurisdiction over revenue, appropriations, or
expenditures, the help and information the
committee requests. (Pub.L. 97-258, Sept. 13,
1982, 96 Stat. 889.)
1452 Sec. 717. Evaluating programs and activities of the United
States Government.
(a) In this section, ``agency'' means a department,
agency, or instrumentality of the United States Government
(except a mixed-ownership Government corporation) or the
District of Columbia government.
(b) The Comptroller General shall evaluate the results
of a program or activity the Government carries out under
existing law--
(1) on the initiative of the Comptroller
General;
(2) when either House of Congress orders an
evaluation; or
(3) when a committee of Congress with
jurisdiction over the program or activity
requests the evaluation.
(c) The Comptroller General shall develop and recommend
to Congress ways to evaluate a program or activity the
Government carries out under existing law.
(d)(1) On request of a committee of Congress, the
Comptroller General shall help the committee to--
(A) develop a statement of legislative goals
and ways to assess and report program
performance related to the goals, including
recommended ways to assess performance,
information to be reported, responsibility for
reporting, frequency of reports, and feasibility
of pilot testing; and
(B) assess program evaluations prepared by
and for an agency.
(2) On request of a member of Congress, the Comptroller
General shall give the member a copy of the material the
Comptroller General compiles in carrying out this subsection
that has been released by the committee for which the
material was compiled. (Pub.L. 97-258, Sept. 13, 1982, 96
Stat. 893.)
1453 Sec. 718. Availability of draft reports.
(a) A draft report of an audit under section 714 of this
title shall be submitted to the Financial Institutions
Examination Council, the Federal Reserve Board, the Federal
Deposit Insurance Corporation, or the Office of the
Comptroller of the Currency for comment for 30 days.
(b)(1) The Comptroller General may submit a part of a
draft report to an agency for comment for more than 30 days
only if the Comptroller General decides, after a showing by
the agency, that a longer period is necessary and likely to
result in a more accurate report. The report may not be
delayed because the agency does not comment within the
comment period.
(2) When a draft report is submitted to an agency for
comment, the Comptroller General shall make the draft report
available on request to--
(A) either House of Congress, a committee of
Congress, or a member of Congress if the report
was begun because of a request of the House,
committee, or member; or
(B) the Committee on Governmental Affairs of
the Senate and the Committee on Government
Operations of the House of Representatives if
the report was not begun because of a request of
either House of Congress, a committee of
Congress, or a member of Congress.
(3) This subsection is subject to statutory and
executive order guidelines for handling and storing
classified information and material.
(c) A final report of the Comptroller General shall
include--
(1) a statement of significant changes of a
finding, conclusion, or recommendation in an
earlier draft report because of comments on the
draft by an agency;
(2) a statement of the reasons the changes
were made; and
(3) for a draft report submitted under
subsection (a) of this section, written comments
of the agency submitted during the comment
period. (Pub.L. 97-258, Sept. 13, 1982, 96 Stat.
894.)
1454 Sec. 719. Comptroller General reports.
(a) At the beginning of each regular session of
Congress, the Comptroller General shall report to Congress
(and to the President when requested by the President) on
the work of the Comptroller General. A report shall include
recommendations on--
(1) legislation the Comptroller General
considers necessary to make easier the prompt
and accurate making and settlement of accounts;
and
(2) other matters related to the receipt,
disbursement, and use of public money the
Comptroller General considers advisable.
(b)(1) The Comptroller General shall include in the
report to Congress under subsection (a) of this section--
(A) a review of activities under sections
717(b)-(d) and 731(e)(2) of this title,
including recommendations under section 717(c)
of this title;
(B) information on carrying out duties and
powers of the Comptroller General under clauses
(A) and (C) of this paragraph, subsections (g)
and (h) of this section, and sections 717,
731(e)(2), 734, 1112, and 1113 of this title;
and
(C) the name of each officer and employee of
the Government Accountability Office assigned or
detailed to a committee of Congress, the
committee to which the officer or employee is
assigned or detailed, the length of the period
of assignment or detail, a statement on whether
the assignment or detail is finished or
continuing, and compensation paid out of
appropriations available to the Comptroller
General for the period of the assignment or
detail that has been completed.
(2) In a report under subsection (a) of this section or
in a special report to Congress when Congress is in session,
the Comptroller General shall include recommendations on
greater economy and efficiency in public expenditures.
(3) The report under subsection (a) shall also include a
statement of the staff hours and estimated cost of work
performed on audits, evaluations, investigations, and
related work during each of the three fiscal years preceding
the fiscal year in which the report is submitted, stated
separately for each division of the Government
Accountability Office by category as follows:
(A) A category for work requested by the
chairman of a committee of Congress, the
chairman of a subcommittee of such a committee,
or any other Member of Congress.
(B) A category for work required by law to
be performed by the Comptroller General.
(C) A category for work initiated by the
Comptroller General in the performance of the
Comptroller General's general responsibilities.
(c) The Comptroller General shall report to Congress--
(1) specially on expenditures and contracts
an agency makes in violation of law;
(2) on the adequacy and effectiveness of--
(A) administrative audits of accounts
and claims in an agency; and
(B) inspections by an agency of offices
and accounts of fiscal officials; and
(3) as frequently as practicable on audits
carried out under sections 713 and 714 of this
title.
(d) The Comptroller General shall report on analyses
carried out under section 712(3) of this title to the
Committees on Governmental Affairs and Appropriations of the
Senate, the Committees on Government Operations and
Appropriations of the House, and the committees with
jurisdiction over legislation related to the operation of
each executive agency.
(e) The Comptroller General shall give the President
information on expenditures and accounting the President
requests.
(f) When the Comptroller General submits a report to
Congress, the Comptroller General shall deliver copies of
the report to--
(1) the Committees on Governmental Affairs
and Appropriations of the Senate;
(2) the Committees on Government Operations
and Appropriations of the House;
(3) a committee of Congress that requested
information on any part of a program or activity
of a department, agency, or instrumentality of
the United States Government (except a mixed-
ownership Government corporation) or the
District of Columbia government that is the
subject of any part of a report; and
(4) any other committee of Congress
requesting a copy.
(g)(1) The Comptroller General shall prepare--
(A) each month a list of reports issued
during the prior month; and
(B) at least once each year a list of
reports issued during the prior 12 months.
(2) A copy of each list shall be sent to each committee
of Congress and each member of Congress. On request, the
Comptroller General promptly shall provide a copy of a
report to a committee or member.
(h) On request of a committee of Congress, the
Comptroller General shall explain to and discuss with the
committee or committee staff a report the Comptroller
General makes that would help the committee--
(1) evaluate a program or activity of an
agency within the jurisdiction of the committee;
or
(2) in its consideration of proposed
legislation.
[(i) Redesignated (h)]
(As amended Pub.L. 104-316, Title I, Sec. 115(b), Oct. 19,
1996, 110 Stat. 3834; Pub.L. 105-85, Div. A, Title X,
Sec. 1044, Nov. 18, 1997, 111 Stat. 1887; Pub.L. 108-271,
Sec. 8(b), July 7, 2004, 118 Stat. 814.)
1455 Sec. 720. Agency reports.
(a) In this section, ``agency'' means a department,
agency, or instrumentality of the United States Government
(except a mixed-ownership Government corporation) or the
District of Columbia government.
(b) When the Comptroller General makes a report that
includes a recommendation to the head of an agency, the head
of the agency shall submit a written statement on action
taken on the recommendation by the head of the agency. The
statement shall be submitted to--
(1) The Committee on Governmental Affairs of
the Senate and the Committee on Government
Operations of the House of Representatives
before the 61st day after the date of the
report; and
(2) The Committees on Appropriations of both
Houses of Congress in the first request for
appropriations submitted more than 60 days after
the date of the report. (Pub.L. 97-258, Sept.
13, 1982, 96 Stat. 896.)
1456 Sec. 734. Assignments and details to Congress.
The Comptroller General may assign or detail an officer
or employee of the Government Accountability Office to full-
time continuous duty with a committee of Congress for not
more than one year. (Pub.L. 97-258, Sept. 13, 1982, 96 Stat.
899; Pub.L. 98-367, Title I, Sec. 8, July 17, 1984, 98 Stat.
475; Pub.L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat.
814.)
Chapter 11.--THE BUDGET AND FISCAL, BUDGET, AND PROGRAM
INFORMATION
1457 Sec. 1101. Definitions.
In this chapter--
(1) ``agency'' includes the District of
Columbia government but does not include the
legislative branch or the Supreme Court.
(2) ``appropriations'' means appropriated
amounts and includes, in appropriate context--
(A) funds;
(B) authority to make obligations by
contract before appropriations; and
(C) other authority making amounts
available for obligation or expenditure.
(Pub.L. 97-258, Sept. 13, 1982, 96 Stat.
907.)
1458 Sec. 1102. Fiscal year.
The fiscal year of the Treasury begins on October 1 of
each year and ends on September 30 of the following year.
Accounts of receipts and expenditures required under law to
be published each year shall be published for the fiscal
year. (Pub.L. 97-258, Sept. 13, 1982, 96 Stat. 908.)
1459 Sec. 1103. Budget ceiling.
Congress reaffirms its commitment that budget outlays of
the United States Government for a fiscal year may be not
more than the receipts of the Government for that year.
(Pub.L. 97-258, Sept. 13, 1982, 96 Stat. 908.)
1460 Sec. 1104. Budget and appropriations authority of the
President.
(a) The President shall prepare budgets of the United
States Government under section 1105 of this title and
proposed deficiency and supplemental appropriations under
section 1107 of this title. To the extent practicable, the
President shall use uniform terms in stating the purposes
and conditions of appropriations.
(b) Except as provided in this chapter, the President
shall prescribe the contents and order of statements in the
budget on expenditures and estimated expenditures and
statements on proposed appropriations and information
submitted with the budget and proposed appropriations. The
President shall include with the budget and proposed
appropriations information on personnel and other objects of
expenditure in the way that information was included in the
budget for fiscal year 1950. However, the requirement that
information be included in the budget in that way may be
waived or changed by joint action of the Committees on
Appropriations of both Houses of Congress. This subsection
does not limit the authority of a committee of Congress to
request information in a form it prescribes.
(c) When the President makes a basic change in the form
of the budget, the President shall submit with the budget
information showing where items in the budget for the prior
fiscal year are contained in the present budget. However,
the President may change the functional categories in the
budget only in consultation with the Committees on
Appropriations and on the Budget of both Houses of Congress.
Committees of the House of Representatives and Senate shall
receive prompt notification of all such changes.
(d) The President shall develop programs and prescribe
regulations to improve the compilation, analysis,
publication, and dissemination of statistical information by
executive agencies. The President shall carry out this
subsection through the Administrator for the Office of
Information and Regulatory Affairs in the Office of
Management and Budget.
(e) Under regulations prescribed by the President, each
agency shall provide information required by the President
in carrying out this chapter. The President has access to,
and may inspect, records of an agency to obtain information.
(Pub.L. 97-258, Sept. 13, 1982, 96 Stat. 908; Pub.L. 99-177,
Dec. 12, 1985, 99 Stat. 1060.)
1461 Sec. 1105. Budget contents and submission to Congress.
(a) On or after the first Monday in January but not
later than the first Monday in February of each year, the
President shall submit a budget of the United States
Government for the following fiscal year. Each budget shall
include a budget message and summary and supporting
information. The President shall include in each budget the
following:
(1) information on activities and functions
of the Government.
(2) when practicable, information on costs
and achievements of Government programs.
(3) other desirable classifications of
information.
(4) a reconciliation of the summary
information on expenditures with proposed
appropriations.
(5) except as provided in subsection (b) of
this section, estimated expenditures and
proposed appropriations the President decides
are necessary to support the Government in the
fiscal year for which the budget is submitted
and the 4 fiscal years after that year.
(6) estimated receipts of the Government in
the fiscal year for which the budget is
submitted and the 4 fiscal years after that year
under--
(A) laws in effect when the budget is
submitted; and
(B) proposals in the budget to increase
revenues.
(7) appropriations, expenditures, and
receipts of the Government in the prior fiscal
year.
(8) estimated expenditures and receipts, and
appropriations and proposed appropriations, of
the Government for the current fiscal year.
(9) balanced statements of the--
(A) condition of the Treasury at the end
of the prior fiscal year;
(B) estimated condition of the Treasury
at the end of the current fiscal year; and
(C) estimated condition of the Treasury
at the end of the fiscal year for which the
budget is submitted if financial proposals
in the budget are adopted.
(10) essential information about the debt of
the Government.
(11) other financial information the
President decides is desirable to explain in
practicable detail the financial condition of
the Government.
(12) for each proposal in the budget for
legislation that would establish or expand a
Government activity or function, a table
showing--
(A) the amount proposed in the budget
for appropriation and for expenditure
because of the proposal in the fiscal year
for which the budget is submitted; and
(B) the estimated appropriation required
because of the proposal for each of the 4
fiscal years after that year that the
proposal will be in effect.
(13) an allowance for additional estimated
expenditures and proposed appropriations for the
fiscal year for which the budget is submitted.
(14) an allowance for unanticipated
uncontrollable expenditures for that year.
(15) a separate statement on each of the
items referred to in section 301(a)(1)-(5) of
the Congressional Budget Act of 1974 (2 U.S.C.
632(a)(1)-(5)).
(16) the level of tax expenditures under
existing law in the tax expenditures budget (as
defined in section 3(a)(3) of the Congressional
Budget Act of 1974 (2 U.S.C. 622(a)(3)) for the
fiscal year for which the budget is submitted,
considering projected economic factors and
changes in the existing levels based on
proposals in the budget.
(17) information on estimates of
appropriations for the fiscal year following the
fiscal year for which the budget is submitted
for grants, contracts, and other payments under
each program for which there is an authorization
of appropriations for that following fiscal year
when the appropriations are authorized to be
included in an appropriation law for the fiscal
year before the fiscal year in which the
appropriation is to be available for obligation.
(18) a comparison of the total amount of
budget outlays for the prior fiscal year,
estimated in the budget submitted for that year,
for each major program having relatively
uncontrollable outlays with the total amount of
outlays for that program in that year.
(19) a comparison of the total amount of
receipts for the prior fiscal year, estimated in
the budget submitted for that year, with
receipts received in that year, and for each
major source of receipts, a comparison of the
amount of receipts estimated in that budget with
the amount of receipts from that source in that
year.
(20) an analysis and explanation of the
differences between each amount compared under
clauses (18) and (19) of this subsection.
(21) a horizontal budget showing--
(A) the programs for meteorology and of
the National Climate Program established
under section 5 of the National Climate
Program Act (15 U.S.C. 2904);
(B) specific aspects of the program of,
and appropriations for, each agency; and
(C) estimated goals and financial
requirements.
(22) a statement of budget authority,
proposed budget authority, budget outlays, and
proposed budget outlays, and descriptive
information in terms of--
(A) a detailed structure of national
needs that refers to the missions and
programs of agencies (as defined in section
101 of this title); and
(B) the missions and basic programs.
(23) separate appropriation accounts for
appropriations under the Occupational Safety and
Health Act of 1970 (29 U.S.C. 651 et seq.) and
the Federal Mine Safety and Health Act of 1977
(30 U.S.C. 801 et seq.).
(24) recommendations on the return of
Government capital to the Treasury by a mixed-
ownership corporation (as defined in section
9101(2) of this title) that the President
decides are desirable.
(25) a separate appropriation account for
appropriations for each Office of Inspector
General of an establishment defined under
section 11(2) of the Inspector General Act of
1978.
(26) a separate statement of the amount of
appropriations requested for the Office of
National Drug Control Policy and each program of
the National Drug Control Program.
(27) a separate statement of the amount of
appropriations requested for the Office of
Federal Financial Management.
(28) beginning with fiscal year 1999, a
Federal Government performance plan for the
overall budget as provided for under section
1115.
(29) information about the Violent Crime
Reduction Trust Fund, including a separate
statement of amounts in that Trust Fund.
(30) an analysis displaying, by agency,
proposed reductions in full-time equivalent
positions compared to the current year's level
in order to comply with section 5 of the Federal
Workforce Restructuring Act of 1994.
(31) a separate statement of the amount of
appropriations requested for the Chief Financial
Officer in the Executive Office of the
President.
(32) a statement of the levels of budget
authority and outlays for each program assumed
to be extended in the baseline as provided in
section 257(b)(2)(A) and for excise taxes
assumed to be extended under section
257(b)(2)(C) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
(33) a separate appropriation account for
appropriations for the Inspectors General
Criminal Investigator Academy and the Inspectors
General Forensic Laboratory of the Department of
the Treasury.
(33)(A)(i) a detailed, separate analysis, by
budget function, by agency, and by initiative
area (as determined by the administration) for
the prior fiscal year, the current fiscal year,
the fiscal years for which the budget is
submitted, and the ensuing fiscal year
identifying the amounts of gross and net
appropriations or obligational authority and
outlays that contribute to homeland security,
with separate displays for mandatory and
discretionary amounts, including--
(I) summaries of the total amount of
such appropriations or new obligational
authority and outlays requested for homeland
security;
(II) an estimate of the current service
levels of homeland security spending;
(III) the most recent risk assessment
and summary of homeland security needs in
each initiative area (as determined by the
administration); and
(IV) an estimate of user fees collected
by the Federal Government on behalf of
homeland security activities;
(ii) with respect to subclauses (I) through
(IV) of clause (i), amounts shall be provided by
account for each program, project and activity;
and
(iii) an estimate of expenditures for
homeland security activities by State and local
governments and the private sector for the prior
fiscal year and the current fiscal year.
(B) In this paragraph, consistent with the
Office of Management and Budget's June 2002
``Annual Report to Congress on Combatting
Terrorism'', the term ``homeland security''
refers to those activities that detect, deter,
protect against, and response to terrorist
attacks occurring within the United States and
its territories.
(C) In implementing this paragraph,
including determining what Federal activities or
accounts constitute homeland security for
purposes of budgetary classification, the Office
of Management and Budget is directed to consult
periodically, but at least annually, with the
House and Senate Budget Committees, the House
and Senate Appropriations Committees, and the
Congressional Budget Office.
(34) with respect to the amount of
appropriations requested for use by the Export-
Import Bank of the United States, a separate
statement of the amount requested for its
program budget, the amount requested for its
administrative expenses, and of the amount
requested for its administrative expenses, the
amount requested for technology expenses.
(b) Estimated expenditures and proposed appropriations
for the legislative branch and the judicial branch to be
included in each budget under subsection (a)(5) of this
section shall be submitted to the President before October
16 of each year and included in the budget by the President
without change.
(c) The President shall recommend in the budget
appropriate action to meet an estimated deficiency when the
estimated receipts for the fiscal year for which the budget
is submitted (under laws in effect when the budget is
submitted) and the estimated amounts in the Treasury at the
end of the current fiscal year available for expenditure in
the fiscal year for which the budget is submitted, are less
than the estimated expenditures for that year. The President
shall make recommendations required by the public interest
when the estimated receipts and estimated amounts in the
Treasury are more than the estimated expenditures.
(d) When the President submits a budget or supporting
information about a budget, the President shall include a
statement on all changes about the current fiscal year that
were made before the budget or information was submitted.
(e)(1) The President shall submit with materials related
to each budget transmitted under subsection (a) on or after
January 1, 1985, an analysis for the ensuing fiscal year
that shall identify requested appropriations or new
obligational authority and outlays for each major program
that may be classified as a public civilian capital
investment program and for each major program that may be
classified as a military capital investment program, and
shall contain summaries of the total amount of such
appropriations or new obligational authority and outlays for
public civilian capital investment programs and summaries of
the total amount of such appropriations or new obligational
authority and outlays for military capital investment
programs. In addition, the analysis under this paragraph
shall contain--
(A) an estimate of the current service
levels of public civilian capital investment and
of military capital investment and alternative
high and low levels of such investments over a
period of ten years in current dollars and over
a period of five years in constant dollars;
(B) the most recent assessment analysis and
summary, in a standard format, of public
civilian capital investment needs in each major
program area over a period of ten years;
(C) an identification and analysis of the
principal policy issues that affect estimated
public civilian capital investment needs for
each major program; and
(D) an identification and analysis of
factors that affect estimated public civilian
capital investment needs for each major program,
including but not limited to the following
factors:
(i) economic assumptions;
(ii) engineering standards;
(iii) estimates of spending for
operation and maintenance;
(iv) estimates of expenditures for
similar investments by State and local
governments; and
(v) estimates of demand for public
services derived from such capital
investments and estimates of the service
capacity of such investments.
To the extent that any analysis required by this
paragraph relates to any program for which Federal
financial assistance is distributed under a formula
prescribed by law, such analysis shall be organized
by State and within each State by major metropolitan
area if data are available.
(2) For purposes of this subsection, any appropriation,
new obligational authority, or outlay shall be classified as
a public civilian capital investment to the extent that such
appropriation, authority, or outlay will be used for the
construction, acquisition, or rehabilitation of any physical
asset that is capable of being used to produce services or
other benefits for a number of years and is not classified
as a military capital investment under paragraph (3). Such
assets shall include (but not be limited to)--
(A) roadways or bridges,
(B) airports or airway facilities,
(C) mass transportation systems,
(D) wastewater treatment or related
facilities,
(E) water resources projects,
(F) hospitals,
(G) resource recovery facilities,
(H) public buildings,
(I) space or communications facilities,
(J) railroads, and
(K) federally assisted housing.
(3) For purposes of this subsection, any appropriation,
new obligational authority, or outlay shall be classified as
a military capital investment to the extent that such
appropriation, authority, or outlay will be used for the
construction, acquisition, or rehabilitation of any physical
asset that is capable of being used to produce services or
other benefits for purposes of national defense and security
for a number of years. Such assets shall include military
bases, posts, installations, and facilities.
(4) Criteria and guidelines for use in the
identification of public civilian and military capital
investments, for distinguishing between public civilian and
military capital investments, and for distinguishing between
major and nonmajor capital investment programs shall be
issued by the Director of the Office of Management and
Budget after consultation with the Comptroller General and
the Congressional Budget Office. The analysis submitted
under the subsection shall be accompanied by an explanation
of such criteria and guidelines.
(5) For purposes of this subsection--
(A) the term ``construction'' includes the
design, planning, and erection of new structures
and facilities, the expansion of existing
structures and facilities, the reconstruction of
a project at an existing site or adjacent to an
existing site, and the installation of initial
and replacement equipment for such structures
and facilities;
(B) the term ``acquisition'' includes the
addition of land, sites, equipment, structures,
facilities, or rolling stock by purchase, lease-
purchase, trade, or donation; and
(C) the term ``rehabilitation'' includes the
alteration of or correction of deficiencies in
an existing structure or facility so as to
extend the useful life or improve the
effectiveness of the structure or facility, the
modernization or replacement of equipment at an
existing structure or facility, and the
modernization of, or replacement of parts for,
rolling stock.
(f)\1\ The budget transmitted pursuant to subsection (a)
for a fiscal year shall be prepared in a manner consistent
with the requirements of the Balanced Budget and Emergency
Deficit Control Act of 1985 that apply to that and
subsequent fiscal years.
\1\Subsection (f) expired on September 30, 2002,
pursuant to section 275(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900
note).
(g)(1) The Director of the Office of Management and
Budget shall establish the funding for advisory and
assistance services for each department and agency as a
separate object class in each budget annually submitted to
the Congress under this section.
(2)(A) In paragraph (1), except as provided in
subparagraph (B), the term ``advisory and assistance
services'' means the following services when provided by
nongovernmental sources:
(i) Management and professional support
services.
(ii) Studies, analyses, and evaluations.
(iii) Engineering and technical services.
(B) In paragraph (1), the term ``advisory and assistance
services'' does not include the following services:
(i) Routine automated data processing and
telecommunications services unless such services
are an integral part of a contract for the
procurement of advisory and assistance services.
(ii) Architectural and engineering services,
as defined in section 1102 of Title 40.
(iii) Research on basic mathematics or
medical, biological, physical, social,
psychological, or other phenomena.
(h)(1) If there is a medicare funding warning under
section 801(a)(2) of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 made in a year,
the President shall submit to Congress, within the 15-day
period beginning on the date of the budget submission to
Congress under subsection (a) for the succeeding year,
proposed legislation to respond to such warning.
(2) Paragraph (1) does not apply if, during the year in
which the warning is made, legislation is enacted which
eliminates excess general revenue medicare funding (as
defined in section 801(c) of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003) for the 7-
fiscal-year reporting period, as certified by the Board of
Trustees of each medicare trust fund (as defined in section
801(c)(5) of such Act) not later than 30 days after the date
of the enactment of such legislation.
(As amended Pub.L. 98-501, Title II, Sec. 203, Oct. 19,
1984, 98 Stat. 2324; Pub.L. 99-177, Title II, Sec. 241, Dec.
12, 1985, 99 Stat. 1063; Pub.L. 100-119, Title I,
Sec. 106(f), Sept. 29, 1987, 101 Stat. 781; Pub.L. 100-418,
Title V, Sec. 5301, Aug. 23, 1988, 102 Stat. 1462; Pub.L.
100-504, Title I, Sec. 108, Oct. 18, 1988, 102 Stat. 2529;
Pub.L. 100-690, Title I, Sec. Sec. 1006, 1009, Nov. 18,
1988, 102 Stat. 4187, 4188; Pub.L. 101-508, Title XIII,
Sec. 13112(c), Nov. 5, 1990, 104 Stat. 1388-608; Pub.L. 101-
576, Title II, Sec. 203(b), Nov. 15, 1990, 104 Stat. 2841;
Pub.L. 103-62, Sec. 4(a), Aug. 3, 1993, 107 Stat. 286;
Pub.L. 103-272, Sec. 4(f)(1)(E), July 5, 1994, 108 Stat.
1362; Pub.L. 103-322, Title IX, Sec. 90208(a), Title XXXI,
Sec. 310001(e), Sept. 13, 1994, 108 Stat. 1995, 2103; Pub.L.
103-355, Title II, Sec. 2454(a), Oct. 13, 1994, 108 Stat.
3326; Pub.L. 104-287, Sec. 4(l), Oct. 11, 1996, 110 Stat.
3388; Pub.L. 105-33, Title X, Sec. 10209(b), Aug. 5, 1997,
111 Stat. 711; Pub.L. 105-277, Div. C, Title VII,
Sec. 713(c), Oct. 21, 1998, 112 Stat. 2681-693; Pub.L. 106-
58, Title VI, Sec. 638(f), Sept. 29, 1999, 113 Stat. 475;
Pub.L. 106-422, Sec. 2(c), Nov. 1, 2000, 114 Stat. 1874;
Pub.L. 107-189, Sec. 4(a), June 14, 2002, 116 Stat. 699;
Pub.L. 107-217, Sec. 3(h)(3), Aug. 21, 2002, 116 Stat. 1299;
Pub.L. 107-296, Title VIII, Sec. 889(a), Nov. 25, 2002, 116
Stat. 2250; Pub.L. 108-173, Sec. 802(a), Dec. 8, 2003, 117
Stat. 2360; Pub.L. 108-178, Sec. 4(f)(i), Dec. 15, 2003, 117
Stat. 2641.)
1462 Sec. 1106. Supplemental budget estimates and changes.
(a) Before July 16 of each year, the President shall
submit to Congress a supplemental summary of the budget for
the fiscal year for which the budget is submitted under
section 1105(a) of this title. The summary shall include--
(1) for that fiscal year--
(A) substantial changes in or
reappraisals of estimates of expenditures
and receipts;
(B) substantial obligations imposed on
the budget after its submission;
(C) current information on matters
referred to in section 1105(a) (8) and (9)
(B) and (C) of this title; and
(D) additional information the President
decides is advisable to provide Congress
with complete and current information about
the budget and current estimates of the
functions, obligations, requirements, and
financial condition of the United States
Government.
(2) for the 4 fiscal years following the
fiscal year for which the budget is submitted,
information on estimated expenditures for
programs authorized to continue in future years,
or that are considered mandatory, under law; and
(3) for future fiscal years, information on
estimated expenditures of balances carried over
from the fiscal year for which the budget is
submitted.
(b) Before July 16 of each year, the President shall
submit to Congress a statement of changes in budget
authority requested, estimated budget outlays, and estimated
receipts for the fiscal year for which the budget is
submitted (including prior changes proposed for the
executive branch of the Government) that the President
decides are necessary and appropriate based on current
information. The statement shall include the effect of those
changes on the information submitted under section
1105(a)(1)-(14) and (b) of this title and shall include
supporting information as practicable. The statement
submitted before July 16 may be included in the information
submitted under subsection (a)(1) of this section.
(c) Expired. (Pub.L. 97-258, Sept. 13, 1982, 96 Stat.
911; Pub.L. 99-77, Title II, Sec. 242, Dec. 12, 1985, 99
Stat. 1063.)
1463 Sec. 1107. Deficiency and supplemental appropriations.
The President may submit to Congress proposed deficiency
and supplemental appropriations the President decides are
necessary because of laws enacted after the submission of
the budget or that are in the public interest. The President
shall include the reasons for the submission of the proposed
appropriations and the reasons the proposed appropriations
were not included in the budget. When the total proposed
appropriations would have required the President to make a
recommendation under section 1105(c) of this title if they
had been included in the budget, the President shall make a
recommendation under that section. (Pub.L. 97-258, Sept. 13,
1982, 96 Stat. 911.)
1464 Sec. 1108. Preparation and submission of appropriations
requests to the President.
(a) In this section (except subsections (b)(1) and (e)),
``agency'' means a department, agency, or instrumentality of
the United States Government.
(b)(1) The head of each agency shall prepare and submit
to the President each appropriation request for the agency.
The request shall be prepared and submitted in the form
prescribed by the President under this chapter and by the
date established by the President. When the head of an
agency does not submit a request by that date, the President
shall prepare the request for the agency to be included in
the budget or changes in the budget or as deficiency and
supplemental appropriations. The President may change agency
appropriation requests. Agency appropriation requests shall
be developed from cost-based budgets in the way and at times
prescribed by the President. The head of the agency shall
use the cost-based budget to administer the agency and to
divide appropriations or amounts.
(2) An officer or employee of an agency in the executive
branch may submit to the President or Congress a request for
legislation authorizing deficiency or supplemental
appropriations for the agency only with the approval of the
head of the agency.
(c) The head of an agency shall include with an
appropriation request submitted to the President a report
that the statement of obligations submitted with the request
contains obligations consistent with section 1501 of this
title. The head of the agency shall support the report with
a certification of the consistency and shall support the
certification with records showing that the amounts have
been obligated. The head of the agency shall designate
officials to make the certifications, and those officials
may not delegate the duty to make the certifications. The
certifications and records shall be kept in the agency--
(1) in a form that makes audits and
reconciliations easy; and
(2) for a period necessary to carry out
audits and reconciliations.
(d) To the extent practicable, the head of an agency
shall--
(1) provide information supporting the
agency's budget request for its missions by
function and subfunction (including the mission
of each organizational unit of the agency); and
(2) relate the agency's programs to its
missions.
(e) Except as provided in subsection (f) of this
section, an officer or employee of an agency (as defined in
section 1101 of this title) may submit to Congress or a
committee of Congress an appropriations estimate or request,
a request for an increase in that estimate or request, or a
recommendation on meeting the financial needs of the
Government only when requested by either House of Congress.
(f) The Interstate Commerce Commission shall submit to
Congress copies of budget estimates, requests, and
information (including personnel needs), legislative
recommendations, prepared testimony for congressional
hearings, and comments on legislation at the same time they
are sent to the President or the Office of Management and
Budget. An officer of an agency may not impose conditions on
or impair communication by the Commission with Congress, or
a committee or member of Congress, about the information.
(g) Amounts available under law are available for field
examinations of appropriation estimates. The use of the
amounts is subject only to regulations prescribed by the
appropriate standing committees of Congress. (Pub.L. 97-258,
Sept. 13, 1982, 96 Stat. 912.)
1465 Sec. 1109. Current programs and activities estimates.
(a) On or before the first Monday after January 3 of
each year (on or before February 5 in 1986), the President
shall submit to both Houses of Congress the estimated budget
outlays and proposed budget authority that would be included
in the budget for the following fiscal year if programs and
activities of the United States Government were carried on
during that year at the same level as the current fiscal
year without a change in policy. The President shall state
the estimated budget outlays and proposed budget authority
by function and subfunction under the classifications in the
budget summary table under the heading ``Budget Authority
and Outlays by Function and Agency'', by major programs in
each function, and by agency. The President shall also
include a statement of the economic and program assumptions
on which those budget outlays and budget authority are
based, including inflation, real economic growth, and
unemployment rates, program caseloads, and pay increases.
(b) The Joint Economic Committee shall review the
estimated budget outlays and proposed budget authority and
submit an economic evaluation of the budget outlays and
budget authority to the Committees on the Budget of both
Houses before March 1 of each year. (Pub.L. 97-258, Sept.
13, 1982, 96 Stat. 913; Pub.L. 99-177, Title II, Sec. 222,
Dec. 12, 1985, 99 Stat. 1060.)
1466 Sec. 1110. Year-ahead requests for authorizing legislation.
A request to enact legislation authorizing new budget
authority to continue a program or activity for a fiscal
year shall be submitted to Congress before May 16 of the
year before the year in which the fiscal year begins. If a
new program or activity will continue for more than one
year, the request must be submitted for at least the first
and second fiscal years. (Pub.L. 97-258, Sept. 13, 1982, 96
Stat. 913.)
1467 Sec. 1111. Improving economy and efficiency.
To improve economy and efficiency in the United States
Government, the President shall--
(1) make a study of each agency to decide,
and may send Congress recommendations, on
changes that should be made in--
(A) the organization, activities, and
business methods of agencies;
(B) agency appropriations;
(C) the assignment of particular
activities to particular services; and
(D) regrouping of services; and
(2) evaluate and develop improved plans for
the organization, coordination, and management
of the executive branch of the Government.
(Pub.L. 97-258, Sept. 13, 1982, 96 Stat. 913.)
1468 Sec. 1112. Fiscal, budget, and program information.
(a) In this section, ``agency'' means a department,
agency, or instrumentality of the United States Government
except a mixed/ownership Government corporation.
(b) In cooperation with the Comptroller General, the
Secretary of the Treasury and the Director of the Office of
Management and Budget shall establish and maintain standard
data processing and information systems for fiscal, budget,
and program information for use by agencies to meet the
needs of the Government, and to the extent practicable, of
State and local governments.
(c) The Comptroller General--
(1) in cooperation with the Secretary, the
Director of the Office of Management and Budget,
and the Director of the Congressional Budget
Office, shall establish, maintain, and publish
standard terms and classifications for fiscal,
budget, and program information of the
Government, including information on fiscal
policy, receipts, expenditures, programs,
projects, activities, and functions;
(2) when advisable, shall report to Congress
on those terms and classifications, and
recommend legislation necessary to promote the
establishment, maintenance, and use of standard
terms and classifications by the executive
branch of the Government; and
(3) in carrying out this subsection, shall
give particular consideration to the needs of
the Committees on Appropriations and on the
Budget of both Houses of Congress, the Committee
on Ways and Means of the House, the Committee on
Finance of the Senate, and the Congressional
Budget Office.
(d) Agencies shall use the standard terms and
classifications published under subsection (c)(1) of this
section in providing fiscal, budget, and program information
to Congress.
(e) In consultation with the President, the head of each
executive agency shall take actions necessary to achieve to
the extent possible--
(1) consistency in budget and accounting
classifications;
(2) synchronization between those
classifications and organizational structure;
and
(3) information by organizational unit on
performance and program costs to support budget
justifications.
(f) In cooperation with the Director of the
Congressional Budget Office, the Comptroller General, and
appropriate representatives of State and local governments,
the Director of the Office of Management and Budget (to the
extent practicable) shall provide State and local
governments with fiscal, budget, and program information
necessary for accurate and timely determination by those
governments of the impact on their budget of assistance of
the United States Government. (Pub.L. 97-258, Sept. 13,
1982, 96 Stat. 913.)
1469 Sec. 1113. Congressional information.
(a)(1) When requested by a committee of Congress having
jurisdiction over receipts or appropriations, the President
shall provide the committee with assistance and information.
(2) When requested by a committee of Congress,
additional information related to the amount of an
appropriation originally requested by an Office of Inspector
General shall be submitted to the committee.
(b) When requested by a committee of Congress, by the
Comptroller General, or by the Director of the Congressional
Budget Office, the Secretary of the Treasury, the Director
of the Office of Management and Budget, and the head of each
executive agency shall--
(1) provide information on the location and
kind of available fiscal, budget, and program
information;
(2) to the extent practicable, prepare
summary tables of that fiscal, budget, and
program information and related information the
committee, the Comptroller General, or the
Director of the Congressional Budget Office
considers necessary; and
(3) provide a program evaluation carried out
or commissioned by an executive agency.
(c) In cooperation with the Director of the
Congressional Budget Office, the Secretary, and the Director
of the Office of Management and Budget, and Comptroller
General shall--
(1) establish and maintain a current
directory of sources of, and information systems
for, fiscal, budget, and program information and
a brief description of the contents of each
source and system;
(2) when requested, provide assistance to
committees of Congress and members of Congress
in obtaining information from the sources in the
directory; and
(3) when requested, provide assistance to
committees and, to the extent practicable, to
members of Congress in evaluating the
information obtained from the sources in the
directory.
(d) To the extent they consider necessary, the
Comptroller General and the Director of the Congressional
Budget Office individually or jointly shall establish and
maintain a file of information to meet recurring needs of
Congress for fiscal, budget, and program information to
carry out this section and sections 717 and 1112 of this
title. The file shall include information on budget
requests, congressional authorizations to obligate and
expend, apportionment and reserve actions, and obligations
and expenditures. The Comptroller General and the Director
shall maintain the file and an index to the file so that it
is easier for the committees and agencies of Congress to use
the file and index through data processing and
communications techniques.
(e)(1) The Comptroller General shall--
(A) carry out a continuing program to
identify the needs of committees and members of
Congress for fiscal, budget, and program
information to carry out this section and
section 1112 of this title;
(B) assist committees of Congress in
developing their information needs;
(C) monitor recurring reporting requirements
of Congress and committees; and
(D) make recommendations to Congress and
committees for changes and improvements in those
reporting requirements to meet information needs
identified by the Comptroller General, to
improve their usefulness to congressional users,
and to eliminate unnecessary reporting.
(2) Before September 2 of each year, the Comptroller
General shall report to Congress on--
(A) the needs identified under paragraph
(1)(A) of this subsection;
(B) the relationship of those needs to
existing reporting requirements;
(C) the extent to which reporting by the
executive branch of the United States Government
currently meets the identified needs;
(D) the changes to standard classifications
necessary to meet congressional needs;
(E) activities, progress, and results of the
program of the Comptroller General under
paragraph (1)(B)-(D) of this subsection; and
(F) progress of the executive branch in the
prior year.
(3) Before March 2 of each year, the Director of the
Office of Management and Budget and the Secretary shall
report to Congress on plans for meeting the needs identified
under paragraph (1)(A) of this subsection, including--
(A) plans for carrying out changes to
classifications to meet information needs of
Congress;
(B) the status of information systems in the
prior year; and
(C) the use of standard classifications.
(Pub.L. 97-258, Sept. 13, 1982, 96 Stat. 914;
Pub.L. 97-452, Sec. 1(3), Jan. 12, 1983, 96
Stat. 2467.)
1470 Sec. 1114. Repealed (Oct. 13, 1994, Pub.L. 103-355,
Sec. 2454(c)(2), 108 Stat. 3326).
Chapter 15.--APPROPRIATION ACCOUNTING
1471 Sec. 1535. Agency agreements.
NOTE:
Acquisition of Goods, Services, or Space by Secretary of
Senate and Sergeant at Arms and Doorkeeper of the Senate.
Pub.L. 101-163, Title I, Sec. 8, Nov. 21, 1989, 103
Stat. 1046 (as amended by Pub.L. 112-10, Title IX, Sec.
1904, April 15, 2011, 125 Stat. ----), provided that:
``(1) The Secretary of the Senate and the Sergeant at
Arms and Doorkeeper of the Senate are authorized to acquire
goods, services, or space from government agencies and units
by agreement under the provisions of the Economy Act, 31
U.S.C. 1535, and to make advance payments in conjunction
therewith, if required by the providing agency or
establishment.
``(2) No advance payment may be made under paragraph (1)
unless specifically provided for in the agreement. No
agreement providing for advance payment may be entered into
unless it contains a provision requiring the refund of any
unobligated balance of the advance.
``(3) Agreement under paragraph (1) shall be in
accordance with regulations prescribed by the Committee on
Rules and Administration of the Senate.''
Chapter 33.--DEPOSITING, KEEPING, AND PAYING MONEY
Subchapter II.--Payments
1472
Sec. 3332. Required direct deposit.
(a)(1) Notwithstanding any other provision of law, all
Federal wage, salary, and retirement payments shall be paid
to recipients of such payments by electronic funds transfer,
unless another method has been determined by the Secretary
of the Treasury to be appropriate.
(2) Each recipient of Federal wage, salary, or
retirement payments shall designate one or more financial
institutions or other authorized payment agents and provide
the payment certifying or authorizing agency information
necessary for the recipient to receive electronic funds
transfer payments through each institution so designated.
(b)(1) The head of each agency shall waive the
requirements of subsection (a) of this section for a
recipient of Federal wage, salary, or retirement payments
authorized or certified by the agency upon written request
by such recipient.
(2) Federal wage, salary, or retirement payments shall
be paid to any recipient granted a waiver under paragraph
(1) of this subsection by any method determined appropriate
by the Secretary of the Treasury.
(c)(1) The Secretary of the Treasury may waive the
requirements of subsection (a) of this section for any group
of recipients upon request by the head of an agency under
standards prescribed by the Secretary of the Treasury.
(2) Federal wage, salary, or retirement payments shall
be paid to any member of a group granted a waiver under
paragraph (1) of this subsection by any method determined
appropriate by the Secretary of the Treasury.
(d) This section shall apply only to recipients of
Federal wage or salary payments who begin to receive such
payments on or after January 1, 1995, and recipients of
Federal retirement payments who begin to receive such
payments on or after January 1, 1995.
(e)(1) Notwithstanding subsections (a) through (d) of
this section, sections 5120(a) and (d) of title 38, and any
other provision of law, all Federal payments to a recipient
who becomes eligible for that type of payment after 90 days
after the date of the enactment of the Debt Collection
Improvement Act of 1996 shall be made by electronic funds
transfer.
(2) The head of a Federal agency shall, with respect to
Federal payments made or authorized by the agency, waive the
application of paragraph (1) to a recipient of those
payments upon receipt of written certification from the
recipient that the recipient does not have an account with a
financial institution or an authorized payment agent.
(f)(1) Notwithstanding any other provision of law
(including subsections (a) through (e) of this section and
sections 5120(a) and (d) of title 38), except as provided in
paragraph (2) all Federal payments made after January 1,
1999, shall be made by electronic funds transfer.
(2)(A) The Secretary of the Treasury may waive
application of this subsection to payments--
(i) for individuals or classes of
individuals for whom compliance imposes a
hardship;
(ii) for classifications or types of checks;
or
(iii) in other circumstances as may be
necessary.
(B) The Secretary of the Treasury shall make
determinations under subparagraph (A) based on standards
developed by the Secretary.
(g) Each recipient of Federal payments required to be
made by electronic funds transfer shall--
(1) designate 1 or more financial
institutions or other authorized agents to which
such payments shall be made; and
(2) provide to the Federal agency that makes
or authorizes the payments information necessary
for the recipient to receive electronic funds
transfer payments through each institution or
agent designated under paragraph (1).
(h) The crediting of the amount of a payment to the
appropriate account on the books of a financial institution
or other authorized payment agent designated by a payment
recipient under this section shall constitute a full
acquittance to the United States for the amount of the
payment.
(i)(1) The Secretary of the Treasury may prescribe
regulations that the Secretary considers necessary to carry
out this section.
(2) Regulations under this subsection shall ensure that
individuals required under subsection (g) to have an account
at a financial institution because of the application of
subsection (f)(1)--
(A) will have access to such an account at a
reasonable cost; and
(B) are given the same consumer protections
with respect to the account as other account
holders at the same financial institution.
(j) For purposes of this section--
(1) The term ``electronic funds transfer''
means any transfer of funds, other than a
transaction originated by cash, check, or
similar paper instrument, that is initiated
through an electronic terminal, telephone,
computer, or magnetic tape, for the purpose of
ordering, instructing, or authorizing a
financial institution to debit or credit an
account. The term includes Automated Clearing
House transfers, Fed Wire transfers, transfers
made at automatic teller machines, and point-of-
sale terminals.
(2) The term ``Federal agency'' means--
(A) an agency (as defined in section 101
of this title); and
(B) a Government corporation (as defined
in section 103 of title 5).
(3) The term ``Federal payments'' includes--
(A) Federal wage, salary, and retirement
payments;
(B) vendor and expense reimbursement
payments; and
(C) benefit payments.
Such term shall not include any payment
under the Internal Revenue Code of 1986. (As
amended Pub.L. 98-369, Title VIII, Sec. 2814,
July 18, 1984, 98 Stat. 1207; Pub.L. 103-356,
Title IV, Sec. 402(a), Oct. 13, 1994, 108 Stat.
3412; Pub.L. 104-134, Title III,
Sec. 31001(x)(1), Apr. 26, 1996, 110 Stat. 1321-
376.)
39 u.s.c.--postal service
general and permanent laws relating to the senate
TITLE 39.--POSTAL SERVICE
Part IV.--MAIL MATTER
Chapter 32.--PENALTY AND FRANKED MAIL\1\
1480 Sec. 3201. Definitions.
As used in this chapter--
\1\For United States Postal Service regulation on
congressional franking privilege, see Senate Manual
section 1490. See also the Regulations Governing the Use
of the Mailing Frank by Members and Officers of the
United States Senate, issued by the Select Committee on
Ethics. See also Regulations Governing Franked Mail,
issued by the Senate Committee on Rules and
Administration.
(1) ``penalty mail'' means official mail,
other than franked mail, which is authorized by
law to be transmitted in the mail without
prepayment of postage;
(2) ``penalty cover'' means envelopes,
wrappers, labels, or cards used to transmit
penalty mail;
(3) ``frank'' means the autographic or
facsimile signature of persons authorized by
sections 3210-3216 and 3218 of this title to
transmit matter through the mail without
prepayment of postage or other indicia
contemplated by sections 733 and 907 of title
44;
(4) ``franked mail'' means mail which is
transmitted in the mail under a frank;
(5) ``Members of Congress'' includes
Senators, Representatives, Delegates, and
Resident Commissioners; and
(6) ``missing child'' has the meaning
provided by section 403(1) of the Juvenile
Justice and Delinquency Prevention Act of 1974.
(Aug. 12, 1970, Pub.L. 91-375, Sec. 2, 84 Stat.
751; Aug. 9, 1985, Pub.L. 99-87, Sec. 1(b), 99
Stat. 291.)
1481 Sec. 3210. Franked mail transmitted by the Vice President,
Members of Congress, and congressional officials.
(a)(1) It is the policy of the Congress that the
privilege of sending mail as franked mail shall be
established under this section in order to assist and
expedite the conduct of the official business, activities,
and duties of the Congress of the United States.
(2) It is the intent of the Congress that such official
business, activities, and duties cover all matters which
directly or indirectly pertain to the legislative process or
to any congressional representative functions generally, or
to the functioning, working, or operating of the Congress
and the performance of official duties in connection
therewith, and shall include, but not be limited to, the
conveying of information to the public, and the requesting
of the views of the public, or the views and information of
other authority of government, as a guide or a means of
assistance in the performance of those functions.
(3) It is the intent of the Congress that mail matter
which is frankable specifically includes, but is not limited
to--
(A) mail matter to any person and to all
agencies and officials of Federal, State, and
local governments regarding programs, decisions,
and other related matters of public concern or
public service, including any matter relating to
actions of a past or current Congress;
(B) the usual and customary congressional
newsletter or press release which may deal with
such matters as the impact of laws and decisions
on State and local governments and individual
citizens; reports on public and official actions
taken by Members of Congress; and discussions of
proposed or pending legislation or governmental
actions and the positions of the Members of
Congress on, and arguments for or against, such
matters;
(C) the usual and customary congressional
questionnaire seeking public opinion on any law,
pending or proposed legislation, public issue,
or subject;
(D) mail matter dispatched by a Member of
Congress between his Washington office and any
congressional district offices, or between his
district offices;
(E) mail matter directed by one Member of
Congress to another Member of Congress or to
representatives of the legislative bodies of
State and local governments;
(F) mail matter expressing congratulations
to a person who has achieved some public
distinction;
(G) mail matter, including general mass
mailings, which consist of Federal laws, Federal
regulations, other Federal publications,
publications purchased with Federal funds, or
publications containing items of general
information;
(H) mail matter which consists of voter
registration or election information or
assistance prepared and mailed in a nonpartisan
manner;
(I) mail matter which constitutes or
includes a biography or autobiography of any
Member of, or Member-elect to, Congress or any
biographical or autobiographical material
concerning such Member or Member-elect or the
spouse or other members of the family of such
Member or Member-elect, and which is so mailed
as a part of a Federal publication or in
response to a specific request therefor and is
not included for publicity purposes in a
newsletter or other general mass mailing of the
Member or Member-elect under the franking
privilege; or
(J) mail matter which contains a picture,
sketch, or other likeness of any Member or
Member-elect and which is so mailed as a part of
a Federal publication or in response to a
specific request therefor and, when contained in
a newsletter or other general mass mailing of
any Member or Member-elect, is not of such size,
or does not occur with such frequency in the
mail matter concerned, as to lead to the
conclusion that the purpose of such picture,
sketch, or likeness is to advertise the Member
or Member-elect rather than to illustrate
accompanying text.
(4) It is the intent of the Congress that the franking
privilege under this section shall not permit, and may not
be used for, the transmission through the mails as franked
mail, of matter which in its nature is purely personal to
the sender or to any other person and is unrelated
to the official business, activities, and duties of the
public officials covered by subsection (b)(1) of this
section.
(5) It is the intent of the Congress that a Member of or
Member-elect to Congress may not mail as franked mail--
(A) mail matter which constitutes or
includes any article, account, sketch,
narration, or other text laudatory and
complimentary of any Member of, or Member-elect
to, Congress on a purely personal or political
basis rather than on the basis of performance of
official duties as a Member or on the basis of
activities as a Member-elect;
(B) mail matter which constitutes or
includes--
(i) greetings from the spouse or other
members of the family of such Member or
Member-elect, unless it is a brief reference
in otherwise frankable mail;
(ii) reports of how or when such Member
or Member-elect, or the spouse or any other
member of the family of such Member or
Member-elect, spends time other than in the
performance of, or in connection with, the
legislative, representative, and other
official functions of such Member or the
activities of such Member-elect as a Member-
elect; or
(iii) any card expressing holiday
greetings from such Member or Member-elect;
or
(C) mail matter which specifically solicits
political support for the sender or any other
person or any political party, or a vote or
financial assistance for any candidate for any
public office.
The House Commission on Congressional Mailing Standards and
the Select Committee on Standards and Conduct of the Senate
shall prescribe for their respective Houses such rules and
regulations and shall take such other action, as the
Commission or Committee considers necessary and proper for
the Members and Members-elect to conform to the provisions
of this clause and applicable rules and regulations. Such
rules and regulations shall include, but not be limited to,
provisions prescribing the time within which such mailings
shall be mailed at or delivered to any postal facility to
attain compliance with this clause and the time when such
mailings shall be deemed to have been so mailed or delivered
and such compliance attained.
(6)(A) It is the intent of Congress that a Member of, or
Member-elect to, Congress may not mail any mass mailing as
franked mail--
(i) if the mass mailing is mailed fewer than
60 days (or, in the case of a Member of the
House, fewer than 90 days) immediately before
the date of any primary election or general
election (whether regular, special, or runoff)
in which the Member is a candidate for
reelection; or
(ii) in the case of a Member of, or Member-
elect to, the House who is a candidate for any
other public office, if the mass mailing--
(I) is prepared for delivery within any
portion of the jurisdiction of or the area
covered by the public office which is
outside the area constituting the
congressional district from which the Member
or Member-elect was elected; or
(II) is postmarked fewer than 90 days
immediately before the date of any primary
election or general election (whether
regular, special, or runoff) in which the
Member or Member-elect is a candidate for
any other public office.
(B) Any mass mailing which is mailed by the chairman of
any organization referred to in the last sentence of section
3215 of this title which relates to the normal and regular
business of the organization may be mailed without regard to
the provisions of this paragraph.
(C) No Member of the Senate may mail any mass mailing as
franked mail if such mass mailing is postmarked fewer than
60 days immediately before the date of any primary election
or general election (whether regular, special, or runoff)
for any national, State or local office in which such Member
is a candidate for election.
(D) The Select Committee on Ethics of the Senate and the
House Commission on Congressional Mailing Standards shall
prescribe for their respective Houses rules and regulations,
and shall take other action as the Committee or the
Commission considers necessary and proper for Members and
Members-elect to comply with the provisions of this
paragraph and applicable rules and regulations. The rules
and regulations shall include provisions prescribing the
time within which mailings shall be mailed at or delivered
to any postal facility and the time when the mailings shall
be deemed to have been mailed or delivered to comply with
the provisions of this paragraph.
(E) As used in this section, the term ``mass mailing''
means, with respect to a session of Congress, any mailing of
newsletters or other pieces of mail with substantially
identical content (whether such mail is deposited singly or
in bulk, or at the same time or different times), totaling
more than 500 pieces in that session, except that such term
does not include any mailing--
(i) of matter in direct response to a
communication from a person to whom the matter
is mailed;
(ii) from a Member of Congress to other
Members of Congress, or to Federal, State, or
local government officials; or
(iii) of a news release to the
communications media.
(F) For purposes of subparagraphs (A) and (C) if mail
matter is of a type which is not customarily postmarked, the
date on which such matter would have been postmarked if it
were of a type customarily postmarked shall apply.
(7) A Member of the House of Representatives may not
send any mass mailing outside the congressional district
from which the Member was elected.
(b)(1) The Vice President, each Member of or Member-
elect to Congress, the Secretary of the Senate, the Sergeant
at Arms of the Senate, each of the elected officers of the
House of Representatives (other than a Member of the House),
the Legislative Counsels of the House of Representatives and
the Senate, the Law Revision Counsel of the House of
Representatives, and the Senate Legal Counsel may send, as
franked mail, matter relating to their official business,
activities, and duties, as intended by Congress to be
mailable as franked mail under subsection (a)(2) and (3) of
this section.
(2) If a vacancy occurs in the Office of the Secretary
of the Senate, the Sergeant at Arms of the Senate, an
elected officer of the House of Representatives (other than
a Member of the House), the Legislative Counsel of the House
of Representatives or the Senate, the Law Revision Counsel
of the House of Representatives, or the Senate Legal Counsel
any authorized person may exercise the franking privilege in
the officer's name during the period of the vacancy.
(3) The Vice President, each Member of Congress, the
Secretary of the Senate, the Sergeant at Arms of the Senate,
and each of the elected officers of the House (other than a
Member of the House), during the 90-day period immediately
following the date on which they leave office, may send, as
franked mail, matter on official business relating to the
closing of their respective offices. The House Commission on
Congressional Mailing Standards and the Select Committee on
Standards and Conduct of the Senate\1\ shall prescribe for
their respective Houses such rules and regulations, and
shall take such other action as the Commission or Committee
considers necessary and proper, to carry out the provisions
of this paragraph.
\1\Name changed to the Select Committee on Ethics by S.
Res. 4, 95-1, Feb. 4, 1977.
(c) Franked mail may be in any form appropriate for mail
matter, including, but not limited to, correspondence,
newsletters, questionnaires, recordings, facsimiles,
reprints, and reproductions. Franked mail shall not include
matter which is intended by Congress to be nonmailable as
franked mail under subsection (a) (4) and (5) of this
section.
(d)(1) A Member of Congress may mail franked mail with a
simplified form of address for delivery within that area
constituting the congressional district or State from which
the Member was elected.
(2) A Member-elect to the Congress may mail franked mail
with a simplified form of address for delivery within that
area constituting the congressional district or the State
from which he was elected.
(3) A Delegate, Delegate-elect, Resident Commissioner,
or Resident Commissioner-elect to the House of
Representatives may mail franked mail with a simplified form
of address for delivery within the area from which he was
elected.
(4) Any franked mail which is mailed under this
subsection shall be mailed at the equivalent rate of postage
which assures that the mail will be sent by the most
economical means practicable.
(5) The Senate Committee on Rules and Administration and
the House Commission on Congressional Mailing Standards
shall prescribe for their respective Houses rules and
regulations governing any franked mail which is mailed under
this subsection and shall by regulation limit the number of
such mailings allowed under this subsection.
(6)(A) Any Member of, or Member-elect to, the House of
Representatives entitled to make any mailing as franked mail
under this subsection shall, before making any mailing,
submit a sample or description of the mail matter involved
to the House Commission on Congressional Mailing Standards
for an advisory opinion as to whether the proposed mailing
is in compliance with the provisions of this subsection.
(B) The Senate Select Committee on Ethics may require
any Member of, or Member-elect to, the Senate entitled to
make any mailings as franked mail under this subsection to
submit a sample or description of the mail matter to the
Committee for an advisory opinion as to whether the proposed
mailing is in compliance with the provisions of this
subsection.
(7) Franked mail mailed with a simplified form of
address under this subsection--
(A) shall be prepared as directed by the
Postal Service; and
(B) may be delivered to--
(i) each box holder or family on a rural
or star route;
(ii) each post office box holder; and
(iii) each stop or box on a city carrier
route.
(8) For the purposes of this subsection, a congressional
district includes, in the case of a Representative at Large
or Representative at Large-elect, the State from which he
was elected.
(e) The frankability of mail matter shall be determined
under the provisions of this section by the type and content
of the mail sent, or to be sent.
(f) Any mass mailing which otherwise would be permitted
to be mailed as franked mail under this section shall not be
so mailed unless the cost of preparing and printing the mail
matter is paid exclusively from funds appropriated by
Congress, except that an otherwise frankable mass mailing
may contain, as an enclosure or supplement, any public
service material which is purely instructional or
informational in nature, and which in content is frankable
under this section.
(g) Notwithstanding any other provision of Federal,
State, or local law, or any regulation thereunder, the
equivalent amount of postage determined under section 3216
of this title on franked mail mailed under the frank of the
Vice President or a Member of Congress, and the cost of
preparing or printing such frankable matter for such mailing
under the frank, shall not be considered as a contribution
to, or an expenditure by, the Vice President or a Member of
Congress for the purpose of determining any limitation on
expenditures or contributions with respect to any such
official, imposed by any Federal, State, or local law or
regulation, in connection with any campaign of such official
for election to any Federal office. (Aug. 12, 1970, Pub.L.
91-375, Sec. 2, 84 Stat. 754; July 9, 1971, Pub.L. 92-51,
Sec. 101, 85 Stat. 132; Dec. 18, 1973, Pub.L. 93-191,
Sec. 1(a), 87 Stat. 737; Dec. 23, 1975, Pub.L. 94-177,
Sec. 1(b), 89 Stat. 1032; Oct. 26, 1978, Pub.L. 95-521,
Sec. 714(a), 92 Stat. 1884; Oct. 26, 1981, Pub.L. 97-69,
Sec. Sec. 1, 2, 3, 4, 95 Stat. 1041-1043; Sept. 24, 1982,
Pub.L. 97-263, Sec. 1, 96 Stat. 1132; Pub.L. 101-163, Title
III, Sec. 318, Nov. 21, 1989, 103 Stat. 1068; Pub.L. 101-
520, Title III, Sec. Sec. 311(h)(1), 316, Nov. 5, 1990, 104
Stat. 2280, 2283; Pub.L. 102-392, Title III, Sec. 309(a),
Oct. 6, 1992, 106 Stat. 1722; Pub.L. 104-197, Title I,
Sec. 102(a), Sept. 16, 1996, 110 Stat. 2401; Pub.L. 109-435,
Title X, Sec. 1010(g)(4), Dec. 20, 2006, 120 Stat. 3262.)
1482 Sec. 3211. Public documents.
The Vice President, Members of Congress, the Secretary
of the Senate, the Sergeant at Arms of the Senate, each of
the elected officers of the House of Representatives (other
than a Member of the House) during the 90-day period
immediately following the expiration of their respective
terms of office, may send and receive as franked mail all
public documents printed by order of Congress. (Aug. 12,
1970, Pub.L. 91-375, Sec. 2, 84 Stat. 754; Dec. 18, 1973,
Pub.L. 93-191, Sec. 2, 87 Stat. 741; Oct. 26, 1981, Pub.L.
97-69, Sec. 5(a), 95 Stat. 1043.)
1483 Sec. 3212. Congressional Record under frank of Members of
Congress.
(a) Members of Congress may send the Congressional
Record as franked mail.
(b) Members of Congress may send, as franked mail, any
part, of, or a reprint of any part of, the Congressional
Record, including speeches or reports contained therein, if
such matter is mailable as franked mail under section 3210
of this title. (Aug. 12, 1970, Pub.L. 91-375, Sec. 2, 84
Stat. 754; Dec. 18, 1973, Pub.L. 93-191, Sec. 3, 87 Stat.
741.)
Cross Reference
For extracts from Congressional Record furnished Members
of Congress and the Resident Commissioner in envelopes ready
for mailing, see section 907 of title 44, United States Code
(Senate Manual section 1657).
1484 Sec. 3213. Seeds and reports from Department of Agriculture.
Seeds and agricultural reports emanating from the
Department of Agriculture may be mailed--
(1) as penalty mail by the Secretary of
Agriculture; and
(2) during the 90-day period immediately
following the expiration of their terms of
office, as franked mail by Members of Congress.
(Aug. 12, 1970, Pub.L. 91-375, Sec. 2, 84 Stat.
754; Oct. 26, 1981, Pub.L. 97-69, Sec. 5(b), 95
Stat. 1043.)
1485 Sec. 3215. Lending or permitting use of frank unlawful.
A person entitled to use a frank may not lend it or
permit its use by any committee, organization, or
association, or permit its use by any person for the benefit
or use of any committee, organization, or association. This
section does not apply to any standing, select, special, or
joint committee, or subcommittee thereof, or commission, of
the Senate, House of Representatives, or Congress, composed
of Members of Congress, or to the Democratic caucus or the
Republican conference of the House of Representatives or of
the Senate. (Aug. 12, 1970, Pub.L. 91-375, Sec. 2, 84 Stat.
754; Dec. 18, 1973, Pub.L. 93-191, Sec. 10, 87 Stat. 746.)
1486 Sec. 3216. Reimbursement for franked mailings.
(a) The equivalent of--
(1) postage on, and fees and charges in
connection with, mail matter sent through the
mails--
(A) under the franking privilege (other
than under section 3219 of this title), by
the Vice President, Members of and Members-
elect to Congress, the Secretary of the
Senate, the Sergeant at Arms of the Senate,
each of the elected officers of the House of
Representatives (other than a Member of the
House), the Legislative Counsels of the
House of Representatives and the Senate, the
Law Revision Counsel of the House of
Representatives, and the Senate Legal
Counsel; and
(B) by the survivors of a Member of
Congress under section 3218 of this title;
and
(2) those portions of fees and charges to be
paid for handling and delivery by the Postal
Service of Mailgrams considered as franked mail
under section 3219 of this title;
shall be paid by appropriation for the official mail costs
of the Senate and the House of Representatives for that
purpose and then paid to the Postal Service as postal
revenue. Except as to Mailgrams and except as provided by
sections 733 and 907 of title 44, envelopes, wrappers,
cards, or labels used to transmit franked mail shall bear,
in the upper right-hand corner, the sender's signature, or a
facsimile thereof.
(b) Postage on, and fees and charges in connection with,
mail matter sent through the mails under section 3214 of
this title shall be paid each fiscal year, out of any
appropriation made for that purpose, to the Postal Service
as postal revenue in an amount equivalent to the postage,
fees, and charges which would otherwise be payable on, or in
connection with, such mail matter.
(c) Payment under subsection (a) or (b) of this section
shall be deemed payment for all matter mailed under the
frank and for all fees and charges due the Postal Service in
connection therewith.
(d) Money collected for matter improperly mailed under
the franking privilege shall be deposited as miscellaneous
receipts in the general fund of the Treasury.
(e)(1) Not later than two weeks after the last day of
each quarter of the fiscal year, or as soon as practicable
thereafter, the Postmaster General shall send to the Chief
Administrative Officer of the House of Representatives, the
House Commission on Congressional Mailing Standards, the
Secretary of the Senate, and the Senate Committee on Rules
and Administration a report which shall contain a tabulation
of the estimated number of pieces and costs of franked mail,
as defined in section 3201 of this title, in each mail
classification sent through the mail for that quarter and
for the preceding quarters in the fiscal year, together with
separate tabulations of the number of pieces and costs of
such mail sent by the House and by the Senate.
(2) Two weeks after the close of the second quarter of
the fiscal year, or as soon as practicable thereafter, the
Postmaster General shall send to the Chief Administrative
Officer of the House of Representatives, the House
Commission on Congressional Mailing Standards, the Committee
on House Oversight, the Secretary of the Senate, and the
Senate Committee on Rules and Administration, a statement of
the costs of postage on, and fees and charges in connection
with, mail matter sent through the mails as described in
paragraph (1) of this subsection for the preceding two
quarters together with an estimate of such costs for the
balance of the fiscal year. As soon as practicable after
receipt of this statement, the House Commission on
Congressional Mailing Standards, the Committee on House
Oversight, and the Senate Committee on Rules and
Administration shall consider promulgating such regulations
for their respective Houses as may be necessary to ensure
that total postage costs, as described in paragraph (1) of
this subsection, will not exceed the amounts available for
the fiscal year. (Aug. 12, 1970, Pub.L. 91-375, Sec. 2, 84
Stat. 754; July 9, 1971, Pub.L. 92-51, Sec. 101, 85 Stat.
132; Dec. 18, 1973, Pub.L. 93-191, Sec. 7, 87 Stat. 745;
Mar. 27, 1974, Pub.L. 93-255, Sec. 2(a), 88 Stat. 52; Oct.
26, 1978, Pub.L. 95-521, Sec. 714(b), 92 Stat. 1884; Oct.
26, 1981, Pub.L. 97-69, Sec. 6(a), 95 Stat. 1043; Sept. 24,
1982, Pub.L. 97-263, Sec. 1, 96 Stat. 1132; Pub.L. 101-163,
Title III, Sec. 316(b), formerly Sec. 316(c), Sec. 317, Nov.
21, 1989, 103 Stat. 1067, renumbered Pub.L. 101-520, Title
III, Sec. 311(h)(3)(B), Nov. 5, 1990, 104 Stat. 2280; Pub.L.
102-90, Title III, Sec. 306, Aug. 14, 1991, 105 Stat. 466;
Pub.L. 104-186, Title II, Sec. 220, Aug. 20, 1996, 110 Stat.
1748.)
1487 Sec. 3218. Franked mail for survivors of Members of
Congress.
Upon the death of a Member of Congress during his term
of office, the surviving spouse of such Member (or, if there
is no surviving spouse, a member of the immediate family of
the Member designated by the Secretary of the Senate or the
Clerk of the House of Representatives, as appropriate, in
accordance with rules and procedures established by the
Secretary or the Clerk) may send, for a period not to exceed
180 days after his death, as franked mail, nonpolitical
correspondence relating to the death of the Member. (Aug.
12, 1970, Pub.L. 91-375, Sec. 2,
84 Stat. 755; Dec. 18, 1973, Pub.L. 93-191, Sec. 11, 87
Stat. 746; Oct. 26, 1981, Pub.L. 97-69, Sec. 6 (b), (c)(1),
95 Stat. 1043.)
1488 Sec. 3219. Mailgrams.
Any Mailgram sent by the Vice President, a Member of or
Member-elect to Congress, the Secretary of the Senate, the
Sergeant at Arms of the Senate, an elected officer of the
House of Representatives (other than a Member of the House),
the Legislative Counsel of the House of Representatives or
the Senate, the Law Revision Counsel of the House of
Representatives, or the Senate Legal Counsel, and then
delivered by the Postal Service, shall be considered as
franked mail, subject to section 3216(a)(2) of this title,
if such Mailgram contains matter of the kind authorized to
be sent by that official as franked mail under section 3210
of this title. (Added Dec. 18, 1973, Pub.L. 93-191, Sec. 12,
87 Stat. 746; Oct. 26, 1978, Pub.L. 95-521, Sec. 714(c), 92
Stat. 1884; Sept. 24, 1982, Pub.L. 97-263, Sec. 1, 96 Stat.
1132.)
1489 Sec. 3220. Omitted.
1490
Domestic Mail Manual Provisions Relating to the
Congressional Franking Privilege
703.6.0.--Official Mail (Franked)
703.6.1 Basic Information
703.6.1.1 Members of Congress. Official mail of Members of
Congress is sent without prepayment of postage and bears
instead a written or printed facsimile signature or a
specified marking. Exhibit 6.1.1 shows what is accepted
under frank and who is authorized its use.
703.6.1.2 Former President and Spouse. Any former President
of the United States and any surviving spouse of a former
President may send nonpolitical mail as franked mail if it
bears the sender's written or facsimile signature and the
words ``Postage and Fees Paid'' in the upper right corner of
the address side.
703.6.1.3 Surviving Spouse of Member of Congress. When a
Member of Congress dies during the term of office, the
Member's surviving spouse may send correspondence relating
to the death without prepayment of postage, for a period not
to exceed 180 days after the death of the Member. The mail
must bear the sender's written or facsimile signature in the
upper right corner of the address side. If there is no
surviving spouse, this privilege may be exercised by an
immediate family member of the deceased Member of Congress
designated by the Secretary of the Senate or the Clerk of
the House of Representatives, as appropriate.
703.6.1.4 Use. A person entitled to use franked mail may
not lend this frank or permit its use by any committee,
organization, association, or other person. This restriction
does not apply to a committee of the Congress.
703.6.1.5 Criteria. Franked mail must be addressed to the
recipient by name, except under 602.3.0, Use of Alternative
Addressing, and it must meet the mailability criteria in 601
and the physical standards for the class of mail used.\1\
\1\Part 602.3.0 describes alternative addressing
formats. Part 601.1.0 gives general mailability
standards (such as requisite dimensions, packaging, and
containers). Part 601.11.0 describes articles and
substances prohibited because they may be injurious to
life, health or property (such as liquor or firearms).
Part 601.12.0 refers to restricted forms of printed
materials (such as deceptive solicitations or sexually
oriented advertisements).
703.6.1.6 Handling. Franked mail is entitled to all special
services for which it is properly endorsed, and is handled
and forwarded as ordinary mail, except that after delivery
to the addressee, it may not be remailed.
703.6.1.7 Package to One Addressee. A person entitled to
use franked mail may send a package of franked mail to one
addressee, who may open the package and, on behalf of such
person, address the franked articles and mail them.
Exhibit 6.1.1\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
User Entitled Matter Permitted Marking Required Period Authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vice President of the United Public documents printed by order of ``Public Document'' and ``U.S.S.'' or During 90 days immediately after
States, Members of Congress, Congress ``M.C.'' must appear on address side expiration of term of office.
Resident Commissioners,
Secretary of the Senate,
Sergeant at Arms of the
Senate, and each elected
officer of the House of
Representatives (other than
Members of the House)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Members of Congress and ``Congressional Record'' or any part of ``Congressional Record'' or ``Part of During term of office only.
Resident Commissioners it (including reprints of any part, Congressional Record'' and ``U.S.S.''
speech, or report contained in it) if or ``M.C.'' must appear on the
for official business, activities, or address side
duties
--------------------------------------------------------------------------------------------------------------------------------------------------------
Members of Congress Seed and agricultural reports from Signature and title (written or During 90 days immediately after
Department of Agriculture printed facsimile) of person entitled expiration of term of office.
to frank must appear on address side
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vice President of the United Official correspondence The signature and title (written or During term of office only. When
States, Members and Members- printed facsimile) of person entitled position of Secretary, Sergeant at
elect of Congress, Resident to frank must appear on address side Arms, elected officer, Legislative
Commissioners, Secretary of Counsel, Law Revision Counsel, or
the Senate, Sergeant at Arms Senate Legal Counsel is vacant,
of the Senate, each elected privileges may be exercised in
officer of the House of officer's name by authorized persons.
Representatives (other than a
Member of the House),
Legislative Counsels of the
House of Representatives and
the Senate, Law Revision
Counsel of the House of
Representatives, and Senate
Legal Counsel
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vice President-elect All mail connected with preparation for Signature and title (written or Until assumption of duties as Vice
assumption of official duties as Vice printed facsimile) of Vice President- President.
President elect must appear on address side
--------------------------------------------------------------------------------------------------------------------------------------------------------
Former Vice President, each Matter on official business about Signature and title (written or During 90 days immediately after date
former Member of Congress, closing of offices printed facsimile) of person entitled of leaving office.
former Secretary of the to frank must appear on address side
Senate, former Sergeant at
Arms of the Senate, each
former elected officer of the
House (other than former
Member of the House), and each
former Delegate or Resident
Commissioner
--------------------------------------------------------------------------------------------------------------------------------------------------------
Former Speakers of the House Public documents, seeds, and Signature and title (written or For as long as former Speaker
agricultural reports from Department printed facsimile) of former Speaker determines necessary.
of Agriculture, official or public document marking as shown
correspondence above, must appear on address side
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Available at http://pe.usps.gov/text/dmm300/703.htm#1114040.
40 u.s.c.--public buildings, property, and works
general and permanent laws relating to the senate
TITLE 40.--PUBLIC BUILDINGS, PROPERTY, AND WORKS
Subtitle I.--Federal Property and Administrative Services
Chapter 3.--ORGANIZATION OF GENERAL SERVICES ADMINISTRATION
1500 Sec. 321. Acquisition Services Fund.
(a) Existence.--The Acquisition Services Fund is a special
fund in the Treasury.
(b) Composition.--
(1) In general.--The Fund is composed of
amounts authorized to be transferred to the Fund
or otherwise made available to the Fund.
(2) Other credits.--The Fund shall be
credited with all reimbursements, advances, and
refunds or recoveries relating to personal
property or services procured through the Fund,
including--
(A) the net proceeds of disposal of
surplus personal property; and
(B) receipts from carriers and others
for loss of, or damage to, personal
property; and
(C) receipts from agencies charged fees
pursuant to rates established by the
Administrator.
(3) Cost and capital requirements.--The
Administrator shall determine the cost and
capital requirements of the Fund for each fiscal
year and shall develop a plan concerning such
requirements in consultation with the Chief
Financial Officer of the General Services
Administration. Any change to the cost and
capital requirements of the Fund for a fiscal
year shall be approved by the Administrator. The
Administrator shall establish rates to be
charged agencies provided, or to be provided,
supply of personal property and non-personal
services through the Fund, in accordance with
the plan.
(4) Deposit of fees.--Fees collected by the
Administrator under section 313 of this title
may be deposited in the Fund to be used for the
purposes of the Fund.
(c) Uses.--
(1) In general.--The Fund is available for
use by or under the direction and control of the
Administrator for--
(A) procuring, for the use of federal
agencies in the proper discharge of their
responsibilities--
(i) personal property (including
the purchase from or through the
Public Printer, for warehouse issue,
of standard forms, blankbook work,
standard specifications, and other
printed material in common use by
federal agencies and not available
through the Superintendent of
Documents);
(ii) nonpersonal services; and
(iii) personal services related
to the provision of information
technology (as defined in section
11101(6) of this title);
(B) paying the purchase price, cost of
transportation of personal property and
services, and cost of personal services
employed directly in the repair,
rehabilitation, and conversion of personal
property; and
(C) paying other direct costs of, and
indirect costs that are reasonably related
to, contracting, procurement, inspection,
storage, management, distribution, and
accountability of property and nonpersonal
services provided by the General Services
Administration or by special order through
the Administration.
(2) Other uses.--The Fund may be used for
the procurement of personal property and
nonpersonal services authorized to be acquired
by--
(A) mixed-ownership Government
corporations;
(B) the municipal government of the
District of Columbia; or
(C) a requisitioning non-federal agency
when the function of a federal agency
authorized to procure for it is transferred
to the Administration.
(d) Payment for property and services.--
(1) In general.--For property or services
procured through the Fund for requisitioning
agencies, the agencies shall pay prices the
Administrator fixes under this subsection.
(2) Prices fixed by Administrator.--The
Administrator shall fix prices at levels
sufficient to recover--
(A) so far as practicable--
(i) the purchase price;
(ii) the transportation cost;
(iii) inventory losses;
(iv) the cost of personal
services employed directly in the
repair, rehabilitation, and
conversion of personal property;
(v) the cost of personal
services employed directly in
providing information technology (as
defined in section 11101(6) of this
title); and''.
(vi) the cost of amortization
and repair of equipment used for
lease or rent to executive agencies;
and
(B) properly allocable costs payable by
the Fund under subsection (c)(1)(C).
(3) Timing of payments.--
(A) Payment in advance.--A
requisitioning agency shall pay in advance
when the Administrator determines that there
is insufficient capital otherwise available
in the Fund. Payment in advance may also be
made under an agreement between a
requisitioning agency and the Administrator.
(B) Prompt reimbursement.--If payment is
not made in advance, the Administration
shall be reimbursed promptly out of amounts
of the requisitioning agency in accordance
with accounting procedures approved by the
Comptroller General.
(C) Failure to make prompt
reimbursement.--The Administrator may obtain
reimbursement by the issuance of transfer
and counterwarrants, or other lawful
transfer documents, supported by itemized
invoices, if payment is not made by a
requisitioning agency within 45 days after
the later of--
(i) the date of billing by the
Administrator; or
(ii) the date on which actual
liability for personal property or
services is incurred by the
Administrator.
(e) Reimbursement for equipment purchased for Congress.--The
Administrator may accept periodic reimbursement from the
Senate and from the House of Representatives for the
cost of any equipment purchased for the Senate or the
House of Representatives with money from the Fund. The
amount of each periodic reimbursement shall be computed
by amortizing the total cost of each item of equipment
over the useful life of the equipment, as determined by
the Administrator, in consultation with the Sergeant at
Arms and Doorkeeper of the Senate or the Chief
Administrative Officer of the House of Representatives,
as appropriate.
(f) Transfer of uncommitted balances.--Following the close
of each fiscal year, after making provision for a
sufficient level of inventory of personal property to
meet the needs of Federal agencies, the replacement cost
of motor vehicles, and other anticipated operating needs
reflected in the cost and capital plan developed under
subsection (b), the uncommitted balance of any funds
remaining in the Fund shall be transferred to the
general fund of the Treasury as miscellaneous receipts.
(g) Audits.--The Comptroller General shall audit the Fund in
accordance with the provisions of chapter 35 of title 31
and report the results of the audits. (Pub.L. 107-217,
Sec. 1, Aug. 21, 2002, 116 Stat. 1074; Pub.L. 109-313,
Sec. 3(d) to (g), (h)(2), Oct. 6, 2006, 120 Stat. 1735,
1736.)
Chapter 51.--UNITED STATES CAPITOL BUILDINGS AND GROUNDS
1501 Sec. 5101. Definition.
In this chapter, the term ``Capitol Buildings'' means
the United States Capitol, the Senate and House Office
Buildings and garages, the Capitol Power Plant, all
buildings on the real property described under section
5102(c) (including the Administrative Building of the United
States Botanic Garden), all buildings on the real property
described under section 5102(d), all subways and enclosed
passages connecting two or more of those structures, and the
real property underlying and enclosed by any of those
structures. (Act of July 31, 1946, ch. 707, sec. 16(a)(1),
60 Stat. 721; Pub.L. 90-108, sec. 1(d), Oct. 20, 1967, 81
Stat. 277; Pub.L. 108-7, sec. 1016(a), Feb. 20, 2003, 117
Stat. 364; Pub.L. 110-161, Div. H, Title I,
Sec. 1004(d)(2)(A)(i), Dec. 26, 2007, 121 Stat. 2233; Pub.L.
110-178, Sec. 4(b)(1)(A), Jan. 7, 2008, 121 Stat. 2551;
Pub.L. 111-145, Sec. 6(d)(1), Mar. 4, 2010, 124 Stat. 54.)
Note.--Designation of Great Hall of the Capitol Visitor
Center as Emanicipation Hall
Pub.L. 110-139, Sec. 1, Dec. 18, 2007, 121 Stat. 1491,
provided that:
(a) In general
The great hall of the Capitol Visitor Center shall be known and designated
as ``Emancipation Hall'', and any reference to the great hall in any law,
rule, or regulation shall be deemed to be a reference to Emancipation Hall.
(b)Effective date
This section [enacting this note] shall apply on and after the date of the
enactment of this Act [Dec. 18, 2007].
1502 Sec. 5102. Legal description and jurisdiction of United
States Capitol Grounds.
(a) Legal description
The United States Capitol Grounds comprises all squares,
reservations, streets, roadways, walks, and other areas as
defined on a map entitled ``Map showing areas comprising
United States Capitol Grounds'', dated June 25, 1946,
approved by the Architect of the Capitol, and recorded in
the Office of the Surveyor of the District of Columbia in
book 127, page 8, including all additions added by law after
June 25, 1946.
(b) Jurisdiction
(1) Architect of the Capitol
The jurisdiction and control over the
Grounds, vested prior to July 31, 1946, by law
in the Architect, is extended to the entire area
of the Grounds. Except as provided in paragraph
(2), the Architect is responsible for the
maintenance and improvement of the Grounds,
including those streets and roadways in the
Grounds as shown on the map referred to in
subsection (a) as being under the jurisdiction
and control of the Commissioners of the District
of Columbia.
(2) Mayor of the District of Columbia
(A) In general
The Mayor of the District of Columbia is
responsible for the maintenance and
improvement of those portions of the
following streets which are situated between
the curblines of those streets: Constitution
Avenue from Second Street Northeast to Third
Street Northwest, First Street from D Street
Northeast to D Street Southeast, D Street
from First Street Southeast to Washington
Avenue Southwest, and First Street from the
north side of Louisiana Avenue to the
intersection of C Street and Washington
Avenue Southwest, Pennsylvania Avenue
Northwest from First Street Northwest to
Third Street Northwest, Maryland Avenue
Southwest from First Street Southwest to
Third Street Southwest, Second Street
Northeast from F Street Northeast to C
Street Southeast; C Street Southeast from
Second Street Southeast to First Street
Southeast; that portion of Maryland Avenue
Northeast from Second Street Northeast to
First Street Northeast; that portion of New
Jersey Avenue Northwest from D Street
Northwest to Louisiana Avenue; that portion
of Second Street Southwest from the north
curb of D Street to the south curb of
Virginia Avenue Southwest; that portion of
Virginia Avenue Southwest from the east curb
of Second Street Southwest to the west curb
of Third Street Southwest; that portion of
Third Street Southwest from the south curb
of Virginia Avenue Southwest to the north
curb of D Street Southwest; that portion of
D Street Southwest from the west curb of
Third Street Southwest to the east curb of
Second Street Southwest; that portion of
Washington Avenue Southwest, including
sidewalks and traffic islands, from the
south curb of Independence Avenue Southwest
to the west curb of South Capitol Street.
(B) Repair and maintenance of utility
services
The Mayor may enter any part of the
Grounds to repair or maintain or, subject to
the approval of the Architect, construct or
alter, any utility service of the District
of Columbia Government.
(c) National Garden of the United States Botanic Garden
(1) In general.--Except as provided under paragraph (2),
the United States Capitol Grounds shall include--
(A) the National Garden of the United States
Botanic Garden;
(B) all grounds contiguous to the
Administrative Building of the United States
Botanic Garden, including Bartholdi Park; and
(C) all grounds bounded by the curblines of
First Street, Southwest on the east; Washington
Avenue, Southwest to its intersection with
Independence Avenue, and Independence Avenue
from such intersection to its intersection with
Third Street, Southwest on the south; Third
Street, Southwest on the west; and Maryland
Avenue, Southwest on the north.
(2) Maintenance and improvements.--Notwithstanding
subsections (a) and (b), jurisdiction and control over the
buildings on the grounds described in paragraph (1) shall be
retained by the Joint Committee on the Library, and the
Joint Committee on the Library shall continue to be solely
responsible for the maintenance and improvement of the
grounds described in such paragraph.
(3) Authority not limited.--Nothing in this subsection
shall limit the authority of the Architect of the Capitol
under section 307E of the Legislative Branch Appropriations
Act, 1989 (40 U.S.C. 216c).
(d) Library of Congress buildings and grounds
(1) In general.--Except as provided under paragraph (2),
the United States Capitol grounds shall include the Library
of Congress grounds described under section 11 of the Act
entitled ``An Act relating to the policing of the
buildings\1\ of the Library of Congress'', approved August
4, 1950 (2 U.S.C. 167j).
\1\So in original. Probably should be followed by ``and
grounds''.
(2) Authority of Librarian of Congress.--Notwithstanding
subsections (a) and (b), the Librarian of Congress shall
retain authority over the Library of Congress buildings and
grounds in accordance with section 1 of the Act of June 29,
1922 (2 U.S.C. 141; 42 Stat. 715). (Pub.L. 107-217, Sec. 1,
Aug. 21, 2002, 116 Stat. 1175; Pub.L. 108-7, Div. H, Title
I, Sec. 1016(b), Feb. 20, 2003, 117 Stat. 364; Pub.L. 110-
161, Div. H, Title I, Sec. 1004(d)(2)(A)(ii), Dec. 26, 2007,
121 Stat. 2233; Pub.L. 110-178, Sec. 4(b)(1)(B), (d), Jan.
7, 2008, 121 Stat. 2551; Pub.L. 111-145, Sec. 6(d)(1), Mar.
4, 2010, 124 Stat. 54.)
1503 Sec. 5103. Restrictions on public use of United States
Capitol Grounds.
Public travel in, and occupancy of, the United States
Capitol Grounds is restricted to the roads, walks, and
places prepared for that purpose. (Act of July 31, 1946, ch.
707, Sec. 2, 60 Stat. 718; Pub.L. 107-217, Sec. 1, Aug. 21,
2002, 116 Stat. 1176.)
1504 Sec. 5104. Unlawful activities.
(a) Definitions
In this section--
(1) Act of physical violence.--The term
``act of physical violence'' means any act
involving--
(A) an assault or other infliction or
threat of infliction of death or bodily harm
on an individual; or
(B) damage to, or destruction of, real
or personal property.
(2) Dangerous weapon.--The term ``dangerous
weapon'' includes--
(A) all articles enumerated in section
14(a) of the Act of July 8, 1932 (ch. 465,
47 Stat. 654); and
(B) a device designed to expel or hurl a
projectile capable of causing injury to
individuals or property, a dagger, a dirk, a
stiletto, and a knife having a blade over
three inches in length.
(3) Explosives.--The term ``explosives'' has
the meaning given that term in section 841(d) of
title 18.
(4) Firearm.--The term ``firearm'' has the
meaning given that term in section 921(3) of
title 18.
(b) Obstruction of Roads
A person may not occupy the roads in the United States
Capitol Grounds in a manner that obstructs or hinders their
proper use, or use the roads in the area of the Grounds,
south of Constitution Avenue and B Street and north of
Independence Avenue and B Street, to convey goods or
merchandise, except to or from the United States Capitol on
Federal Government service.
(c) Sale of Articles, Display of Signs, and Solicitations
A person may not carry out any of the following
activities in the Grounds:
(1) offer or expose any article for sale.
(2) display a sign, placard, or other form
of advertisement.
(3) solicit fares, alms, subscriptions, or
contributions.
(d) Injuries to Property
A person may not step or climb on, remove, or in any way
injure any statue, seat, wall, fountain, or other erection
or architectural feature, or any tree, shrub, plant, or
turf, in the Grounds.
(e) Capitol Grounds and Buildings Security
(1) Firearms, dangerous weapons, explosives, or
incendiary devices.--An individual or group of individuals--
(A) except as authorized by regulations
prescribed by the Capitol Police Board--
(i) may not carry on or have readily
accessible to any individual on the Grounds
or in any of the Capitol Buildings a
firearm, a dangerous weapon, explosives, or
an incendiary device;
(ii) may not discharge a firearm or
explosives, use a dangerous weapon, or
ignite an incendiary device, on the Grounds
or in any of the Capitol Buildings; or
(iii) may not transport on the Grounds
or in any of the Capitol Buildings
explosives or an incendiary device; or
(B) may not knowingly, with force and
violence, enter or remain on the floor of either
House of Congress.
(2) Violent entry and disorderly conduct.--An individual
or group of individuals may not willfully and knowingly--
(A) enter or remain on the floor of either
House of Congress or in any cloakroom or lobby
adjacent to that floor, in the Rayburn Room of
the House of Representatives, or in the Marble
Room of the Senate, unless authorized to do so
pursuant to rules adopted, or an authorization
given, by that House;
(B) enter or remain in the gallery of either
House of Congress in violation of rules
governing admission to the gallery adopted by
that House or pursuant to an authorization given
by that House;
(C) with the intent to disrupt the orderly
conduct of official business, enter or remain in
a room in any of the Capitol Buildings set aside
or designated for the use of--
(i) either House of Congress or a
Member, committee, officer, or employee of
Congress, or either House of Congress; or
(ii) the Library of Congress;
(D) utter loud, threatening, or abusive
language, or engage in disorderly or disruptive
conduct, at any place in the Grounds or in any
of the Capitol Buildings with the intent to
impede, disrupt, or disturb the orderly conduct
of a session of Congress or either House of
Congress, or the orderly conduct in that
building of a hearing before, or any
deliberations of, a committee of Congress or
either House of Congress;
(E) obstruct, or impede passage through or
within, the Grounds or any of the Capitol
Buildings;
(F) engage in an act of physical violence in
the Grounds or any of the Capitol Buildings; or
(G) parade, demonstrate, or picket in any of
the Capitol Buildings.
(3) Exemption of Government officials.--This subsection
does not prohibit any act performed in the lawful discharge
of official duties by--
(A) a Member of Congress;
(B) an employee of a Member of Congress;
(C) an officer or employee of Congress or a
committee of Congress; or
(D) an officer or employee of either House
of Congress or a committee of that House.
(f) Parades, Assemblages, and Display of Flags
Except as provided in section 5106 of this title, a
person may not--
(1) parade, stand, or move in processions or
assemblages in the Grounds; or
(2) display in the Grounds a flag, banner,
or device designed or adapted to bring into
public notice a party, organization, or
movement. (Act of July 31, 1946, ch. 707, 60
Stat. 718; Pub.L. 87-571, Aug. 6, 1962, 76 Stat.
307; Pub.L. 90-108, Sec. 1, Oct. 20, 1967, 81
Stat. 276; Pub.L. 107-217, Sec. 1, Aug. 21,
2002, 116 Stat. 1176; Pub.L. 110-161, Div. H,
Title I, Sec. 1004(d)(2)(A)(iii), Dec. 26, 2007,
121 Stat. 2234; Pub.L. 110-178, Sec.
4(b)(1)(C), Jan. 7, 2008, 121 Stat. 2552; Pub.L.
111-145, Sec. 6(d)(1), Mar. 4, 2010, 124 Stat.
54.)
1505 Sec. 5105. Assistance to authorities by Capitol employees.
Each individual employed in the service of the Federal
Government in the United States Capitol or within the United
States Capitol Grounds shall prevent, as far as may be in
the individual's power, a violation of a provision of this
chapter or section 9, 9A, 9B, 9C, or 14 of the Act of July
31, 1946. (Ch. 707, 60 Stat. 719, 720), and shall aid the
police in securing the arrest and conviction of the
individual violating the provision. (Act of July 31, 1946,
ch. 707, Sec. 10, 60 Stat. 719; Pub.L. 107-217, Sec. 1, Aug.
21, 2002, 116 Stat. 1178.)
1506 Sec. 5106. Suspension of prohibitions.
(a) Authority to Suspend
To allow the observance in the United States Capitol
Grounds of occasions of national interest becoming the
cognizance and entertainment of Congress, the President of
the Senate and the Speaker of the House of Representatives
concurrently may suspend any of the prohibitions contained
in sections 5103 and 5104 of this title that would prevent
the use of the roads and walks within the Grounds by
processions or assemblages, and the use in the Grounds of
suitable decorations, music, addresses, and ceremonies, if
responsible officers have been appointed and the President
and the Speaker determine that adequate arrangements have
been made to maintain suitable order and decorum in the
proceedings and to guard the United States Capitol and its
grounds from injury.
(b) Power to Suspend Prohibitions in Absence of President or
Speaker
If either the President or Speaker is absent from the
District of Columbia, the authority to suspend devolves on
the other officer. If both officers are absent, the
authority devolves on the Capitol Police Board.
(c) Authority of Mayor To Permit Use of Louisiana Avenue
Notwithstanding subsection (a) and section 5104(f) of
this title, the Capitol Police Board may grant the Mayor of
the District of Columbia authority to permit the use of
Louisiana Avenue for any of the purposes prohibited by
section 5104(f). (Act of July 31, 1946, ch. 707,
Sec. Sec. 11, 12, 60 Stat. 719; Pub.L. 107-217, Sec. 1, Aug.
21, 2002, 116 Stat. 1178.)
1507 Sec. 5107. Concerts on grounds.
Sections 5102, 5103, 5104(b)-(f), 5105, 5106, and 5109
of this title and sections 9, 9A, 9B, and 9C of the Act of
July 31, 1946 (ch. 707, 60 Stat. 719, 720), do not prohibit
a band in the service of the Federal Government from giving
concerts in the United States Capitol Grounds at times which
will not interfere with Congress and as authorized by the
Architect of the Capitol. (Act of July 31, 1946, ch. 707,
sec. 13, 60 Stat. 720; Pub.L. 107-217, Aug. 21, 2002, 116
Stat. 1178; Pub.L. 108-178, Sec. 3, Dec. 15, 2003, 117 Stat.
2640.)
1508 Sec. 5108. Audit of private organizations.
A private organization (except a political party or
committee constituted for the election of federal
officials), whether or not organized for profit and whether
or not any of its income inures to the benefit of any
person, that performs services or conducts activities in the
United States Capitol Buildings or Grounds is subject to a
special audit of its accounts for each year in which it
performs those services or conducts those activities. The
Comptroller General shall conduct the audit and report the
results of the audit to the Senate and the House of
Representatives. (Pub.L. 91-510, Title IV, Sec. 451(a), Oct.
26, 1970, 84 Stat. 1193; Pub.L. 107-217, Sec. 1, Aug. 21,
2002, 116 Stat. 1178.)
1509 Sec. 5109. Penalties.
(a) Firearms, Dangerous Weapons, Explosives, or Incendiary
Device Offenses
An individual or group violating section 5104(e)(1) of
this title, or attempting to commit a violation, shall be
fined under title 18, imprisoned for not more than five
years, or both.
(b) Other Offenses
A person violating section 5103 or 5104(b), (c), (d),
(e)(2), or (f) of this title, or attempting to commit a
violation, shall be fined under title 18, imprisoned for not
more than six months, or both.
(c) Procedure
(1) In general
An action for a violation of this chapter or
section 9, 9A, 9B, 9C or 14 of the Act of July
31, 1946 (ch. 707, 60 Stat. 719, 720), including
an attempt or a conspiracy to commit a
violation, shall be brought by the Attorney
General in the name of the United States. This
chapter and sections 9, 9A, 9B, 9C and 14 do not
supersede any provision of federal law or the
laws of the District of Columbia. Where the
conduct violating this chapter or section 9, 9A,
9B, 9C or 14 also violates federal law or the
laws of the District of Columbia, both
violations may be joined in a single action.
(2) Venue
An action under this section for a violation
of--
(A) section 5104(e)(1) of this title or
for conduct that constitutes a felony under
federal law or the laws of the District of
Columbia shall be brought in the United
States District Court for the District of
Columbia; and
(B) any other section referred to in
subsection (a) may be brought in the
Superior Court of the District of Columbia.
(3) Amount of penalty
The penalty which may be imposed on a person
convicted in an action under this subsection is
the highest penalty authorized by any of the
laws the defendant is convicted of violating.
(Act of July 31, 1946, ch. 707, Sec. 8, 60 Stat.
719; Pub.L. 87-571, Aug. 6, 1962, 76 Stat. 307;
Pub.L. 90-108, Sec. 1(c), Oct. 20, 1967, 81
Stat. 277; Pub.L. 107-217, Sec. 1, Aug. 21,
2002, 116 Stat. 1178.)
Part C.--Federal Building Complexes
Chapter 65.--THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING
1510 Sec. 6501. Definition.
In this chapter, the term ``Chief Justice'' means the
Chief Justice of the United States or the designee of the
Chief Justice, except that when there is a vacancy in the
office of the Chief Justice, the most senior associate
justice of the Supreme Court shall be deemed to be the Chief
Justice for purposes of this chapter until the vacancy is
filled. (Pub.L. 100-480, Sec. 10, Oct. 7, 1988, 102 Stat.
2335; Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat.
1188.)
1511 Sec. 6502. Thurgood Marshall Federal Judiciary Building.
(a) Establishment and Designation
There is a Federal Judiciary Building in Washington,
D.C., known and designated as the ``Thurgood Marshall
Federal Judiciary Building''.
(b) Title
(1) Squares 721 and 722.--Title to squares 721 and 722
remains in the Federal Government.
(2) Building.--Title to the Building and other
improvements constructed or otherwise made immediately
reverts to the Government at the expiration of not more than
30 years from the effective date of the lease agreement
referred to in section 6504 of this title without payment of
any compensation by the Government.
(c) Limitations
(1) Size of building.--The Building (excluding parking
facilities) may not exceed 520,000 gross square feet in size
above the level of Columbia Plaza in the District of
Columbia.
(2) Height of building.--The height of the Building and
other improvements shall be compatible with the height of
surrounding Government and historic buildings and conform to
the provisions of the Act of June 1, 1910 (ch. 263, 36 Stat.
452) (known as the Building Height Act of 1910).
(3) Design.--The Building and other improvements shall--
(A) be designed in harmony with historical
and Government buildings in the vicinity;
(B) reflect the symbolic importance and
historic character of the United States Capitol
and other buildings on the United States Capitol
Grounds; and
(C) represent the dignity and stability of
the Government.
(d) Approval of Chief Justice
All final decisions regarding architectural design of
the Building are subject to the approval of the Chief
Justice.
(e) Chilled Water and Steam From Capitol Power Plant
If the Building is connected with the Capitol Power
Plant, the Architect of the Capitol shall furnish chilled
water and steam from the Plant to the Building on a
reimbursable basis.
(f) Construction Standards
The Building and other improvements constructed under
this chapter shall meet all standards applicable to
construction of a federal building.
(g) Accounting System
The Architect shall maintain an accounting system for
operation and maintenance of the Building and other
improvements which will allow accurate projections of the
dates and cost of major repairs, improvements,
reconstructions, and replacements of the Building and
improvements and other capital expenditures on the Building
and improvements.
(h) Nonapplicability of Certain Laws
(1) Building codes, permits, or inspection.--The
Building is not subject to any law of the District of
Columbia relating to building codes, permits, or inspection,
including any such law enacted by Congress.
(2) Taxes.--The Building and other improvements
constructed under this chapter are not subject to any law of
the District of Columbia relating to real estate and
personal property taxes, special assessments, or other
taxes, including any such law enacted by Congress. (Pub.L.
100-480, Sec. Sec. 2-4, Oct. 7, 1988, 102 Stat. 2328-31;
Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1188.)
1512 Sec. 6503. Commission for the Judiciary Office Building.
(a) Establishment and Membership
There is a Commission for the Judiciary Office Building,
composed of the following 13 members or their designees:
(1) Two individuals appointed by the Chief Justice from
among justices of the Supreme Court and other judges of the
United States.
(2) The members of the House Office Building Commission.
(3) The majority leader and minority leader of the
Senate.
(4) The Chairman and the ranking minority member of the
Senate Committee on Rules and Administration.
(5) The Chairman and the ranking minority member of the
Senate Committee on Environment and Public Works.
(6) The Chairman and ranking minority member of the
Committee on Transportation and Infrastructure of the House
of Representatives.
(b) Quorum
Seven members of the Commission is a quorum.
(c) Duties
The Commission is responsible for the supervision of the
design, construction, operation, maintenance, structural,
mechanical, and domestic care, and security of the Thurgood
Marshall Federal Judiciary Building. The Commission shall
prescribe regulations to govern the actions of the Architect
of the Capitol under this chapter and to govern the use and
occupancy of all space in the Building. (Pub.L. 100-480,
Sec. 7, Oct. 7, 1988, 102 Stat. 2334; Pub.L. 107-217,
Sec. 1, Aug. 21, 2002, 116 Stat. 1189.)
1513 Sec. 6504. Lease of building.
(a) Lease Agreement
Under an agreement with the person selected to construct
the Thurgood Marshall Federal Judiciary Building, the
Architect of the Capitol shall lease the Building to carry
out the objectives of this chapter.
(b) Minimum Requirements of Lease Agreement
The agreement includes at a minimum the following:
(1) Limit on length of lease.--The Architect will lease
the Building and other improvements for not more than 30
years from the effective date of the agreement.
(2) Rental rate.--The rental rate per square foot of
occupiable space for all space in the Building and other
improvements will be in the best interest of the Federal
Government and will carry out the objectives of this
chapter. The aggregate rental rate for all space in the
Building and other improvements shall produce an amount at
least equal to the amount necessary to amortize the cost of
development of squares 721 and 722 in the District of
Columbia over the life of the lease.
(3) Authority to make space available and sublease
space.--The Architect may make space available and sublease
space in the Building and other improvements in accordance
with section 6506 of this title.
(4) Other terms and conditions.--The agreement contains
terms and conditions the Architect prescribes to carry out
the objectives of this chapter.
(c) Obligation of Amounts
Obligation of amounts for lease payments under this
section may only be made--
(1) on an annual basis; and
(2) from the account described in section
6507 of this title. (Pub.L. 100-480,
Sec. Sec. 3, 4, Oct. 7, 1988, 102 Stat. 2330,
2331; Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116
Stat. 1189.)
1514 Sec. 6505. Structural and mechanical care and security.
(a) Structural and Mechanical Care
The Architect of the Capitol, under the direction of the
Commission for the Judiciary Office Building--
(1) is responsible for the structural and mechanical
care and maintenance of the Thurgood Marshall Federal
Judiciary Building and improvements, including the care and
maintenance of the grounds of the Building, in the same
manner and to the same extent as for the structural and
mechanical care and maintenance of the Supreme Court
Building under section 6111 of this title; and
(2) shall perform all other duties and work required for
the operation and domestic care of the Building and
improvements.
(b) Security
(1) Capitol Police.--The United States Capitol Police--
(A) are responsible for all exterior
security of the Building and other improvements
constructed under this chapter; and
(B) may police the Building and other
improvements, including the interior and
exterior, and may make arrests within the
interior and exterior of the Building and other
improvements for any violation of federal or
state law or the laws of the District of
Columbia, or any regulation prescribed under any
of those laws.
(2) Marshal of the Supreme Court.--This chapter does not
interfere with the obligation of the Marshal of the Supreme
Court to protect justices, officers, employees, or other
personnel of the Supreme Court who may occupy the Building
and other improvements.
(3) Reimbursement.--The Architect shall transfer from
the account described in section 6507 of this title amounts
necessary to reimburse the United States Capitol Police for
expenses incurred in providing exterior security under this
subsection. The Capitol Police may accept amounts the
Architect transfers under this paragraph. Those amounts
shall be credited to the appropriation account charged by
the Capitol Police in carrying out security duties. (Pub.L.
100-480, Sec. 5, Oct. 7, 1988, 102 Stat. 2331; Pub.L. 102-
392, Title III, Sec. 311(a), Oct. 6, 1992, 106 Stat. 1723;
Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1190.)
1515 Sec. 6506. Allocation of space.
(a) Priority
(1) Judicial branch.--Subject to this section, the
Architect of the Capitol shall make available to the
judicial branch of the Federal Government all space in the
Thurgood Marshall Federal Judiciary Building and other
improvements constructed under this chapter. The space shall
be made available on a reimbursable basis and substantially
in accordance with the report referred to in section 3(b)(1)
of the Judiciary Office Building Development Act (Public Law
100-480, 102 Stat. 2330).
(2) Other Federal Governmental entities.--The Architect
may make available to Federal Governmental entities which
are not part of the judicial branch and which are not staff
of Members of Congress or congressional committees any space
in the Building and other improvements that the Chief
Justice decides is not needed by the judicial branch. The
space shall be made available on a reimbursable basis.
(3) Other persons.--If any space remains, the Architect
may sublease it pursuant to subsection (e), under the
direction of the Commission for the Judiciary Office
Building, to any person.
(b) Space for Judicial Branch and Other Federal Governmental
Entities
Space made available under subsection (a)(1) or (2) is
subject to--
(1) terms and conditions necessary to carry out the
objectives of this chapter; and
(2) reimbursement at the rate established under section
6504(b)(2) of this title plus an amount necessary to pay
each year for the cost of administering the Building and
other improvements (including the cost of operation,
maintenance, rehabilitation, security, and structural,
mechanical, and domestic care) that is attributable to the
space, with the amount to be determined by the Architect
and--
(A) in the case of the judicial branch, the
Director of the Administrative Office of the
United States Courts; or
(B) in the case of any federal governmental
entity not a part of the judicial branch, the
entity.
(c) Space for Judicial Branch
(1) Assignment of space within judicial branch.--The
Director may assign space made available to the judicial
branch under subsection (a)(1) among offices of the judicial
branch as the Director considers appropriate.
(2) Vacating occupied space.--When the Chief Justice
notifies the Architect that the judicial branch requires
additional space in the Building and other improvements, the
Architect shall accommodate those requirements within 90
days after the date of the notification, except that if the
space was made available to the Administrator of General
Services, it shall be vacated expeditiously by not later
than a date the Chief Justice and the Administrator agree
on.
(3) Unoccupied space.--The Chief Justice has the right
of first refusal to use unoccupied space in the Building to
meet the needs of the judicial branch.
(d) Lease by Architect
(1) Authority to lease.--Subject to approval by the
Committees on Appropriations of the House of Representatives
and the Senate, the House Office Building Commission, and
the Committee on Rules and Administration of the Senate, the
Architect may lease and occupy not more than 75,000 square
feet of space in the Building.
(2) Payments.--Payments under the lease shall be made on
vouchers the Architect approves. Necessary amounts may be
appropriated--
(A) to the Architect to carry out this
subsection, including amounts for acquiring and
installing furniture and furnishings; and
(B) to the Sergeant at Arms of the Senate to
plan for, acquire, and install
telecommunications equipment and services for
the Architect with respect to space leased under
this subsection.
(e) Subleased Space
(1) Rental rate.--Space subleased by the Architect under
subsection (a)(3) is subject to reimbursement at a rate
which is comparable to prevailing rental rates for similar
facilities in the area but not less than the rate
established under section 6504(b)(2) of this title plus an
amount the Architect and the person subleasing the space
agree is necessary to pay each year for the cost of
administering the Building (including the cost of operation,
maintenance, rehabilitation, security, and structural,
mechanical, and domestic care) that is attributable to the
space.
(2) Limitation.--A sublease under subsection (a)(3) must
be compatible with the dignity and functions of the judicial
branch offices housed in the Building and must not unduly
interfere with the activities and operations of the judicial
branch agencies housed in the Building. Sections 5104(c) and
5108 of this title do not apply to any space in the Building
and other improvements subleased to a non-Government tenant
under subsection (a)(3).
(3) Collection of rent.--The Architect shall collect
rent for space subleased under subsection (a)(3).
(f) Deposit of Rent and Reimbursements
Amounts received under subsection (a)(3) (including
lease payments and reimbursements) shall be deposited in the
account described in section 6507 of this title. (Pub.L.
100-480, Sec. 6, Oct. 7, 1988, 102 Stat. 2332; Pub.L. 102-
392, Title III, Sec. 318, Oct. 6, 1992, 106 Stat. 1724;
Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1190.)
1516 Sec. 6507. Account in Treasury.
(a) Establishment and Contents of Separate Account
There is a separate account in the Treasury. The account
includes all amounts deposited in the account under section
6506(f) of this title and amounts appropriated to the
account. However, the appropriated amounts may not be more
than $2,000,000.
(b) Use of Amounts
Amounts in the account are available to the Architect of
the Capitol--
(1) for paying expenses for structural,
mechanical, and domestic care, maintenance,
operation, and utilities of the Thurgood
Marshall Federal Judiciary Building and other
improvements constructed under this chapter;
(2) for reimbursing the United States
Capitol Police for expenses incurred in
providing exterior security for the Building and
other improvements;
(3) for making lease payments under section
6504 of this title; and
(4) for necessary personnel (including
consultants). (Pub.L. 100-480, Sec. 9, Oct. 7,
1988, 102 Stat. 2334; Pub.L. 102-392, Title III,
Sec. 311(b), Oct. 6, 1992, 106 Stat. 1723;
Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat.
1192.)
Chapter 89.--NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE
WORKS
1517 Sec. 8901. Purposes.
The purposes of this chapter are--
(1) to preserve the integrity of the
comprehensive design of the L'Enfant and
McMillan plans for the Nation's Capital;
(2) to ensure the continued public use and
enjoyment of open space in the District of
Columbia and its environs, and to encourage the
location of commemorative works within the urban
fabric of the District of Columbia;
(3) to preserve, protect and maintain the
limited amount of open space available to
residents of, and visitors to, the Nation's
Capital; and
(4) to ensure that future commemorative
works in areas administered by the National Park
Service and the Administrator of General
Services in the District of Columbia and its
environs--
(A) are appropriately designed,
constructed, and located; and
(B) reflect a consensus of the lasting
national significance of the subjects
involved. (Pub.L. 99-652, Sec. 2, Nov. 14,
1986, 100 Stat. 3650; Pub.L. 103-321,
Sec. 2(a), Aug. 26, 1994, 108 Stat. 1793;
Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116
Stat. 1227; Pub.L. 108-126, Sec. 203(a),
Nov. 17, 2003, 117 Stat. 1348.)
1518 Sec. 8902. Definitions and nonapplication.
(a) Definitions
In this chapter, the following definitions apply:
(1) Commemorative work.--The term
``commemorative work means any statue, monument,
sculpture, memorial, plaque, inscription, or
other structure or landscape feature, including
a garden or memorial grove, designed to
perpetuate in a permanent manner the memory of
an individual, group, event or other significant
element of American history, except that the
term does not include any such item which is
located within the interior of a structure or a
structure which is primarily used for other
purposes.
(2) The District of Columbia and its
Environs.--The term `the District of Columbia
and its environs' means those lands and
properties administered by the National Park
Service and the General Services Administration
located in the Reserve, Area I, and Area II as
depicted on the map entitled `Commemorative
Areas Washington, DC and Environs', numbered
869/86501 B, and dated June 24, 2003.
(3) Reserve.--The term `Reserve' means the
great cross-axis of the Mall, which generally
extends from the United States Capitol to the
Lincoln Memorial, and from the White House to
the Jefferson Memorial, as depicted on the map
referenced in paragraph (2).
(4) Sponsor.--The term `sponsor' means a
public agency, or an individual, group or
organization that is described in section
501(c)(3) of the Internal Revenue Code of 1986
and exempt from tax under section 501(a) of such
Code, and which is authorized by Congress to
establish a commemorative work in the District
of Columbia and its environs.
(b) Nonapplication
This chapter does not apply to commemorative works
authorized by a law enacted before January 3, 1985. (Pub.L.
99-652, Sec. Sec. 2, 10, Nov. 14, 1986, 100 Stat. 3650,
3654; Pub.L. 103-321, Sec. 2, Aug. 26, 1994, 108 Stat. 1793;
Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1227;
Pub.L. 108-126, Title II, Sec. 203(b), Nov. 17, 2003, 117
Stat. 1350.)
1519 Sec. 8903. Congressional authorization of commemorative
works.
(a) In General
Commemorative works--
(1) may be established on federal lands
referred to in section 8901(4) of this title
only as specifically authorized by law; and
(2) are subject to applicable provisions of
this chapter.
(b) Military Commemorative Works
A military commemorative work may be authorized only to
commemorate a war or similar major military conflict or a
branch of the armed forces. A commemorative work solely
commemorating a limited military engagement or a unit of an
armed force may not be authorized. Commemorative works to a
war or similar major military conflict may not be authorized
until at least 10 years after the officially designated end
of such war or conflict.
(c) Works Commemorating Events, Individuals, or Groups
A commemorative work commemorating an event, individual,
or group of individuals, except a military commemorative
work as described in subsection (b), may not be authorized
until after the 25th anniversary of the event, death of the
individual, or death of the last surviving member of the
group.
(d) Consultation With National Capital Memorial Advisory
Commission
In considering legislation authorizing commemorative
works in the District of Columbia and its environs, the
Committee on Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate
shall solicit the views of the National Capital Memorial
Advisory Commission.
(e) Expiration of Legislative Authority
Any legislative authority for a commemorative work shall
expire at the end of the seven-year period beginning on the
date of the enactment of such authority, or at the end of
the seven-year period beginning on the date of the enactment
of legislative authority to locate the commemorative work
within Area I, if such additional authority has been
granted, unless--
(1) the Secretary of the Interior or the
Administrator of General Services (as
appropriate) has issued a construction permit
for the commemorative work during that period;
or
(2) the Secretary or the Administrator (as
appropriate), in consultation with the National
Capital Memorial Advisory Commission, has made a
determination that--
(A) final design approvals have been
obtained from the National Capital Planning
Commission and the Commisssion of Fine Arts;
and
(B) 75 percent of the amount estimated
to be required to complete the commemorative
work has been raised.
If these two conditions have been met, the Secretary or
the Administrator (as appropriate) may extend the seven-year
legislative authority for a period not to exceed three
additional years. Upon expiration of the legislative
authority, any previous site and design approvals shall also
expire. (Pub.L. 103-321, Sec. 2, Aug. 26, 1994, 108 Stat.
1795; Pub.L. 104-186, Title II, Sec. 221, Aug. 20, 1996, 110
Stat. 1750; Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat.
1228; Pub.L. 108-126, Title II, Sec. 203(c), Nov. 17, 2003,
117 Stat. 1350.)
1520 Sec. 8904. National Capital Memorial Advisory Commission.
(a) Establishment and Composition
There is established the National Capital Memorial
Advisory Commission, which shall be composed of--
(1) the Director of the National Park
Service;
(2) the Architect of the Capitol;
(3) the Chairman of the American Battle
Monuments Commission;
(4) the Chairman of the Commission of Fine
Arts;
(5) the Chairman of the National Capital
Planning Commission;
(6) the Mayor of the District of Columbia;
(7) the Commissioner of the Public Buildings
Service of the General Services Administration;
and
(8) the Secretary of Defense.
(b) Chairman
The Director is the Chairman of the National Capital
Memorial Advisory Commission.
(c) Advisory Role
The National Capital Memorial Advisory Commission shall
advise the Secretary of the Interior and the Administrator
of General Services as appropriate on policy and procedures
for establishment of, and proposals to establish,
commemorative works in the District of Columbia and its
environs and on other matters concerning commemorative works
in the Nation's Capital as the Commission considers
appropriate.
(d) Meetings
The National Capital Memorial Advisory Commission shall
meet at least twice annually. (Pub.L. 99-652, Sec. 4, Nov.
14, 1986, 100 Stat. 3651; Pub.L. 107-217, Sec. 1, Aug. 21,
2002, 116 Stat. 1229; Pub.L. 108-126, Title II, Sec. 203(d),
Nov. 17, 2003, 117 Stat. 1351.)
1521 Sec. 8905. Site and design approval.
(a) Consultation on, and Submission of, Proposals
A sponsor authorized by law to establish a commemorative
work in the District of Columbia and its environs may
request a permit for construction of the commemorative work
only after the following requirements are met:
(1) Consultation.--The sponsor must consult
with the National Capital Memorial Advisory
Commission regarding the selection of
alternative sites and design concepts for the
commemorative work.
(2) Submittal.--Following consultation in
accordance with clause (1), the Secretary of the
Interior or the Administrator of General
Services, as appropriate, must submit, on behalf
of the person, site and design proposals to the
Commission of Fine Arts and the National Capital
Planning Commission for their approval.
(b) Decision Criteria
In considering site and design proposals, the Commission
of Fine Arts, National Capital Planning Commission, and the
Secretary or Administrator (as appropriate) shall be guided
by, but not limited by, the following criteria:
(1) Surroundings.--To the maximum extent
possible, a commemorative work shall be located
in surroundings that are relevant to the subject
of the work.
(2) Location.--A commemorative work shall be
located so that--
(A) it does not interfere with, or
encroach on, an existing commemorative work;
and
(B) to the maximum extent practicable,
it protects open space, existing public use,
and cultural and natural resources.
(3) Material.--A commemorative work shall be
constructed of durable material suitable to the
outdoor environment.
(4) Landscape features.--Landscape features
of commemorative works shall be compatible with
the climate.
(5) Museums.--No commemorative work
primarily designed as a museum may be located on
lands under the jurisdiction of the Secretary in
Area I or in East Potomac Park as depicted on
the map referenced in section 8902(2).
(6) Site-specific guidelines.--The National
Capital Planning Commission and the Commission
of Fine Arts may develop such criteria or
guidelines specific to each site that are
mutually agreed upon to ensure that the design
of the commemorative work carries out the
purposes of this chapter.
(7) Donor contributions.--Donor
contributions to commemorative works shall not
be acknowledged in any manner as part of the
commemorative work or its site. (Pub.L. 99-652,
Sec. 7, Nov. 14, 1986, 100 Stat. 3652; Pub.L.
103-321, Sec. 2(d), Aug. 26, 1994, 108 Stat.
1794; Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116
Stat. 1229; Pub.L. 108-126, Title II,
Sec. Sec. 203(e), 204, Nov. 17, 2003, 117 Stat.
1351, 1352.)
1522 Sec. 8906. Criteria for issuance of construction permit.
(a) Criteria for Issuing Permit
Before issuing a permit for the construction of a
commemorative work in the District of Columbia and its
environs, the Secretary of the Interior or Administrator of
General Services, as appropriate, shall determine that--
(1) the site and design have been approved
by the Secretary or Administrator, the National
Capital Planning Commission and the Commission
of Fine Arts;
(2) knowledgeable individuals qualified in
the field of preservation and maintenance have
been consulted to determine structural soundness
and durability of the commemorative work and to
ensure that the commemorative work meets high
professional standards;
(3) the sponsor authorized to construct the
commemorative work has submitted contract
documents for construction of the commemorative
work to the Secretary or Administrator; and
(4) the sponsor authorized to construct the
commemorative work has available sufficient
amounts to complete construction of the project.
(b) Donation for Perpetual Maintenance and Preservation
(1) In addition to the criteria described in subsection
(a), no construction permit shall be issued unless the
sponsor authorized to construct the commemorative work has
donated an amount equal to 10 percent of the total estimated
cost of construction to offset the costs of perpetual
maintenance and preservation of the commemorative work. All
such amounts shall be available for those purposes pursuant
to the provisions of this subsection. The provisions of this
subsection shall not apply in instances when the
commemorative work is constructed by a Department or agency
of the Federal Government and less than 50 percent of the
funding for such work is provided by private sources.
(2) Notwithstanding any other provision of law, money on
deposit in the Treasury on the date of enactment of the
Commemorative Works Clarification and Revision Act of 2003
provided by a sponsor for maintenance pursuant to this
subsection shall be credited to a separate account in the
Treasury.
(3) Money provided by a sponsor pursuant to the
provisions of this subsection after the date of enactment of
the Commemorative Works Clarification and Revision Act of
2003 shall be credited to a separate account with the
National Park Foundation.
(4) Upon request of the Secretary or Administrator (as
appropriate), the Secretary of the Treasury or the National
Park Foundation shall make all or a portion of such moneys
available to the Secretary or the Administrator (as
appropriate) for the maintenance of a commemorative work.
Under no circumstances may the Secretary or Administrator
request funds from a separate account exceeding the total
money in the account established under paragraph (2) or (3).
The Secretary and the Administrator shall maintain an
inventory of funds available for such purposes. Funds
provided under this paragraph shall be available without
further appropriation and shall remain available until
expended.
(c) Suspension for Misrepresentation in Fundraising
The Secretary of the Interior or Administrator may
suspend any activity under this chapter that relates to the
establishment of a commemorative work if the Secretary or
Administrator determines that fundraising efforts relating
to the work have misrepresented an affiliation with the work
or the Federal Government.
(d) Annual Report
The person authorized to construct a commemorative work
under this chapter must submit to the Secretary of the
Interior or Administrator an annual report of operations,
including financial statements audited by an independent
certified public accountant. The person shall pay for the
report. (Pub.L. 99-652, Sec. 8, Nov. 14, 1986, 100 Stat.
3652; Pub.L. 103-321, Sec. 2(e), Aug. 26, 1994, 108 Stat.
1794; Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1230;
Pub.L. 108-126, Title II, Sec. 203(f), Nov. 17, 2003, 117
Stat. 1351.)
1523 Sec. 8907. Temporary site designation.
(a) Criterion for designation
If the Secretary of the Interior, in consultation with
the National Capital Memorial Commission, determines that a
site where commemorative works may be displayed on a
temporary basis is necessary to aid in the preservation of
the limited amount of open space available to residents of,
and visitors to, the Nation's Capital, a site may be
designated on land the Secretary administers in the District
of Columbia.
(b) Plan
A designation may be made under subsection (a) only if,
at least 120 days before the designation, the Secretary, in
consultation with the Commission, prepares and submits to
Congress a plan for the site. The plan shall include
specifications for the location, construction, and
administration of the site and criteria for displaying
commemorative works at the site.
(c) Risk and agreement to indemnify
A commemorative work displayed at the site shall be
installed, maintained, and removed at the sole expense and
risk of the person authorized to display the work. The
person shall agree to indemnify the United States for any
liability arising from the display of the commemorative work
under this section. (Pub.L. 103-321, Sec. 2(f), Aug. 26,
1994, 108 Stat. 1795; Pub.L. 107-271, Sec. 1, Aug. 21, 2002,
116 Stat. 1231.)
1524 Sec. 8908. Areas I and II.
(a) Availability of map
The Secretary of the Interior or the Administrator of
General Services (as appropriate) shall make available, for
public inspection at appropriate offices of the National
Park Service and the General Services Administration, the
map entitled ``Commemorative Areas, Washington, D.C. and
Environs,'' numbered 869/86501B, and dated June 24, 2003.
(b) Specific conditions applicable to Area I and Area II
(1) Area I.--After seeking the advice of the National
Capital Memorial Commission, the Secretary or Administrator,
as appropriate, may recommend the location of a
commemorative work in Area I only if the Secretary or
Administrator decides that the subject of the commemorative
work is of preeminent historical and lasting significance to
the United States. The Secretary or Administrator shall
notify the Commission, the Committee on House Administration
of the House of Representatives, and the Committee on Energy
and Natural Resources of the Senate of the recommendation
that a commemorative work should be located in Area I. The
location of a commemorative work in Area I is deemed to be
authorized only if the recommendation is approved by law not
later than 150 calendar days after the notification.
(2) Area II.--Commemorative works of subjects of lasting
historical significance to the American people may be
located in Area II.
(c) Reserve
After the date of enactment of the Commemorative Works
Clarification and Revision Act of 2003, no commemorative
work or visitor center shall be located within the Reserve.
(Pub.L. 99-652, Sec. Sec. 5, 6, Nov. 14, 1986, 100 Stat.
3651; Pub.L. 103-321, Sec. 2, Aug. 26, 1994, 108 Stat. 1794;
Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1231;
Pub.L. 108-126, Title II, Sec. Sec. 202(b), 203(g), Nov. 17,
2003, 117 Stat. 1349, 1352.)
1525 Sec. 8909. Administrative.
(a) Maintenance of documentation of design and construction
Complete documentation of design and construction of
each commemorative work located in the District of Columbia
and its environs shall be provided to the Secretary of the
Interior or Administrator of General Services, as
appropriate, and shall be permanently maintained in the
manner provided by law.
(b) Responsibility for maintenance of completed work
On completion of any commemorative work in the District
of Columbia and its environs, the Secretary or
Administrator, as appropriate, shall assume responsibility
for maintaining the work.
(c) Regulations or standards
The Secretary and Administrator shall prescribe
appropriate regulations or standards to carry out this
chapter. (Pub.L. 99-652, Sec. 10, Nov. 14, 1986, 100 Stat.
3654; Pub.L. 103-321, Sec. 2, Aug. 26, 1994, 108 Stat. 1795;
Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1231.)
41 u.s.c.--public contracts
general and permanent laws relating to the senate
TITLE 41.--PUBLIC CONTRACTS
Chapter 1.--GENERAL PROVISIONS
1550 Sec. 6a-1. Architect of the Capitol, exception from
advertisement requirements.
On and after July 27, 1965, the purchase of supplies and
equipment and the procurement of services for all branches
under the Architect of the Capitol may be made in the open
market without compliance with section 5 of this title in
the manner common among businessmen, when the aggregate
amount of the purchase or the service does not exceed
$25,000 in any instance. (As amended Pub.L. 93-356, Sec. 2,
July 25, 1974, 88 Stat. 390; Pub.L. 98-191 Sec. 9(c), Dec.
1, 1983, 98 Stat. 1332.)
1551 Sec. 6a-2. Architect of the Capitol, authority for personal
services contracts with legal entities.
Notwithstanding any other provision of law, the
Architect of the Capitol is authorized to contract for
personal services with any firm, partnership, corporation,
association, or other legal entity in the same manner as he
is authorized to contract for personal services with
individuals under the provisions of section 5 of this title.
(Pub.L. 96-558, Dec. 19, 1980, 94 Stat. 3263.)
1552 Sec. 22. Interest of Member of Congress.
No member of Congress shall be admitted to any share or
part of any contract or agreement made, entered into, or
accepted by or on behalf of the United States, or to any
benefit to arise thereupon. Nor shall the provisions of this
section apply to any contracts or agreements heretofore or
hereafter entered into under the Agricultural Adjustment Act
[7 U.S.C.A. Sec. 601 et seq.], the Federal Farm Loan Act,
the Emergency Farm Mortgage Act of 1933, the Federal Farm
Mortgage Corporation Act, the Farm Credit Act of 1933, and
the Home Owners' Loan Act of 1933 [12 U.S.C.A. Sec. 1461 et
seq.], and shall not apply to contracts or agreements of a
kind which the Secretary of Agriculture may enter into with
farmers: Provided, That such exemption shall be made a
matter of public record. (R.S. Sec. 3741; Feb. 27, 1877, ch.
69, Sec. 1, 19 Stat. 249; Jan. 25, 1934, ch. 5, 48 Stat.
337; June 27, 1934, ch. 847, Title V, Sec. 510, 48 Stat.
1264; Aug. 26, 1937, ch. 821, 50 Stat. 838; Oct. 13, 1994,
Pub.L. 103-355, Sec. 6004, 108 Stat. 3364; Pub.L. 104-106,
Div. D, Title XLIII, Sec. 4321(i)(12), 110 Stat. 676.)
42 u.s.c.--the public health welfare
general and permanent laws relating to the senate
TITLE 42.--THE PUBLIC HEALTH AND WELFARE
Chapter 126.--EQUAL OPPORTUNITY FOR INDIVIDUALS WITH
DISABILITIES
* * * * * * *
1575 Sec. 12209. Instrumentalities of Congress.
The Government Accountability Office, the Government
Printing Office, and the Library of Congress shall be
covered as follows:
(1) In general
The rights and protections under this
chapter shall, subject to paragraph (2),
apply with respect to the conduct of each
instrumentality of the Congress.
(2) Establishment of remedies and procedures
by instrumentalities
The chief official of each
instrumentality of the Congress shall
establish remedies and procedures to be
utilized with respect to the rights and
protections provided pursuant to paragraph
(1).
(3) Report to Congress
The chief official of each
instrumentality of the Congress shall, after
establishing remedies and procedures for
purposes of paragraph (2), submit to the
Congress a report describing the remedies
and procedures.
(4) Definition of instrumentalities
For purposes of this section, the term
``instrumentality of the Congress'' means
the following: the Government Accountability
Office, the Government Printing Office, and
the Library of Congress.
(5) Enforcement of employment rights
The remedies and procedures set forth in
section 717 of the Civil Rights Act of 1964
(42 U.S.C. 2000e-16) shall be available to
any employee of an instrumentality of the
Congress who alleges a violation of the
rights and protections under sections 102
through 104 of this Act that are made
applicable by this section, except that the
authorities of the Equal Employment
Opportunity Commission shall be exercised by
the chief official of the instrumentality of
the Congress.
(6) Enforcement of rights to public services
and accommodations
The remedies and procedures set forth in
section 717 of the Civil Rights Act of 1964
(42 U.S.C. 2000e-16) shall be available to
any qualified person with a disability who
is a visitor, guest, or patron of an
instrumentality of Congress and who alleges
a violation of the rights and protections
under sections 201 through 230 or section
302 or 303 of this Act that are made
applicable by this section, except that the
authorities of the Equal Employment
Opportunity Commission shall be exercised by
the chief official of the instrumentality of
the Congress.
(7) Construction.
Nothing in this section shall alter the
enforcement procedures for individuals with
disabilities provided in the General
Accounting Office Personnel Act of 1980 [31
U.S.C.A. Sec. 731 et seq.] and regulations
promulgated pursuant to that Act. (Pub.L.
101-336, Title V, Sec. 509, July 26, 1990,
104 Stat. 373; Pub.L. 102-166, Title III,
Sec. 315, Nov. 21, 1991, 105 Stat. 1095;
Pub.L. 104-1, Sec. 201, Jan. 23, 1995, 109
Stat. 8, 16; Pub.L. 108-271, Sec. 8(b), July
7, 2004, 118 Stat. 814.)
44 u.s.c.--public printing and documents
general and permanent laws relating to the senate
TITLE 44.--PUBLIC PRINTING AND DOCUMENTS
Chapter 1.--JOINT COMMITTEE ON PRINTING
1600 Sec. 101. Joint Committee on Printing: membership.
The Joint Committee on Printing shall consist of the
chairman and four members of the Committee on Rules and
Administration of the Senate and the chairman and four
members of the Committee on House Oversight of the House of
Representatives. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat.
1238; Pub.L. 97-4, Feb. 17, 1981, 95 Stat. 6; Pub.L. 104-
186, Title II, Sec. 223(1), Aug. 20, 1996, 110 Stat. 1751.)
1601 Sec. 102. Joint Committee on Printing: succession; powers
during recess.
The members of the Joint Committee on Printing who are
reelected to the succeeding Congress shall continue as
members of the committee until their successors are chosen.
The President of the Senate and the Speaker of the House of
Representatives shall, on the last day of a Congress,
appoint members of their respective Houses who have been
elected to the succeeding Congress to fill vacancies which
may then be about to occur on the Committee, and the
appointees and members of the Committee who have been
reelected shall continue until their successors are chosen.
When Congress is not in session, the Joint Committee may
exercise all its powers and duties as when Congress is in
session. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1238.)
1602 Sec. 103. Joint Committee on Printing: remedial powers.
The Joint Committee on Printing may use any measures it
considers necessary to remedy neglect, delay, duplication,
or waste in the public printing and binding and the
distribution of Government publications. (Pub.L. 90-620,
Oct. 2, 1968, 82 Stat. 1239.)
Chapter 3.--GOVERNMENT PRINTING OFFICE
1603 Sec. 301. Public Printer: appointment.
The President of the United States shall nominate and,
by and with the advice and consent of the Senate, appoint a
suitable person, who must be a practical printer and versed
in the art of bookbinding, to take charge of and manage the
Government Printing Office. His title shall be Public
Printer. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1239;
Pub.L. 92-310, Sec. 210(a) (1), (2), June 6, 1972, 86 Stat.
204.)
1604 Sec. 302. Deputy Public Printer: appointment; duties.
The Public Printer shall appoint a suitable person, who
must be a practical printer and versed in the art of
bookbinding, to be the Deputy Public Printer. He shall
perform the duties formerly required of the chief clerk,
supervise the buildings occupied by the Government Printing
Office, and perform any other duties required of him by the
Public Printer. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat.
1239.)
1605 Sec. 303. Public Printer and Deputy Public Printer: pay.
The annual rate of pay for the Public Printer shall be a
rate which is equal to the rate for level II of the
Executive Schedule under subchapter II of chapter 53 of
title 5. The annual rate of pay for the Deputy Public
Printer shall be a rate which is equal to the rate for level
III of such Executive Schedule. (Pub.L. 90-620, Oct. 22,
1968, 82 Stat. 1239; Pub.L. 94-82, Sec. 204(c)(1), Aug. 9,
1975, 89 Stat. 421; Pub.L. 101-520, Title II, Sec. 209, Nov.
5, 1990, 104 Stat. 2274; Pub.L. 108-83, Title I, Sec. 1301,
Sept. 30, 2003, 117 Stat. 1033.)
1606 Sec. 304. Public Printer: vacancy in office.
In case of the death, resignation, absence, or sickness
of the Public Printer, the Deputy Public Printer shall
perform the duties of the Public Printer until a successor
is appointed or his absence or sickness ceases; but the
President may direct any other officer of the Government,
whose appointment is vested in the President by and with the
advice and consent of the Senate, to perform the duties of
the vacant office until a successor is appointed, or the
sickness or absence of the Public Printer ceases. A vacancy
occasioned by death or resignation may not be filled
temporarily under this section for longer than ten days, and
a temporary appointment, designation, or assignment of
another officer may not be made except to fill a vacancy
happening during a recess of the Senate. (Pub.L. 90-620,
Oct. 22, 1968, 82 Stat. 1239.)
1607 Sec. 305. Public Printer: employees; pay.
(a) The Public Printer may employ journeymen,
apprentices, laborers, and other persons necessary for the
work of the Government Printing Office at rates of wages and
salaries, including compensation for night and overtime
work, he considers for the interest of the Government and
just to the persons employed, except as otherwise provided
by this section. He may not employ more persons than the
necessities of the public work require nor more than four
hundred apprentices at one time. The minimum pay of
journeymen printers, pressmen, and bookbinders employed in
the Government Printing Office shall be at the rate of 90
cents an hour for the time actually employed. Except as
provided by the preceding part of this section the rate of
wages, including compensation for night and overtime work,
for more than ten employees of the same occupation shall be
determined by a conference between the Public Printer and a
committee selected by the trades affected, and the rates and
compensation so agreed upon shall become effective upon
approval by the Joint Committee on Printing. When the Public
Printer and the committee representing a trade fail to agree
as to wages, salaries, and compensation, either party may
appeal to the Joint Committee on Printing, and the decision
of the Joint Committee is final. The wages, salaries, and
compensation so determined are not subject to change oftener
than once a year.
(b) The Public Printer may grant an employee paid on an
annual basis compensatory time off from duty instead of
overtime pay for overtime work. (Pub.L. 90-620, Oct. 22,
1968, 82 Stat. 1240; Pub.L. 91-167, Dec. 26, 1969, 83 Stat.
453; Pub.L. 91-369, July 31, 1970, 84 Stat. 693.)
Chapter 5.--PRODUCTION AND PROCUREMENT OF PRINTING AND
BINDING
1608 Sec. 501. Government printing, binding, and blank-book work
to be done at Government Printing Office.
All printing, binding, and blank-book work for Congress,
the Executive Office, the Judiciary, other than the Supreme
Court of the United States, and every executive department,
independent office and establishment of the Government,
shall be done at the Government Printing Office, except--
(1) classes of work the Joint Committee on
Printing considers to be urgent or necessary to
have done elsewhere; and
(2) printing in field printing plants
operated by an executive department, independent
office or establishment, and the procurement of
printing by an executive department, independent
office or establishment from allotments for
contract field printing, if approved by the
Joint Committee on Printing.
Printing or binding may be done at the Government
Printing Office only when authorized by law. (Pub.L. 90-620,
Oct. 22, 1968, 82 Stat. 1243.) (Note: See Immigration and
Naturalization Service v. Chadha (1983; 462 U.S. 919; 103
S.Ct. 2764) relating to similar legislative veto provisions
found unconstitutional.)
1609 Sec. 502. Procurement of printing, binding, and blank-book
work by Public Printer.
Printing, binding, and blank-book work authorized by
law, which the Public Printer is not able or equipped to do
at the Government Printing Office, may be produced elsewhere
under contracts made by him with the approval of the Joint
Committee on Printing. (Pub.L. 90-620, Oct. 22, 1968, 82
Stat. 1243.) (Note: See Immigration and Naturalization
Service v. Chadha (1983; 462 U.S. 919; 103 S.Ct. 2764)
relating to similar legislative veto provisions found
unconstitutional.)
1610 Sec. 506. Time for printing documents or reports which
include illustrations or maps.
A document or report to be illustrated or accompanied by
maps may not be printed by the Public Printer until the
illustrations or maps designed for it are ready for
publication. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1244.)
1611 Sec. 507. Orders for printing to be acted upon within one
year.
An order for public printing may not be acted upon by
the Public Printer after the expiration of one year unless
the entire copy and illustrations for the work have been
furnished within that period. (Pub.L. 90-620, Oct. 22, 1968,
82 Stat. 1244.)
1612 Sec. 508. Annual estimates of quantity of paper required for
public printing and binding.
At the beginning of each session of Congress, the Public
Printer shall submit to the Joint Committee on Printing
estimates of the quantity of paper of all descriptions
required for the public printing and binding during the
ensuing year. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1244.)
Chapter 7.--CONGRESSIONAL PRINTING AND BINDING
1613 Sec. 701. ``Usual number'' of documents and reports;
distribution of House and Senate documents and reports;
binding; reports on private bills; number of copies
printed; distribution.\1\
(a) The order by either House of Congress to print a
document or report shall signify the ``usual number'' of
copies for binding and distribution among those entitled to
receive them. A greater number may not be printed unless
ordered by either House, or as provided by this section.
When a special number of a document or report is ordered
printed, the usual number shall also be printed, unless
already ordered.
\1\The number of copies to be printed or the
distribution thereof as specified in sections 701, 706,
713, 721, 723, 726, 906, 1339, and 1718 of title 44,
United States Code, have been changed by the Joint
Committee on Printing under authority of section 103 of
title 44 (Senate Manual section 1602), or as a result of
sequestrations of funds mandated by Pub.L. 99-177, the
Balanced Budget and Emergency Deficit Control Act of
1985. For current regulations, consult the Joint
Committee on Printing.
(b) The ``usual number'' of documents and reports shall
be one thousand six hundred and eighty-two copies, which
shall be printed at one time and distributed as follows:
Of the House documents and reports,
unbound.--to the Senate document room, one
hundred and fifty copies; to the office of the
Secretary of the Senate, ten copies; to the
House document room, not to exceed five hundred
copies; to the office of the Clerk of the House
of Representatives, twenty copies; to the
Library of Congress, ten copies, as provided by
section 1718 of this title.
Of the Senate documents and reports,
unbound.--to the Senate document room, two
hundred and twenty copies; office of the
Secretary of the Senate, ten copies; to the
House document room, not to exceed five hundred
copies; to the Clerk's office of the House of
Representatives, ten copies; to the Library of
Congress, ten copies, as provided by section
1718 of this title.
(c) Of the number printed, the Public Printer shall bind
a sufficient number of copies for distribution as follows:
Of the House documents and reports, bound.--
to the Senate library, fifteen copies; to the
Library of Congress, not to exceed one hundred
and fifty copies, as provided by section 1718 of
this title; to the House of Representatives
library, fifteen copies; to the Superintendent
of Documents, as many copies as are required for
distribution to the State libraries and
designated depositories.
Of the Senate documents and reports,
bound.--to the Senate library, fifteen copies;
to the Library of Congress, copies as provided
by sections 1718 and 1719 of this title; to the
House of Representatives library, fifteen
copies; to the Superintendent of Documents, as
many copies as may be required for distribution
to State libraries and designated depositories.
In binding documents the Public Printer shall
give precedence to those that are to be
distributed to libraries and to designated
depositories. But a State library or designated
depository entitled to documents that may prefer
to have its documents in unbound form, may do so
by notifying the Superintendent of Documents to
that effect prior to the convening of each
Congress.
(d) The usual number of reports on private bills,
concurrent or simple resolutions, may not be printed.
Instead there shall be printed of each Senate report on a
private bill, simple or concurrent resolution, in addition
to those required to be furnished the Library of Congress,
three hundred and forty-five copies, which shall be
distributed as follows: to the Senate document room, two
hundred and twenty copies; to the Secretary of the Senate,
fifteen copies; to the House document room, one hundred
copies; to the Superintendent of Documents, ten copies; and
of each House report on a private bill, simple or concurrent
resolution, in addition to those for the Library of
Congress, two hundred and sixty copies, which shall be
distributed as follows: to the Senate document room, one
hundred and thirty-five copies; to the Secretary of the
Senate, fifteen copies; to the House document room, one
hundred copies; to the Superintendent of Documents, ten
copies.
This section does not prevent the binding of all Senate
and House reports in the reserve volumes bound for and
delivered to the Senate and House libraries, nor abridge the
right of the Vice President, Senators, Representatives,
Resident Commissioner, Secretary of the Senate, and Clerk of
the House to have bound in half morocco, or material not
more expensive, one copy of every public document to which
he may be entitled. At least twelve copies of each report on
bills for the payment or adjudication of claims against the
Government shall be kept on file in the Senate document
room. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1246.)
Cross Reference
Distribution of Government publications to Library of
Congress, see section 1718 of this title (Senate Manual
section 1668).
1614 Sec. 702. Extra copies of documents and reports.
Copies in addition to the ``usual number'' of documents
and reports shall be printed promptly when ready for
publication, and may be bound in paper or cloth as the Joint
Committee on Printing directs. (Pub.L. 90-620, Oct. 22,
1968, 82 Stat. 1247.)
1615 Sec. 703. Printing extra copies.
Orders for printing copies in addition to the ``usual
number'', otherwise than provided for by this section, shall
be by simple, concurrent, or joint resolution. Either House
may print extra copies to the amount of $1,200 by simple
resolution; if the cost exceeds that sum, the printing shall
be ordered by concurrent resolution, unless the resolution
is self-appropriating, when it shall be by joint resolution.
Resolutions, when presented to either House, shall be
referred to the Committee on House Oversight of the House of
Representatives or the Committee on Rules and Administration
of the Senate, who, in making their report, shall give the
probable cost of the proposed printing upon the estimate of
the Public Printer; and extra copies may not be printed
before the committee has reported. The printing of
additional copies may be performed upon orders of the Joint
Committee on Printing within a limit of $700 in cost in any
one instance. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1247;
Pub.L. 104-186, Title II, Sec. 223(2), Aug. 20, 1996, 110
Stat. 1751.)
1616 Sec. 704. Reprinting bills, laws, and reports from
committees not exceeding fifty pages.
When the supply is exhausted, the Secretary of the
Senate and the Clerk of the House of Representatives may
order the reprinting of not more than one thousand copies of
a pending bill, resolution, or public law, not exceeding
fifty pages, or a report from a committee or congressional
commission on pending legislation not accompanied by
testimony or exhibits or other appendices and not exceeding
fifty pages. The Public Printer shall require each
requisition for reprinting to cite the specific authority of
law for its execution. (Pub.L. 90-620, Oct. 22, 1968, 82
Stat. 1248.)
1617 Sec. 705. Duplicate orders to print.
The Public Printer shall examine the orders of the
Senate and House of Representatives for printing, and in
case of duplication shall print under the first order
received. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1248.)
1618 Sec. 706. Bills and resolutions: number and distribution.\1\
There shall be printed of each Senate and House public
bill and joint resolution six hundred and twenty-five
copies, which shall be distributed as follows:
\1\See footnote to Senate Manual section 1613.
to the Senate document room, two hundred and
twenty-five copies;
to the office of Secretary of Senate,
fifteen copies;
to the House document room, three hundred
and eighty-five copies.
There shall be printed of each Senate private bill, when
introduced, when reported, and when passed, three hundred
copies, which shall be distributed as follows:
to the Senate document room, one hundred and
seventy copies;
to the Secretary of the Senate, fifteen
copies;
to the House document room, one hundred
copies;
to the Superintendent of Documents, ten
copies.
There shall be printed of each House private bill, when
introduced, when reported, and when passed, two hundred and
sixty copies, which shall be distributed as follows:
to the Senate document room, one hundred and
thirty-five copies;
to the Secretary of the Senate, fifteen
copies;
to the House document room, one hundred
copies;
to the Superintendent of Documents, ten
copies.
Bills and resolutions shall be printed in bill form,
and, unless specially ordered by either House shall be
printed only when referred to a committee, when favorably
reported back, and after their passage by either House.
Of concurrent and simple resolutions, when reported, and
after their passage by either House, only two hundred and
sixty copies shall be printed, except by special order, and
shall be distributed as follows:
to the Senate document room, one hundred and
thirty-five copies;
to the Secretary of the Senate, fifteen
copies;
to the House document room, one hundred
copies;
to the Superintendent of Documents, ten
copies. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat.
1248.)
1619 Sec. 707. Bills and resolutions: style and form.
Subject to sections 205 and 206 of Title 1, the Joint
Committee on Printing may authorize the printing of a bill
or resolution, with index and ancillaries, in the style and
form the Joint Committee on Printing considers most suitable
in the interest of economy and efficiency, and to so
continue until final enactment in both Houses of Congress.
The committee may also curtail the number of copies of bills
or resolutions, including the slip form of a public Act or
public resolution. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat.
1248.)
1620 Sec. 708. Bills and resolutions: binding sets for Congress.
The Public Printer shall bind four sets of Senate and
House of Representatives bills, joint and concurrent
resolutions of each Congress, two for the Senate and two for
the House, to be furnished him from the files of the Senate
and House document room, the volumes when bound to be kept
there for reference. (Pub.L. 90-620, Oct 22, 1968, 82 Stat.
1249.)
1621 Sec. 709. Public and private laws, postal conventions, and
treaties.
The Public Printer shall print in slip form copies of
public and private laws, postal conventions, and treaties,
to be charged to the congressional allotment for printing
and binding. The Joint Committee on Printing shall control
the number and distribution of copies. (Pub.L. 90-620, Oct
22, 1968, 82 Stat. 1249.)
1622 Sec. 711. Printing Acts, joint resolutions, and treaties.
The Public Printer, on receiving from the Archivist of
the United States a copy of an Act or joint resolution, or
from the Secretary of State, a copy of a treaty, shall print
an accurate copy and transmit it in duplicate to the
Archivist of the United States or to the Secretary of State,
as the case may be, for revision. On the return of one of
the revised duplicates, he shall make the marked corrections
and print the number specified by section 709 of this title.
(Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1249; Pub.L. 98-497,
Title I, Sec. 107(b)(1), Oct. 19, 1984, 98 Stat. 2286.)
1623 Sec. 713. Journals of Houses of Congress.\1\
There shall be printed of the Journals of the Senate and
House of Representatives eight hundred and twenty copies,
which shall be distributed as follows:
\1\See footnote to Senate Manual section 1613.
to the Senate document room, ninety copies
for distribution to Senators, and twenty-five
additional copies;
to the Senate library, ten copies;
to the House document room, three hundred
and sixty copies for distribution to Members,
and twenty-five additional copies;
to the Department of State, four copies;
to the Superintendent of Documents, one
hundred and forty-four copies to be distributed
to three libraries in each of the States to be
designated by the Superintendent of Documents;
and
to the library of the House of
Representatives, ten copies.
The remaining number of the Journals of the Senate and House
of Representatives, consisting of twenty-five copies, shall
be furnished to the Secretary of the Senate and the Clerk of
the House of Representatives, respectively, as the
necessities of their respective offices require, as rapidly
as signatures are completed for distribution. (Pub.L. 90-
620, Oct. 22, 1968, 82 Stat. 1249; Pub.L. 97-164, Sec. 158,
Apr. 2, 1982, 96 Stat. 47.)
1624 Sec. 714. Printing documents for Congress in two or more
editions; printing of full number and allotment of full
quota.
The Joint Committee on Printing shall establish rules to
be observed by the Public Printer, by which public documents
and reports printed for Congress, or either House, may be
printed in two or more editions, to meet the public
requirements. The aggregate of the editions may not exceed
the number of copies otherwise authorized. This section does
not prevent the printing of the full number of a document or
report, or the allotment of the full quota to Senators and
Representatives, as otherwise authorized, when a legitimate
demand for the full complement is known to exist. (Pub.L.
90-620, Oct. 22, 1968, 82 Stat. 1250.)
1625 Sec. 715. Senate and House documents and reports for
Department of State.
The Public Printer shall print, in addition to the usual
number, and furnish the Department of State twenty copies of
each Senate and House of Representatives document and
report. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1250.)
Cross References
For distribution of House and Senate documents and
reports, see sections 701, 1718, and 1719 of this title
(Senate Manual sections 1613, 1668, and 1669).
1626 Sec. 716. Printing of documents not provided for by law.
Either House may order the printing of a document not
already provided for by law, when accompanied by an estimate
from the Public Printer as to the probable cost. An
executive department, bureau, board, or independent office
of the Government submitting reports or documents in
response to inquiries from Congress shall include an
estimate of the probable cost of printing to the usual
number. This section does not apply to reports or documents
not exceeding fifty pages. (Pub.L. 90-620, Oct. 22, 1968, 82
Stat. 1250.)
1627 Sec. 717. Appropriation chargeable for printing of document
or report by order of Congress.
The cost of the printing of a document or report printed
by order of Congress which, under section 1107 of this
title, cannot be properly charged to another appropriation
or allotment of appropriation already made, upon order of
the Joint Committee on Printing, shall be charged to the
allotment of appropriation for printing and binding for
Congress. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1250.)
1628 Sec. 718. Lapse of authority to print.
The authority to print a document or report, or a
publication authorized by law to be printed, for
distribution by Congress, shall lapse when the whole number
of copies has not been ordered within two years from the
date of the original order, except orders for subsequent
editions, approved by the Joint Committee on Printing, in
which case the whole number may not exceed that originally
authorized by law. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat.
1250.)
1629 Sec. 719. Classification and numbering of publications
ordered printed by Congress; designation of publications
of departments; printing of committee hearings.
Publications ordered printed by Congress, or either
House, shall be in four series, namely:
one series of reports made by the committees
of the Senate, to be known as Senate reports;
one series of reports made by the committees
of the House of Representatives, to be known as
House reports;
one series of documents other than reports
of committees, the orders for printing which
originate in the Senate, to be known as Senate
documents, and
one series of documents other than committee
reports, the orders for printing which originate
in the House of Representatives, to be known as
House documents.
The publications in each series shall be consecutively
numbered, the numbers in each series continuing in unbroken
sequence throughout the entire term of a Congress, but these
provisions do not apply to the documents printed for the use
of the Senate in executive session. Of the ``usual number'',
the copies which are intended for distribution to State
libraries and other designated depositories of annual or
serial publications originating in or prepared by an
executive department, bureau, office, commission, or board
may not be numbered in the document or report series of
either House of Congress, but shall be designated by title
and bound as provided by section 738 of this title; and the
departmental edition, if any, shall be printed concurrently
with the ``usual number''. Hearings of committees may be
printed as congressional documents only when specifically
ordered by Congress or either House. (Pub.L. 90-620, Oct.
22, 1968, 82 Stat. 1250.)
1630 Sec. 720. Senate and House Manuals.
Each House may order printed as many copies as it
desires, of the Senate Manual and of the Rules and Manual of
the House of Representatives, even though the cost exceed
$500. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1251.)
1631 Sec. 721. Congressional Directory.\1\
(a) There shall be prepared under the direction of the
Joint Committee on Printing (1) a Congressional Directory,
which shall be printed and distributed as early as
practicable during the first session of each Congress and
(2) a supplement to each Congressional Directory, which
shall be printed and distributed as early as practicable
during the second regular session of each Congress. The
Joint Committee shall control the number and distribution of
the Congressional Directory and each supplement.
\1\See footnote to Senate Manual section 1613.
(b) One copy of the Congressional Directory delivered to
Members of the Senate and the House of Representatives
(including Delegates and the Resident Commissioner) shall be
bound in cloth and imprinted on the cover with the name of
the Member. Copies of the Congressional Directory delivered
to depository libraries may be bound in cloth. All other
copies of the Congressional Directory shall be bound in
paper and names shall not be imprinted thereon, except that
copies printed for sale under section 722 may be bound in
cloth. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1251; Pub.L.
95-94, Sec. 404, Aug. 5, 1977, 91 Stat. 682.)
1632 Sec. 722. Congressional Directory: sale.
The Public Printer, under the direction of the Joint
Committee on Printing, may print the current Congressional
Directory for sale at a price sufficient to reimburse the
expense of printing. The money derived from sales shall be
paid into the Treasury and accounted for in his annual
report to Congress, and sales may not be made on credit.
(Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1251.)
1633 Sec. 723. Memorial addresses: preparation; distribution.\1\
After the final adjournment of each session of Congress,
there shall be compiled, prepared, printed with
illustrations, and bound in cloth in one volume, in the
style, form, and manner directed by the Joint Committee on
Printing, without extra compensation to any employee, the
legislative proceedings of Congress and the exercises at the
general memorial services held in the House of
Representatives during each session relative to the death of
a Member of Congress or a former Member of Congress who
served as speaker, together with all relevant memorial
addresses and eulogies published in the Congressional Record
during the same session of Congress, and any other matter
the Joint Committee considers relevant; and there shall be
printed as many copies as needed to supply the total
quantity provided for by this section, of which fifty
copies, bound in full morocco, with gilt edges, suitably
lettered as may be requested, shall be delivered to the
family of the deceased, and the remaining copies shall be
distributed as follows:
\1\See footnote to Senate Manual section 1613. Title
VIII of Public Law 94-59, Sec. 801, July 25, 1975, 89
Stat. 296, provides in part as follows: ``Hereafter,
appropriations for authorized printing and binding for
Congress shall not be available under the authority of
section 723 of title 44 of the United States Code for
the printing, publication, and distribution of more than
fifty bound eulogies to be delivered to the family of
the deceased, and in the case of a deceased Senator or
deceased Representative (including Delegates to Congress
and the Resident Commissioner from Puerto Rico), there
shall be furnished to his successor in office two
hundred and fifty copies.''.
of all eulogies on deceased Members of
Congress to the Vice President and each Senator,
Representative, and Resident Commissioner in
Congress, one copy;
of the eulogies on deceased Senators there
shall be furnished two hundred and fifty copies
for each Senator of the State represented by the
deceased and twenty copies for each
Representative from that State;
of the eulogies on a deceased Representative
and Resident Commissioner two hundred and fifty
copies for his successor in office; twenty
copies for each of the other Representatives, or
Resident Commissioner of the State, or insular
possession represented by the deceased; and
twenty copies for each Senator from that State.
The ``usual number'' of memorial addresses may not be
printed. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1251;
Pub.L. 97-51, Sec. 101(c), Oct. 1, 1981, 95 Stat. 959.)
1634 Sec. 724. Memorial addresses: illustrations.
The illustrations to accompany bound copies of memorial
addresses delivered in Congress shall be made at the Bureau
of Engraving and Printing and paid for out of the
appropriation for that bureau, or, in the discretion of the
Joint Committee on Printing, shall be obtained elsewhere by
the Public Printer and charged to the allotment for printing
and binding for Congress. (Pub.L. 90-620, Oct. 22, 1968, 82
Stat. 1252.)
1635 Sec. 725. Statement of appropriations; ``usual number''.
Of the statements of appropriations required to be
prepared by section 105 of Title 2, there shall be printed,
after the close of each regular session of Congress, the
usual number of copies. (Pub.L. 90-620, Oct. 22, 1968, 82
Stat. 1252.)
1636 Sec. 726. Printing for committees of Congress.\1\
A Committee of Congress may not procure the printing of
more than one thousand copies of a hearing, or other
document germane thereto, for its use except by simple,
concurrent, or joint resolution, as provided by section 703
of this title. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat.
1252.)
\1\See footnote to Senate Manual section 1613.
1637 Sec. 727. Committee reports: indexing and binding.
The Secretary of the Senate and the Clerk of the House
of Representatives shall procure and file for the use of
their respective House copies of all reports made by
committees, and at the close of each session of Congress
shall have the reports indexed and bound, one copy to be
deposited in the library of each House and one copy in the
committee from which the report emanates. (Pub.L. 90-620,
Oct. 22, 1968, 82 Stat. 1252.)
1638 Sec. 728. United States Statutes at Large: distribution.\2\
The Public Printer, after the final adjournment of each
regular session of Congress, shall print and bind copies of
the United States Statutes at Large, to be charged to the
congressional allotment for printing and binding. The Joint
Committee on Printing shall control the number and
distribution of the copies.
\2\Title X of Pub.L. 94-440, Sec. 1000, Oct. 1, 1976, 90
Stat. 1459, provides in part as follows: ``Hereafter,
notwithstanding any other provisions of law,
appropriations for the automatic distribution to
Senators and Representatives (including Delegates to
Congress and the Resident Commissioner from Puerto Rico)
of copies of the United States Statutes at Large shall
not be available with respect to any Senator or
Representative unless such Senator or Representative
specifically, in writing, requests that he receive
copies of such document.''.
The Public Printer shall print and, after the end of
each calendar year, bind and deliver to the Superintendent
of Documents a number of copies of the United States
Treaties and Other International Agreements not exceeding
the number of copies of the United States Statutes at Large
required for distribution in the manner provided by law.
(Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1252.)
1639 Sec. 730. Distribution of documents to Members of Congress.
When, in the division among Senators, and
Representatives, of documents printed for the use of
Congress there is an apportionment to each or either House
in round numbers, the Public Printer may not deliver the
full number so accredited at the Senate Service Department
and House of Representatives Publications Distribution
Service, but only the largest multiple of the number
constituting the full membership of that House, including
the Secretary and Sergeant at Arms of the Senate and Clerk
and Sergeant at Arms of the House, which is contained in the
round numbers thus accredited to that House, so that the
number delivered divides evenly and without remainder among
the Members of the House to which they are delivered; and
the remainder of the documents thus resulting shall be
turned over to the Superintendent of Documents, to be
distributed by him, first, to public and school libraries
for the purpose of completing broken sets; second, to public
and school libraries that have not been supplied with any
portions of the sets, and, lastly, by sale to other persons;
the libraries to be named to him by Senators and
Representatives; and in this distribution the Superintendent
of Documents, as far as practicable, shall make an equal
allowance to each Senator and Representative. (Pub.L. 90-
620, Oct. 22, 1968, 82 Stat. 1253; Pub.L. 104-186, Title II,
Sec. 223(3), Aug. 20, 1996, 110 Stat. 1751.)
1640 Sec. 731. Allotments of public documents printed after
expiration of terms of Members of Congress; rights of
retiring Members to documents.
The Congressional allotment of public documents, other
than the Congressional Record, printed after the expiration
of the term of office of the Vice President of the United
States, or Senator, Representative, or Resident
Commissioner, shall be delivered to his successor in office.
Unless the Vice President of the United States, a
Senator, Representative, or Resident Commissioner, having
public documents to his credit at the expiration of his term
of office takes them prior to the 30th day of June next
following the date of expiration, he shall forfeit them to
his successor in office. (Pub.L. 90-620, Oct. 22, 1968, 82
Stat. 1253.)
1641 Sec. 732. Time for distribution of documents by Members of
Congress extended.
Reelected Members may distribute public documents to
their credit, or the credit of their respective districts in
the Interior or other Departments and bureaus, and in the
Government Printing Office, during their successive terms
and until their right to frank documents ends. (Pub.L. 90-
620, Oct. 22, 1968, 82 Stat. 1253.)
1642 Sec. 733. Documents and reports ordered by Members of
Congress; franks and envelopes for Members of Congress.
The Public Printer on order of a Member of Congress, on
prepayment of the cost, may reprint documents and reports of
committees together with the evidence papers submitted, or
any part ordered printed by the Congress.
He may also furnish without cost to Members and the
Resident Commissioner from Puerto Rico, blank franks printed
on sheets and perforated, or singly at their option, for
public documents. Franks shall contain in the upper left-
hand corner the following words: ``Public document. United
States Senate'' or ``House of Representatives U.S.'' and in
upper right-hand corner the letters ``U.S.S.'' or ``M.C.''
Franks may also contain information relating to missing
children as provided in section 3220 of title 39. But he may
not print any other words except where it is desirable to
affix the official title of a document. Other words printed
on franks shall be at the personal expense of the Member or
Resident Commissioner ordering them.
At the request of a Member of Congress or Resident
Commissioner the Public Printer may print upon franks or
envelopes used for mailing public documents the facsimile
signature of the Member or Resident Commissioner and a
special request for return if not called for, and the name
of the State or Commonwealth and county and city. The Member
or Resident Commissioner shall deposit with his order the
extra expense involved in printing these additional words.
The Public Printer may also, at the request of a Member
or Resident Commissioner, print on envelopes authorized to
be furnished, the name of the Member or Resident
Commissioner, and State or Commonwealth, the date, and the
topic or subject matter, not exceeding twelve words.
The Public Printer shall deposit moneys accruing under
this section in the Treasury of the United States to the
credit of the appropriation made for the working capital of
the Government Printing Office for the year in which the
work is done. He shall account for them in his annual report
to Congress. (As amended Pub.L. 93-191, Sec. 8(a), Dec. 18,
1973, 87 Stat. 745; Pub.L. 93-255, Sec. 2(b), Mar. 27, 1974,
88 Stat. 52; Pub.L. 99-87, Sec. 1(c)(2), Aug. 9, 1985, 99
Stat. 291.)
1643 Sec. 734. Stationery and blank books for Congress.
Upon requisition of the Secretary of the Senate and the
Clerk of the House of Representatives, respectively, the
Public Printer shall furnish stationery, blank books,
tables, forms, and other necessary papers preparatory to
congressional legislation, required for the official use of
the Senate and the House of Representatives, or their
committees and officers. This does not prevent the purchase
by the officers of the Senate and House of Representatives
of stationery and blank books necessary for sales to
Senators and Members in the stationery rooms of the two
Houses as provided by law. (Pub.L. 90-620, Oct. 22, 1968, 82
Stat. 1254.)
1644 Sec. 735. Binding for Senators.\1\
Each Senator is entitled to the binding in half morocco,
or material not more expensive, of one copy of each public
document to which he is entitled, an account of which shall
be kept by the Secretary of the Senate. (Pub.L. 90-620, Oct.
22, 1968, 82 Stat. 1254; Pub.L. 104-186, Title II,
Sec. 223(4)(A), Aug. 20, 1996, 110 Stat. 1751.)
\1\The rebinding of clothbound books has been prohibited
by the Joint Committee on Printing under authority of
section 103 of title 44, United States Code (Senate
Manual section 1602).
Title VIII of Pub.L. 94-59, Sec. 801, July 25, 1975, 89
Stat. 296, provides in part as follows: ``Hereafter,
notwithstanding any other provisions of law,
appropriations for the binding of copies of public
documents by Committees for distribution to Senators and
Representatives (including Delegates to Congress and the
Resident Commissioner from Puerto Rico) shall not be
available for a Senator or Representative unless such
Senator or Representative specifically, in writing,
requests that he receive bound copies of any such
documents.''.
--
1645 Sec. 736. Binding at expense of Members of Congress.
The Public Printer may bind at the Government Printing
Office books, maps, charts, or documents published by
authority of Congress, upon application of a Member of
Congress, and payment of the actual cost of binding. (Pub.L.
90-620, Oct. 22, 1968, 82 Stat. 1254.)
1646 Sec. 737. Binding for Senate library.\1\
The Secretary of the Senate may make requisition upon
the Public Printer for the binding for the Senate library of
books he considers necessary, at a cost not to exceed $200
per year. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1254.)
\1\The ceiling of $200 per year for binding for the
Senate library has been removed by the Joint Committee
on Printing under authority of section 103 of title 44,
United States Code (Senate Manual section 1602).
1647 Sec. 738. Binding of publications for distribution to
libraries.
The Public Printer shall supply the Superintendent of
Documents with sufficient copies of publications distributed
in unbound form, to be bound and distributed to the State
libraries and other designated depositories for their
permanent files. Every publication of sufficient size on any
one subject shall be bound separately and receive the title
suggested by the subject of the volume, and the others shall
be distributed in unbound form as soon as printed. The
library edition, as well as all other bound sets of
congressional numbered documents and reports, shall be
arranged in volumes and bound in the manner directed by the
Joint Committee on Printing. (Pub.L. 90-620, Oct. 22, 1968,
82 Stat. 1254.)
1648 Sec. 739. Senate and House document rooms; superintendents.
There shall be one document room of the Senate and one
of the House of Representatives, to be designated,
respectively, the ``Senate and House document room.'' Each
shall be in charge of a superintendent, who shall be
appointed by the Secretary of the Senate and the Clerk of
the House, respectively, together with the necessary
assistants. The Senate document room shall be under the
jurisdiction of the Secretary of the Senate. (Pub.L. 90-620,
Oct. 22, 1968, 82 Stat. 1254; Pub.L. 104-186, Title II,
Sec. 223(5), Aug. 20, 1996, 110 Stat. 1751.)
1649 Sec. 740. Senate Service Department and House Publications
Distribution Service; superintendents.
There shall be a Senate Service Department and a House
of Representatives Publications Distribution Service in the
charge of superintendents, appointed respectively by the
Sergeant at Arms of the Senate and Chief Administrative
Officer of the House of Representatives, together with the
necessary assistants. Reports or documents to be distributed
for the Senators and Representatives shall be folded and
distributed from the Senate Service Department and House of
Representatives Publications Distribution Service, unless
otherwise ordered, and the respective superintendent shall
notify each Senator and Representative in writing once every
sixty days of the number and character of publications on
hand and assigned to him for use and distribution. (Pub.L.
90-620, Oct. 22, 1968, 82 Stat. 1255; Pub.L. 104-186, Title
II, Sec. 223(6), Aug. 20, 1996, 110 Stat. 1751.)
1650 Sec. 741. Disposition of documents stored at Capitol.
The Secretary and Sergeant at Arms of the Senate and the
Clerk and Doorkeeper of the House of Representatives, at the
convening in regular session of each successive Congress
shall cause an invoice to be made of public documents stored
in and about the Capitol, other than those belonging to the
quota of Members of Congress, to the Library of Congress and
the Senate and House libraries and document rooms. The
superintendents of the Senate Service Department and House
of Representatives Publications Distribution Service shall
put the documents to the credit of Senators and
Representatives in quantities equal in the number of volumes
and as nearly as possible in value, to each Member of
Congress, and the documents shall be distributed upon the
orders of Senators and Representatives, each of whom shall
be supplied by the superintendents of the Senate Service
Department and House of Representatives Publications
Distribution Service with a list of the number and character
of the publications thus put to his credit, but before
apportionment is made copies of any of these documents
desired for the use of a committee of either House shall be
delivered to the chairman of the committee.
Four copies of leather-bound documents shall be reserved
and carefully stored, to be used in supplying deficiencies
in the Senate and House libraries caused by wear or loss.
(Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1255.)
Chapter 9.--CONGRESSIONAL RECORD
1651 Sec. 901. Congressional Record: arrangement, style,
contents, and indexes.
The Joint Committee on Printing shall control the
arrangement and style of the Congressional Record, and while
providing that it shall be substantially a verbatim report
of proceedings, shall take all needed action for the
reduction of unnecessary bulk. It shall provide for the
publication of an index of the Congressional Record
semimonthly during and at the close of sessions of Congress.
(Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1255.)
1652 Sec. 902. Congressional Record: indexes.
The Public Printer shall prepare the semimonthly and the
session index to the Congressional Record. The Joint
Committee on Printing shall direct the form and manner of
its publication and distribution. (Pub.L. 90-620, Oct. 22,
1968, 82 Stat. 1256; Pub.L. 108-102, Sec. 1(a), Oct. 29,
2003, 117 Stat. 1198.)
1653 Sec. 903. Congressional Record: daily and permanent forms.
The public proceedings of each House of Congress as
reported by the Official Reporters, shall be printed in the
Congressional Record, which shall be issued in daily form
during each session and shall be revised, printed, and bound
promptly, as directed by the Joint Committee on Printing, in
permanent form, for distribution during and after the close
of each session of Congress. The daily and the permanent
Record shall bear the same date, which shall be that of the
actual day's proceedings reported. The ``usual number'' of
the Congressional Record may not be printed. (Pub.L. 90-620,
Oct. 22, 1968, 82 Stat. 1256.)
1654 Sec. 904. Congressional Record: maps; diagrams;
illustrations.
Maps, diagrams, or illustrations may not be inserted in
the Record without the approval of the Joint Committee on
Printing. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1256.)
1655 Sec. 905. Congressional Record: additional insertions.
The Joint Committee on Printing shall provide for
printing in the daily Record the legislative program for the
day together with a list of congressional committee meetings
and hearings, and the place of meeting and subject matter.
It shall cause a brief resume of congressional activities
for the previous day to be incorporated in the Record,
together with an index of its contents prepared under the
supervision of the Secretary of the Senate and the Clerk of
the House of Representatives, respectively. (Pub.L. 90-620,
Oct. 22, 1968, 82 Stat. 1256.)
1656 Sec. 906. Congressional Record: gratuitous copies;
delivery.\1\
The Public Printer shall furnish the Congressional
Record only as follows:
\1\Pub.L. 93-145, Nov. 1, 1973, 87 Stat. 546, provides
in part as follows: ``Hereafter, appropriations for
authorized printing and binding for Congress shall not
be available under the authority of the Act of October
22, 1968 (44 U.S.C. 906) for the printing, publication,
and distribution of more than one copy of the bound
permanent editions of the Congressional Record for the
Vice President and each Member of the Senate and House
of Representatives.''.
of the bound edition--
to the Senate Service Department five copies
for the Vice President and each Senator;
to the Secretary and Sergeant at Arms of the
Senate, each, two copies;
to the Joint Committee on Printing not to
exceed one hundred copies;
to the House of Representatives Publications
Distribution Service, three copies for each
Representative and Resident Commissioner in
Congress; and
to the Clerk and Sergeant at Arms of the
House of Representatives, each, two copies;
of the daily edition--
to the Vice President, one hundred copies;
to each Senator, fifty copies (which may be
transferred only to public agencies and
institutions);
to the Secretary and Sergeant at Arms of the
Senate, each, twenty-five copies;
to the Secretary, for official use, not to
exceed thirty-five copies; and
to the Sergeant at Arms for use on the floor
of the Senate, not to exceed fifty copies;
to each Member of the House of
Representatives, the Resident Commissioner from
Puerto Rico, the Delegate from the District of
Columbia, the Delegate from Guam, and the
Delegate from the Virgin Islands, thirty-four
copies (which may be transferred only to public
agencies and institutions);
to the Clerk and Sergeant at Arms of the
House of Representatives, each, twenty-five
copies;
to the Clerk, for official use, not to
exceed fifty copies, and to the Clerk for use on
the floor of the House of Representatives, not
to exceed seventy-five copies;
to the Vice President and each Senator,
Representative, and Resident Commissioner in
Congress (and not transferable) three copies of
which one shall be delivered at his residence,
one at his office and one at the Capitol.
In addition to the foregoing the Congressional Record
shall also be furnished as follows:
In unstitched form, and held in reserve by the Public
Printer, as many copies of the daily Record as may be
required to supply a semimonthly edition, bound in paper
cover together with each semimonthly index when it is
issued, and then be delivered promptly as follows:
to each committee and commission of
Congress, one daily and one semimonthly copy;
to each joint committee and joint commission
in Congress, as may be designated by the Joint
Committee on Printing, two copies of the daily,
one semimonthly copy, and one bound copy;
to the Secretary and the Sergeant at Arms of
the Senate, for office use, each, six
semimonthly copies;
to the Clerk and Sergeant at Arms of the
House, for office use, each, six semimonthly
copies;
to the Joint Committee on Printing, ten
semimonthly copies;
to the Vice President and each Senator,
Representative, and Resident Commissioner in
Congress, one semimonthly copy;
to the President of the United States, for
the use of the Executive Office, ten copies of
the daily, two semimonthly copies, and one bound
copy;
to the Chief Justice of the United States
and each of the Associate Justices of the
Supreme Court of the United States, one copy of
the daily;
to the offices of the marshal and clerk of
the Supreme Court of the United States, each,
two copies of the daily and one semimonthly
copy;
to each United States circuit and district
judge, and to the chief judge and each associate
judge of the United States Court of Federal
Claims, the United States Court of International
Trade, the Tax Court of the United States, the
United States Court of Appeals for Veterans
Claims, and the United States Court of Appeals
for the Armed Forces, upon request to a Member
of Congress and notification by the Member to
the Public Printer, one copy of the daily, in
addition to those authorized to be furnished to
Members of Congress under the preceding
provisions of this section;
to the offices of the Vice President and the
Speaker of the House of Representatives, each,
six copies of the daily and one semimonthly
copy;
to the Sergeant at Arms, the Chaplain, the
Postmaster, the superintendent and the foreman
of the Senate Service Department and of the
House of Representatives Publications
Distribution Service, respectively; and to the
Secretaries to the Majority and the Minority of
the Senate, each, one copy of the daily;
to the office of the Parliamentarian of the
House of Representatives, six copies of the
daily, one semimonthly copy, and two bound
copies;
to the offices of the Official Reporters of
Debates of the Senate and House of
Representatives, respectively, each, fifteen
copies of the daily, one semimonthly copy, and
three bound copies;
to the office of the stenographers to
committees of the House of Representatives, four
copies of the daily and one semimonthly copy;
to the office of the Congressional Record
Index, ten copies of the daily and two
semimonthly copies;
to the offices of the superintendent of the
Senate and House document rooms, each, three
copies of the daily, one semimonthly copy, and
one bound copy;
to the offices of the superintendents of the
Senate and House press galleries, each, two
copies of the daily, one semimonthly copy, and
one bound copy;
to the offices of the Legislative Counsel of
the Senate and House of Representatives,
respectively, and the Architect of the Capitol,
each, three copies of the daily, one semimonthly
copy, and one bound copy;
to the Library of Congress for official use
in Washington, District of Columbia, and for
international exchange, as provided by sections
1718 and 1719 of this title, not to exceed one
hundred and forty-five copies of the daily, five
semimonthly copies, and one hundred and fifty
bound copies;
to the library of the Senate, three copies
of the daily, two semimonthly copies, and not to
exceed fifteen bound copies;
to the library of the House of
Representatives, five copies of the daily, two
semimonthly copies, and not to exceed twenty-
eight bound copies, of which eight copies may be
bound in the style and manner approved by the
Joint Committee on Printing;
to the library of the Supreme Court of the
United States, two copies of the daily, two
semimonthly copies, and not to exceed five bound
copies;
to the library of each United States Court
of Appeals, each United States District Court,
the United States Court of Federal Claims, the
United States Court of International Trade, the
Tax Court of the United States, the United
States Court of Appeals for Veterans Claims, and
the United States Court of Appeals for the Armed
Forces, upon request to the Public Printer, one
copy of the daily, one semimonthly copy, and one
bound copy;
to the Public Printer for official use, not
to exceed seventy-five copies of the daily, ten
semimonthly copies, and two bound copies;
to the Director of the Botanic Garden, two
copies of the daily and one semimonthly copy;
to the Archivist of the United States, five
copies of the daily, two semimonthly copies, and
two bound copies;
to the library of each executive department,
independent office, and establishment of the
Government in the District of Columbia, except
those designated as depository libraries, and to
the libraries of the municipal government of the
District of Columbia, the Naval Observatory, and
the Smithsonian Institution, each, two copies of
the daily, one semimonthly copy, and one bound
copy;
to the offices of the Governors of Puerto
Rico, Guam and the Virgin Islands, each, five
copies in both daily and bound form;
to the office of the Governor of the Canal
Zone, five copies in both daily and bound form;
to each ex-President and ex-Vice President
of the United States, one copy of the daily;
to each former Senator, Representative, and
Commissioner from Puerto Rico, upon request to
the Public Printer, one copy of the daily;
to the governor of each State, one copy in
both daily and bound form;
to each separate establishment of the Armed
Forces Retirement Home, to each of the National
Homes for Disabled Volunteer Soldiers, and to
each of the State soldiers' homes, one copy of
the daily;
to the Superintendent of Documents, as many
daily and bound copies as may be required for
distribution to depository libraries;
to the Department of State, not to exceed
one hundred and fifty copies of the daily, for
distribution to each United States embassy and
legation abroad, and to the principal consular
offices in the discretion of the Secretary of
State;
to each foreign legation in Washington whose
government extends a like courtesy to our
embassies and legations abroad, one copy of the
daily, to be furnished upon requisition of and
sent through the Secretary of State;
to each newspaper correspondent whose name
appears in the Congressional Directory, and who
makes application, for his personal use and that
of the papers he represents, one copy of the
daily and one copy of the bound, the same to be
sent to the office address of the member of the
press or elsewhere as he directs; not to exceed
four copies in all may be furnished to members
of the same press bureau.
Copies of the daily edition, unless otherwise directed
by the Joint Committee on Printing, shall be supplied and
delivered promptly on the day after the actual day's
proceedings as originally published. Each order for the
daily Record shall begin with the current issue, if previous
issues of the same session are not available. The
apportionment specified for daily copies may not be
transferred for the bound form and an allotment of daily
copies not used by a Member during a session shall lapse
when the session ends. (Pub.L. 90-620, Oct. 22, 1968, 82
Stat. 1256; Pub.L. 91-276, June 12, 1970, 84 Stat. 303;
Pub.L. 92-373, Aug. 10, 1972, 86 Stat. 528; Pub.L. 93-314,
Sec. 1(b), June 8, 1974, 88 Stat. 239; Pub.L. 95-94,
Sec. 407(a), Aug. 5, 1977, 91 Stat. 683; Pub.L. 96-417,
Title VI, Sec. 601(11), Oct. 10, 1980, 94 Stat. 1744; Pub.L.
97-164, Sec. 164(2), Apr. 2, 1982, 96 Stat. 50; Pub.L. 101-
510, Title XV, Sec. Sec. 1533(c)(3), 1541(a), Nov. 5, 1990,
104 Stat. 1736; Pub.L. 102-82, Sec. 6, Aug. 6, 1991, 105
Stat. 337; Pub.L. 103-337, Sec. 924(d)(1)(D), Oct. 5, 1994,
108 Stat. 2832; Pub.L. 104-186, Title II, Sec. 223(7), Aug.
20, 1996, 110 Stat. 1751; Pub.L. 105-368, Sec. 512(b)(1)(C),
Nov. 11, 1998, 112 Stat. 3342.)
1657 Sec. 907. Congressional Record: extracts for Members of
Congress; mailing envelopes.
The Public Printer may print and deliver, upon the order
of a Member of Congress and payment of the cost, extracts
from the Congressional Record. The Public Printer may
furnish without cost to Members and the Resident
Commissioner, envelopes, ready for mailing the Congressional
Record or any part of it, or speeches, or reports in it, if
such part, speeches, or reports are mailable as franked mail
under section 3210 of title 39. Envelopes so furnished shall
contain in the upper left-hand corner the following words:
``United States Senate'' or ``House of Representatives, U.S.
Part of Congressional Record'', and in the upper right-hand
corner the letters ``U.S.S.'' or ``M.C.'', and the Public
Printer may, at the request of a Member or Resident
Commissioner, print in addition to the foregoing, his name
and State or Commonwealth, the date, and the topic or
subject matter, not exceeding twelve words. He may not print
any other words on envelopes, except at the personal expense
of the Member or Resident Commissioner ordering the
envelopes, except to affix the official title of a document.
The Public Printer shall deposit moneys accruing under this
section in the Treasury of the United States to the credit
of the appropriation made for the working capital of the
Government Printing Office for the year in which the work is
done, and accounted for in his annual report to Congress.
(Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1259; Pub.L. 93-191,
Sec. 8(b), Dec. 18, 1973, 87 Stat. 745; Pub.L. 93-255,
Sec. 2(c), Mar. 27, 1974, 88 Stat. 52.)
1658 Sec. 908. Congressional Record: payment for printing
extracts or other documents.
If a Member or Resident Commissioner fails to pay the
cost of printing extracts from the Congressional Record or
other documents ordered by him to be printed, the Public
Printer shall certify the amount due to the Chief
Administrative Officer of the House of Representatives or
the financial clerk of the Senate, as the case may be, who
shall deduct from any salary due the delinquent the amount,
or as much of it as the salary due may cover, and pay the
amount so obtained to the Public Printer, to be applied by
him to the satisfaction of the indebtedness. (Pub.L. 90-620,
Oct. 22, 1968, 82 Stat. 1260; Pub.L. 104-186, Title II,
Sec. 223(8), Aug. 20, 1996, 110 Stat. 1752.)
1659 Sec. 910. Congressional Record: subscriptions; sale of
current, individual numbers, and bound sets; postage
rate.
(a) Under the direction of the Joint Committee, the
Public Printer may sell--
(1) subscriptions to the daily Record; and
(2) current, individual numbers, and bound
sets of the Congressional Record.
(b) The price of a subscription to the daily Record and
of current, individual numbers, and bound sets shall be
determined by the Public Printer based upon the cost of
printing and distribution. Any such price shall be paid in
advance. The money from any such sale shall be paid into the
Treasury and accounted for in the Public Printer's annual
report to Congress.
(c) The Congressional Record shall be entitled to be
mailed at the same rates of postage at which any newspaper
or other periodical publication, with a legitimate list of
paid subscribers, is entitled to be mailed. (Pub.L. 90-620,
Oct. 22, 1968, 82 Stat. 1260; Pub.L. 93-314, Sec. 1(a), June
8, 1974, 88 Stat. 239.)
Chapter 11.--EXECUTIVE AND JUDICIARY PRINTING AND BINDING
1660 Sec. 1104. Restrictions on use of illustrations.
Appropriations made for printing and binding may not be
used for an illustration, engraving, or photograph in a
document or report ordered printed by Congress unless the
order to print expressly authorizes it, nor in a document or
report of an executive department, independent office or
establishment of the Government until the head of the
executive department or Government establishment certifies
in a letter transmitting the report that the illustration,
engraving, or photograph is necessary and relates entirely
to the transaction of public business. (Pub.L. 90-620, Oct.
22, 1968, 82 Stat. 1261.)
Chapter 13.--PARTICULAR REPORTS AND DOCUMENTS
1661 Sec. 1301. Agriculture, Department of: report of Secretary.
The annual report of the Secretary of Agriculture shall
be submitted and printed in two parts, as follows:
part 1, containing purely business and
executive matter necessary for the Secretary to
submit to the President and Congress;
part 2, reports from the different bureaus
and divisions, and papers prepared by their
special agents, accompanied by suitable
illustrations as are, in the opinion of the
Secretary, specially suited to interest and
instruct the farmers of the country, and to
include a general report of the operations of
the department for their information.
In addition to the usual number, there shall be printed
of part 1, one thousand copies for the Senate, two thousand
copies for the House of Representatives, and three thousand
copies for the Department of Agriculture; and of part 2, one
hundred and ten thousand copies for the use of the Senate,
three hundred and sixty thousand copies for the use of the
House of Representatives, and thirty thousand copies for the
use of the Department of Agriculture, the illustrations for
part 2 to be subject to the approval of the Secretary of
Agriculture, and executed under the supervision of the
Public Printer, in accordance with directions of the Joint
Committee on Printing, and the title of each of the parts
shall show that each part is complete in itself. (Pub.L. 90-
620, Oct. 22, 1968, 82 Stat. 1265.)
1662 Sec. 1326. Librarian of Congress: reports.
Five thousand copies of the annual and special reports
of the Librarian of Congress submitted to Congress, shall be
printed and bound in cloth for the Library of Congress.
(Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1270.)
1663 Sec. 1339. Printing of the President's message.\1\
The message of the President without the accompanying
documents and reports shall be printed in pamphlet form,
immediately upon its receipt by Congress. In addition to the
usual number, fifteen thousand copies shall be printed, of
which five thousand shall be for the Senate, and ten
thousand for the House of Representatives.
\1\See footnote to Senate Manual section 1613.
In addition to the usual number of the President's
message and accompanying documents, there shall be printed
one thousand copies for the Senate and two thousand for the
House of Representatives. The President's message shall be
delivered by the printer to the appropriate officers of each
House of Congress on or before the third Wednesday next
after the meeting of Congress, or as soon after as may be
practicable. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1272.)
Chapter 17.--DISTRIBUTION AND SALE OF PUBLIC DOCUMENTS
1664 Sec. 1705. Printing additional copies for sale to public;
regulations.
The Public Printer shall print additional copies of a
Government publication, not confidential in character,
required for sale to the public by the Superintendent of
Documents, subject to regulation by the Joint Committee on
Printing and without interference with the prompt execution
of printing for the Government. (Pub.L. 90-620, Oct. 22,
1968, 82 Stat. 1279.)
1665 Sec. 1706. Printing and sale of extra copies of documents.
The Public Printer shall furnish to applicants giving
notice before the matter is put to press, not exceeding two
hundred and fifty to any one applicant, copies of bills,
reports, and documents. The applicants shall pay in advance
the price of the printing. The printing of these copies for
private parties may not interfere with the printing for the
Government. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1279.)
1666 Sec. 1710. Index of documents: number and distribution.
The Superintendent of Documents, at the close of each
regular session of Congress, shall prepare and publish a
comprehensive index of public documents, upon a plan
approved by the Joint Committee on Printing. The Public
Printer shall, immediately upon its publication, deliver to
him a copy of every document printed by the Government
Printing Office. The head of each executive department,
independent agency and establishment of the Government shall
deliver to him a copy of every document issued or published
by the department, bureau, or office not confidential in
character. He shall also prepare and print in one volume a
consolidated index of Congressional documents, and shall
index single volumes of documents as the Joint Committee on
Printing directs. Two thousand copies each of the
comprehensive index and of the consolidated index shall be
printed and bound in addition to the usual number, two
hundred for the Senate, eight hundred for the House of
Representatives and one thousand for distribution by the
Superintendent of Documents. (Pub.L. 90-620, Oct. 22, 1968,
82 Stat. 1280.)
1667 Sec. 1715. Publications for department or officer or for
congressional committees.
When printing not bearing a congressional number, except
confidential matter, blank forms, and circular letters not
of a public character, is done for a department or officer
of the Government, or not of a confidential character, is
done for use of congressional committees, two copies shall
be sent, unless withheld by order of the committee, by the
Public Printer to the Senate and House of Representatives
libraries, respectively, and one copy each to the document
rooms of the Senate and House of Representatives, for
reference; and these copies may not be removed. (Pub.L. 90-
620, Oct. 22, 1968, 82 Stat. 1281.)
1668 Sec. 1718. Distribution of Government publications to the
Library of Congress.\1\
There shall be printed and furnished to the Library of
Congress for official use in the District of Columbia not to
exceed twenty-five copies of:
\1\See footnote to Senate Manual section 1613.
House documents and reports, bound;
Senate documents and reports, bound;
Senate and House journals, bound;
public bills and resolutions;
the United States Code and supplements,
bound; and
all other publications and maps which are
printed, or otherwise reproduced, under
authority of law, upon the requisition of a
Congressional committee, executive department,
bureau, independent office, establishment,
commission, or officer of the Government.
Confidential matter, blank forms, and circular letters
not of a public character shall be excepted.
In addition, there shall be delivered as printed to the
Library of Congress:
ten copies of each House document and
report, unbound;
ten copies of each Senate document and
report, unbound;
and
ten copies of each private bill and
resolution and fifty copies of the laws in slip
form. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat.
1282; Pub.L. 97-276, Sec. 101(e), Oct. 2, 1982,
96 Stat. 1189.)
1669 Sec. 1719. International exchange of Government
publications.
For the purpose of more fully carrying into effect the
convention concluded at Brussels on March 15, 1886, and
proclaimed by the President of the United States on January
15, 1889, there shall be supplied to the Superintendent of
Documents not to exceed one hundred and twenty-five copies
each of all Government publications, including the daily and
bound copies of the Congressional Record, for distribution
to those foreign governments which agree, as indicated by
the Library of Congress, to send to the United States
similar publications of their governments for delivery to
the Library of Congress. Confidential matter, blank forms,
circular letters not of a public character, publications
determined by their issuing department, office, or
establishment to be required for official use only or for
strictly administrative or operational purposes which have
no public interest or educational value, and publications
classified for reasons of national security shall be
exempted from this requirement. The printing, binding, and
distribution costs of any publication distributed in
accordance with this section shall be charged to
appropriations provided to the Superintendent of Documents
for that purpose. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat.
1282; Pub.L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat.
1189; Pub.L. 99-500, Sec. 101(j), Oct. 18, 1986, 100 Stat.
1783-287, and Pub.L. 99-591, Sec. 101(j), Oct. 30, 1986, 100
Stat. 3341-287, as amended July 11, 1987, Pub.L. 100-71,
Title I, 101 Stat. 425.)
Chapter 19.--DEPOSITORY LIBRARY PROGRAM
1670 Sec. 1901. Definition of Government publication.
``Government publication'' as used in this chapter,
means informational matter which is published as an
individual document at Government expense, or as required by
law. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1283.)
1671 Sec. 1902. Availability of Government publications through
Superintendent of Documents; lists of publications not
ordered from Government Printing Office.
Government publications, except those determined by
their issuing components to be required for official use
only or for strictly administrative or operational purposes
which have no public interest or educational value and
publications classified for reasons of national security,
shall be made available to depository libraries through the
facilities of the Superintendent of Documents for public
information. Each component of the Government shall furnish
the Superintendent of Documents a list of such publications
it issued during the previous month, that were obtained from
sources other than the Government Printing Office. (Pub.L.
90-620, Oct. 22, 1968, 82 Stat. 1283.)
1672 Sec. 1903. Distribution of publications to depositories;
notice to Government components; cost of printing and
binding.
Upon request of the Superintendent of Documents,
components of the Government ordering the printing of
publications shall either increase or decrease the number of
copies of publications furnished for distribution to
designated depository libraries and State libraries so that
the number of copies delivered to the Superintendent of
Documents is equal to the number of libraries on the list.
The number thus delivered may not be restricted by any
statutory limitation in force on August 9, 1962. Copies of
publications furnished the Superintendent of Documents for
distribution to designated depository libraries shall
include--
the journals of the Senate and House of
Representatives;
all publications, not confidential in
character, printed upon the requisition of a
congressional committee;
Senate and House public bills and
resolutions; and
reports on private bills, concurrent or
simple resolutions;
but not so-called cooperative publications which must
necessarily be sold in order to be self-sustaining.
The Superintendent of Documents shall currently inform
the components of the Government ordering printing of
publications as to the number copies of their publications
required for distribution to depository libraries. The cost
of printing and binding those publications distributed to
depository libraries obtained elsewhere than from the
Government Printing Office, shall be borne by components of
the Government responsible for their issuance; those
requisitioned from the Government Printing Office shall be
charged to appropriations provided the Superintendent of
Documents for that purpose. (Pub.L. 90-620, Oct. 22, 1968,
82 Stat. 1283.)
1673 Sec. 1904. Classified list of Government publications for
selection by depositories.
The Superintendent of Documents shall currently issue a
classified list of Government publications in suitable form,
containing annotations of contents and listed by item
identification numbers to facilitate the selection of only
those publications needed by depository libraries. The
selected publications shall be distributed to depository
libraries in accordance with regulations of the
Superintendent of Documents, as long as they fulfill the
conditions provided by law. (Pub.L. 90-620, Oct. 22, 1968,
82 Stat. 1284.)
1674 Sec. 1905. Distribution to depositories; designation of
additional libraries; justification; authorization for
certain designations.
The Government publications selected from lists prepared
by the Superintendent of Documents, and when requested from
him, shall be distributed to depository libraries
specifically designated by law and to libraries designated
by Senators, Representatives, and the Resident Commissioner
from Puerto Rico, by the Commissioner of the District of
Columbia, and by the Governors of Guam, American Samoa, and
the Virgin Islands, respectively. Additional libraries
within areas served by Representatives or the Resident
Commissioner from Puerto Rico may be designated by them to
receive Government publications to the extent that the total
number of libraries designated by them does not exceed two
within each area. Not more than two additional libraries
within a State may be designated by each Senator from the
State. Before an additional library within a State,
congressional district or the Commonwealth of Puerto Rico is
designated as a depository for Government publications, the
head of that library shall furnish his Senator,
Representative, or the Resident Commissioner from Puerto
Rico, as the case may be, with justification of the
necessity for the additional designation. The justification,
which shall also include a certification as to the need for
the additional depository library designation, shall be
signed by the head of every existing depository library
within the congressional district or the Commonwealth of
Puerto Rico or by the head of the library authority of the
State or the Commonwealth of Puerto Rico, within which the
additional depository library is to be located. The
justification for additional depository library designations
shall be transmitted to the Superintendent of Documents by
the Senator, Representative, or the Resident Commissioner
from Puerto Rico, as the case may be. The Commissioner of
the District of Columbia may designate two depository
libraries in the District of Columbia, the Governor of Guam
and the Governor of American Samoa may each designate one
depository library in Guam and American Samoa, respectively,
and the Governor of the Virgin Islands may designate one
depository library on the island of Saint Thomas and one on
the island of Saint Croix. (Pub.L. 90-620, Oct. 22, 1968, 82
Stat. 1284.)
1675 Sec. 1906. Land-grant colleges constituted depositories.
Land-grant colleges are constituted depositories to
receive Government publications subject to the depository
laws. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1284.)
1676 Sec. 1909. Requirements of depository libraries; reports on
conditions; investigations; termination; replacement.
Only a library able to provide custody and service for
depository materials and located in an area where it can
best serve the public need, and within an area not already
adequately served by existing depository libraries may be
designated by Senators, Representatives, the Resident
Commissioner from Puerto Rico, the Commissioner of the
District of Columbia, or the Governors of Guam, American
Samoa, or the Virgin Islands as a depository of Government
publications. The designated depository libraries shall
report to the Superintendent of Documents at least every two
years concerning their condition.
The Superintendent of Documents shall make firsthand
investigation of conditions for which need is indicated and
include the results of investigations in his annual report.
When he ascertains that the number of books in a depository
library is below ten thousand, other than Government
publications, or it has ceased to be maintained so as to be
accessible to the public, or that the Government
publications which have been furnished the library have not
been properly maintained, he shall delete the library from
the list of depository libraries if the library fails to
correct the unsatisfactory conditions within six months. The
Representative or the Resident Commissioner from Puerto Rico
in whose area the library is located or the Senator who made
the designation, or a successor of the Senator, and, in the
case of a library in the District of Columbia, the
Commissioner of the District of Columbia, and in the case of
a library in Guam, American Samoa, or the Virgin Islands,
the Governor, shall be notified and shall then be authorized
to designate another library within the area served by him,
which shall meet the conditions herein required, but which
may not be in excess of the number of depository libraries
authorized by law within the State, district, territory, or
the Commonwealth of Puerto Rico, as the case may be. (Pub.L.
90-620, Oct. 22, 1968, 82 Stat. 1285.)
1677 Sec. 1910. Designations of replacement depositories;
limitations on numbers; conditions.
The designation of a library to replace a depository
library, other than a depository library specifically
designated by law, may be made only within the limitations
on total numbers specified by section 1905 of this title,
and only when the library to be replaced ceases to exist, or
when the library voluntarily relinquishes its depository
status, or when the Superintendent of Documents determines
that it no longer fulfills the conditions provided by law
for depository libraries. (Pub.L. 90-620, Oct. 22, 1968, 82
Stat. 1286.)
1678 Sec. 1912. Regional depositories; designation; functions;
disposal of publications.
Not more than two depository libraries in each State and
the Commonwealth of Puerto Rico may be designated as
regional depositories, and shall receive from the
Superintendent of Documents copies of all new and revised
Government publications authorized for distribution to
depository libraries. Designation of regional depository
libraries may be made by a Senator or the Resident
Commissioner from Puerto Rico within the areas served by
them, after approval by the head of the library authority of
the State or the Commonwealth of Puerto Rico, as the case
may be, who shall first ascertain from the head of the
library to be so designated that the library will, in
addition to fulfilling the requirements for depository
libraries, retain at least one copy of all Government
publications either in printed or microfacsimile form
(except those authorized to be discarded by the
Superintendent of Documents); and within the region served
will provide interlibrary loan, reference service, and
assistance for depository libraries in the disposal of
unwanted Government publications. The agreement to function
as a regional depository library shall be transmitted to the
Superintendent of Documents by the Senator or the Resident
Commissioner from Puerto Rico when the designation is made.
The libraries designated as regional depositories may
permit depository libraries, within the areas served by
them, to dispose of Government publications which they have
retained for five years after first offering them to other
depository libraries within their area, then to other
libraries. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1286.)
1679 Sec. 1914. Implementation of depository library program by
Public Printer.
The Public Printer, with the approval of the Joint
Committee on Printing, as provided by section 103 of this
title, may use any measures he considers necessary for the
economical and practical implementation of this chapter.
(Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1287.)
1680 Sec. 1915. Highest State appellate court libraries as
depository libraries.
Upon the request of the highest appellate court of a
State, the Public Printer is authorized to designate the
library of that court as a depository library. The
provisions of section 1911 of this title shall not apply to
any library so designated. (Pub.L. 92-368, Aug. 10, 1972,
Sec. 1(a), 86 Stat. 507.)
1681 Sec. 1916. Designation of libraries of accredited law
schools as depository libraries.
(a) Upon the request of any accredited law school, the
Public Printer shall designate the library of such law
school as a depository library. The Public Printer may not
make such designation unless he determines that the library
involved meets the requirements of this chapter, other than
those requirements of the first undesignated paragraph of
section 1909 of this title which relate to the location of
such library.
(b) For purposes of this section, the term ``accredited
law school'' means any law school which is accredited by a
nationally recognized accrediting agency or association
approved by the Commissioner of Education for such purpose
or accredited by the highest appellate court of the State in
which the law school is located. (Pub.L. 95-261, Sec. 1,
April 17, 1978, 92 Stat. 199.)
Chapter 21.--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
1682 Sec. 2112. Presidential archival depository.
(a)(1) When the Archivist considers it to be in the
public interest, the Archivist may--
(A)(i) accept, for and in the name of the
United States, land, a facility, and equipment
offered as a gift to the United States for the
purpose of creating a Presidential archival
depository;
(ii) take title to the land, facility, and
equipment on behalf of the United States; and
(iii) maintain, operate, and protect the
land, facility, and equipment as a Presidential
archival depository and as part of the national
archives system; * * *
(3) Prior to accepting and taking title to any land,
facility, or equipment under subparagraph (A) of paragraph
(1), or prior to entering into any agreement under
subparagraph (B) of such paragraph or any other agreement to
accept or establish a Presidential archival depository, the
Archivist shall submit a written report on the proposed
Presidential archival depository to the President of the
Senate and the Speaker of the House of Representatives. The
report shall include--
(A) a description of the land, facility, and
equipment offered as a gift or to be made
available without transfer of title;
(B) a statement specifying the estimated
total cost of the proposed depository and the
amount of the endowment for the depository
required pursuant to subsection (g) of this
section;
(C) a statement of the terms of the proposed
agreement, if any;
(D) a general description of the types of
papers, documents, or other historical materials
proposed to be deposited in the depository to be
created, and of the terms of the proposed
deposit;
(E) a statement of any additional
improvements and equipment associated with the
development and operation of the depository, an
estimate of the costs of such improvements and
equipment, and a statement as to the extent to
which such costs will be incurred by any Federal
or State government agency;
(F) an estimate of the total annual cost to
the United States of maintaining, operating, and
protecting the depository; and
(G) a certification that such facility and
equipment (whether offered as a gift or made
available without transfer of title) comply with
standards promulgated by the Archivist pursuant
to paragraph (2) of this subsection.
(4) Prior to accepting any gift under subparagraph (C)
of paragraph (1) for the purpose of making any physical or
material change or addition to a Presidential archival
depository, or prior to implementing any provision of law
requiring the making of such a change or addition, the
Archivist shall submit a report in writing on the proposed
change or addition to the President of the Senate and the
Speaker of the House of Representatives. The report shall
include--
(A) a description of such gift;
(B) a statement specifying the estimated
total cost of the proposed physical or material
change or addition and the amount of the deposit
in an endowment for the depository required
pursuant to subsection (g) of this section in
order to meet the cost of such change or
addition;
(C) a statement of the purpose of the
proposed change or addition and a general
description of any papers, documents, or
historical materials proposed to be deposited in
the depository as a result of such change or
addition;
(D) a statement of any additional
improvements or equipment for the depository
associated with such change or addition;
(E) an estimate of the increase in the total
annual cost to the United States of maintaining,
operating, and protecting the depository that
will result from such change or addition; and
(F) a certification that the depository, and
the equipment therein will, after such change or
addition, comply with the standards promulgated
by the Archivist pursuant to paragraph (2) of
this subsection.
(5) The Archivist may not--
(A) accept or take title to land, a
facility, or equipment under subparagraph (A) of
paragraph (1) for the purpose of creating a
Presidential archival depository;
(B) enter into any agreement under
subparagraph (B) of such paragraph or any other
agreement to accept or establish a Presidential
archival depository; or
(C) accept any gift under subparagraph (C)
of such paragraph for the purpose of making any
physical or material change to a Presidential
archival depository, until the expiration of a
period of 60 days of continuous session of
Congress beginning on the date on which the
Archivist transmits the report required under
paragraph (3) of this subsection with respect to
such Presidential archival depository or the
report required under paragraph (4) of this
subsection with respect to such change or
addition, as the case may be.
(b) When the Archivist considers it to be in the public
interest, he may deposit in a Presidential archival
depository papers, documents, or other historical materials
accepted under section 2111 of this title, or Federal
records appropriate for preservation.
(c) When the Archivist considers it to be in the public
interest, he may exercise, with respect to papers,
documents, or other historical materials deposited under
this section, or otherwise, in a Presidential archival
depository, all the functions and responsibilities otherwise
vested in him pertaining to Federal records or other
documentary materials in his custody or under his control.
The Archivist, in negotiating for the deposit of
Presidential historical materials, shall take steps to
secure to the Government, as far as possible, the right to
have continuous and permanent possession of the materials.
Papers, documents, or other historical materials accepted
and deposited under section 2111 of this title and this
section are subject to restrictions as to their availability
and use stated in writing by the donors or depositors,
including the restriction that they shall be kept in a
Presidential archival depository. The restrictions shall be
respected for the period stated, or until revoked or
terminated by the donors or depositors or by persons legally
qualified to act on their behalf. Subject to the
restrictions, the Archivist may dispose by sale, exchange,
or otherwise, of papers, documents, or other materials which
the Archivist determines to have no permanent value or
historical interest or to be surplus to the needs of a
Presidential archival depository. Only the first two
sentences of this subsection shall apply to Presidential
records as defined in section 2201(2) of this title.
(d) When the Archivist considers it to be in the public
interest, he may cooperate with and assist a university,
institution of higher learning, institute, foundation, or
other organization or qualified individual to further or to
conduct study or research in historical materials deposited
in a Presidential archival depository.
(e) When the Archivist considers it to be in the public
interest, he may charge and collect reasonable fees for the
privilege of visiting and viewing exhibit rooms or museum
space or for the occasional, non-official use of rooms and
spaces (and services related to such use), in a Presidential
archival depository.
(f) When the Archivist considers it to be in the public
interest, he may provide reasonable office space in a
Presidential archival depository for the personal use of a
former President of the United States.
(g)(1) When the Archivist considers it to be in the
public interest, the Archivist may solicit and accept gifts
or bequests of money or other property for the purpose of
maintaining, operating, protecting, or improving a
Presidential archival depository. The proceeds of gifts or
bequests, together with the proceeds from fees or from sales
of historical materials, copies or reproductions, catalogs,
or other items, having to do with a Presidential archival
depository, shall be paid into an account in the National
Archives Trust Fund and shall be held, administered, and
expended for the benefit and in the interest of the
Presidential archival depository in connection with which
they were received, and for the same purposes and objects,
including custodial and administrative services for which
appropriations for the maintenance, operation, protection,
or improvement of Presidential archival depositories might
be expended.
(2) The Archivist shall provide for the establishment in
such Trust Fund of separate endowments for the maintenance
of the land, facility, and equipment of each Presidential
archival depository, to which shall be credited any gifts or
bequests received under paragraph (1) that are offered for
that purpose. Income to each such endowment shall be
available to cover the cost of facility operations, but
shall not be available for the performance of archival
functions under this title.
(3) The Archivist shall not accept or take title to any
land, facility, or equipment under subparagraph (A) of
subsection (a)(1), or enter into any agreement to use any
land, facility, or equipment under subparagraph (B) of such
subsection for the purpose of creating a Presidential
archival depository, unless the Archivist determines that
there is available, by gift or bequest for deposit under
paragraph (2) of this subsection in an endowment with
respect to such depository, an amount for the purpose of
maintaining such land, facility, and equipment equal to--
(A) the product of--
(i) the total cost of acquiring or
constructing such facility and of acquiring
and installing such equipment, multiplied by
(ii) 20 percent; plus
(B)(i) if title to the land is to be vested
in the United States, the product of--
(I) the total cost of acquiring the land
upon which such facility is located, or such
other measure of the value of such land as
is mutually agreed upon by the Archivist and
the donor, multiplied by
(II) 20 percent; or
(ii) if title to the land is not to be
vested in the United States, the product of--
(I) the total cost to the donor of any
improvements to the land upon which such
facility is located (other than such
facility and equipment), multiplied by
(II) 20 percent; plus
(C) if the Presidential archival depository
will exceed 70,000 square feet in area, an
amount equal to the product of--
(i) the sum of--
(I) the total cost described in
clause (i) of subparagraph (A); plus
(II) the total cost described in
subclause (I) or (II) of
subparagraph (B)(i), as the case may
be, multiplied by
(ii) the percentage obtained by dividing
the number of square feet by which such
depository will exceed 70,000 square feet by
70,000.
(4) If a proposed physical or material change or
addition to a Presidential archival depository would result
in an increase in the costs of facility operations, the
Archivist may not accept any gift under subparagraph (C) of
paragraph (1) for the purpose of making such a change or
addition, or may not implement any provision of law
requiring the making of such a change or addition, unless
the Archivist determines that there is available, by gift or
bequest for deposit under paragraph (2) of this subsection
in an endowment with respect to such depository, an amount
for the purpose of maintaining the land, facility, and
equipment of such depository equal to the difference
between--
(A) the amount which, pursuant to paragraph
(3) of this subsection, would have been required
to have been available for deposit in such
endowment with respect to such depository if
such change or addition had been included in
such depository on--
(i) the date on which the Archivist took
title to the land, facility, and equipment
for such depository under subparagraph (A)
of subsection (a)(1); or
(ii) the date on which the Archivist
entered into an agreement for the creation
of such depository under subparagraph (B) of
such paragraph, as the case may be; minus
(B) the amount which, pursuant to paragraph
(3) of this subsection, was required to be
available for deposit in such endowment with
respect to such depository on the date the
Archivist took such title or entered into such
agreement, as the case may be.
(5)(A) Notwithstanding paragraphs (3) and (4) (to the
extent that such paragraphs are inconsistent with this
paragraph), this subsection shall be administered in
accordance with this paragraph with respect to any
Presidential archival depository created as a depository for
the papers, documents, and other historical materials and
Presidential records pertaining to any President who takes
the oath of office as President for the first time on or
after July 1, 2002.
(B) For purposes of subparagraphs (A)(ii), (B)(i)(II),
and (B)(ii)(II) of paragraph (3) the percentage of 40
percent shall apply instead of 20 percent.
(C)(i) In this subparagraph, the term ``base endowment
amount'' means the amount of the endowment required under
paragraph (3).
(ii)(I) The Archivist may give credits against the base
endowment amount if the Archivist determines that the
proposed Presidential archival depository will have
construction features or equipment that are expected to
result in quantifiable long-term savings to the Government
with respect to the cost of facility operations.
(II) The features and equipment described under
subclause (I) shall comply with the standards promulgated by
the Archivist under subsection (a)(2).
(III) The Archivist shall promulgate standards to be
used in calculating the dollar amount of any credit to be
given, and shall consult with all donors of the endowment
before giving any credits. The total dollar amount of
credits given under this paragraph may not exceed 20 percent
of the base endowment amount.
(D)(i) In calculating the additional endowment amount
required under paragraph (4), the Archivist shall take into
account credits given under subparagraph (C), and may also
give credits against the additional endowment amount
required under paragraph (4), if the Archivist determines
that construction features or equipment used in making or
equipping the physical or material change or addition are
expected to result in quantifiable long-term savings to the
Government with respect to the cost of facility operations.
(ii) The features and equipment described under clause
(i) shall comply with the standards promulgated by the
Archivist under subsection (a)(2).
(iii) The Archivist shall promulgate standards to be
used in calculating the dollar amount of any credit to be
given, and shall consult with all donors of the endowment
before giving any credits. The total dollar amount of
credits given under this paragraph may not exceed 20 percent
of the additional endowment amount required under paragraph
(4). (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1289,
Sec. 2108; Pub.L. 94-575, Sec. 4(a), Oct. 21, 1976, 90 Stat.
2727; Pub.L. 95-591, Sec. 2(b)(3), Nov. 4, 1978, 92 Stat.
2528; renumbered Sec. 2112 and amended Pub.L. 98-497, Title
I, Sec. Sec. 102(a)(1), 107(a)(6), Oct. 19, 1984, 98 Stat.
2280, 2286; Pub.L. 99-323, Sec. 3, May 27, 1986, 100 Stat.
495; Pub.L. 108-7, Div. J, Title V, Sec. 513, Feb. 20, 2003,
117 Stat. 462; Pub.L. 108-383, Sec. 4(a), Oct. 30, 2004, 118
Stat. 2218.)
1683 Sec. 2118. Records of Congress.
The Secretary of the Senate and the Clerk of the House
of Representatives, acting jointly, shall obtain at the
close of each Congress all the noncurrent records of the
Congress and of each congressional committee and transfer
them to the National Archives and Records Administration for
preservation, subject to the orders of the Senate or the
House of Representatives, respectively. (Pub.L. 90-620, Oct.
22, 1968, 82 Stat. 1291, Sec. 2114; renumbered and amended
Pub.L. 98-497, Title I, Sec. Sec. 102(a)(1), 107(a)(10),
Oct. 19, 1984, 98 Stat. 2280, 2286.)
Cross Reference
The Senate provided public access to its records
pursuant to S. Res. 474, Dec. 1, 1980. See Senate Manual
section 135.
Chapter 33.--DISPOSAL OF RECORDS
1684 Sec. 3303a. Examination by Archivist of lists and schedules
of records lacking preservation value; disposal of
records.
(a) The Archivist shall examine the lists and schedules
submitted to him under section 3303 of this title. If the
Archivist determines that any of the records listed in a
list or schedule submitted to him do not, or will not after
the lapse of the period specified, have sufficient
administrative, legal, research, or other value to warrant
their continued preservation by the Government, he may,
after publication of notice in the Federal Register and an
opportunity for interested persons to submit comment
thereon--
(1) notify the agency to that effect; and
(2) empower the agency to dispose of those
records in accordance with regulations
promulgated under section 3302 of this title.
(b) Authorizations granted under lists and schedules
submitted to the Archivist under section 3303 of this title,
and schedules promulgated by the Archivist under subsection
(d) of this section, shall be mandatory, subject to section
2909 of this title. As between an authorization granted
under lists and schedules submitted to the Archivist under
section 3303 of this title and an authorization contained in
a schedule promulgated under subsection (d) of this section,
application of the authorization providing for the shorter
retention period shall be required, subject to section 2909
of this title.
(c) The Archivist may request advice and counsel from
the Committee on Rules and Administration of the Senate and
the Committee on House Oversight of the House of
Representatives with respect to the disposal of any
particular records under this chapter whenever he considers
that--
(1) those particular records may be of
special interest to the Congress; or
(2) consultation with the Congress regarding
the disposal of those particular records is in
the public interest.
However, this subsection does not require the Archivist to
request such advice and counsel as a regular procedure in
the general disposal of records under this chapter.
(d) The Archivist shall promulgate schedules authorizing
the disposal, after the lapse of specified periods of time,
of records of a specified form or character common to
several or all agencies if such records will not, at the end
of the periods specified, have sufficient administrative,
legal, research, or other value to warrant their further
preservation by the United States Government.
(e) The Archivist may approve and effect the disposal of
records that are in his legal custody, provided that records
that had been in the custody of another existing agency may
not be disposed of without the written consent of the head
of the agency.
(f) The Archivist shall make an annual report to the
Congress concerning the disposal of records under this
chapter, including general descriptions of the types of
records disposed of and such other information as he
considers appropriate to keep the Congress fully informed
regarding the disposal of records under this chapter. (Added
Pub.L. 91-287, Sec. 1, June 23, 1970, 84 Stat. 320, and
amended Pub.L. 95-440, Sec. 1, Oct. 10, 1978, 92 Stat. 1063;
Pub.L. 98-497, Title I, Sec. 107(b)(24), (25)(B), Title II,
Sec. 204, Oct. 19, 1984, 98 Stat. 2290, 2294; Pub.L. 104-
186, Title II, Sec. 223(10), Aug. 20, 1996, 110 Stat. 1752;
Pub.L. 108-383, Sec. 2(b), Oct. 30, 2004, 118 Stat. 2218.)
Chapter 35.--COORDINATION OF FEDERAL INFORMATION POLICY
Subchapter I.--Federal Information Policy
1685 Sec. 3501. Purposes.
The purposes of this subchapter are to--
(1) minimize the paperwork burden for
individuals, small businesses, educational and
nonprofit institutions, Federal contractors,
State, local and tribal governments, and other
persons resulting from the collection of
information by or for the Federal Government;
(2) ensure the greatest possible public
benefit from and maximize the utility of
information created, collected, maintained,
used, shared and disseminated by or for the
Federal Government;
(3) coordinate, integrate, and to the extent
practicable and appropriate, make uniform
Federal information resources management
policies and practices as a means to improve the
productivity, efficiency, and effectiveness of
Government programs, including the reduction of
information collection burdens on the public and
the improvement of service delivery to the
public;
(4) improve the quality and use of Federal
information to strengthen decisionmaking,
accountability, and openness in Government and
society;
(5) minimize the cost to the Federal
Government of the creation, collection,
maintenance, use, dissemination, and disposition
of information;
(6) strengthen the partnership between the
Federal Government and State, local, and tribal
governments by minimizing the burden and
maximizing the utility of information created,
collected, maintained, used, disseminated, and
retained by or for the Federal Government;
(7) provide for the dissemination of public
information on a timely basis, on equitable
terms, and in a manner that promotes the utility
of the information to the public and makes
effective use of information technology;
(8) ensure that the creation, collection,
maintenance, use, dissemination, and disposition
of information by or for the Federal Government
is consistent with applicable laws, including
laws relating to--
(A) privacy and confidentiality,
including section 552a of title 5;
(B) security of information, including
section 11332 of title 40; and
(C) access to information, including
section 552 of title 5;
(9) ensure the integrity, quality, and
utility of the Federal statistical system;
(10) ensure that information technology is
acquired, used, and managed to improve
performance of agency missions, including the
reduction of information collection burdens on
the public; and
(11) improve the responsibility and
accountability of the Office of Management and
Budget and all other Federal agencies to
Congress and to the public for implementing the
information collection review process,
information resources management, and related
policies and guidelines established under this
subchapter. (Pub.L. 96-511, Sec. 2(a), Dec. 11,
1980, 94 Stat. 2812; Pub.L. 99-591, Title VIII,
Sec. 811, Oct. 30, 1986, 100 Stat. 3341-335;
Pub.L. 104-13; May 22, 1995, 109 Stat. 163;
Pub.L. 106-398, Oct. 30, 2000, 114 Stat. 1654A-
275; Pub.L. 107-217, Sec. 3(l)(3), Aug. 21,
2002, 116 Stat. 1301.)
1686 Sec. 3503. Office of Information and Regulatory Affairs.
(a) There is established in the Office of Management and
Budget an office to be known as the Office of Information
and Regulatory Affairs.
(b) There shall be at the head of the Office an
Administrator who shall be appointed by the President, by
and with the advice and consent of the Senate. The Director
shall delegate to the Administrator the authority to
administer all functions under this subchapter, except that
any such delegation shall not relieve the Director of
responsibility for the administration of such functions. The
Administrator shall serve as principal adviser to the
Director on Federal information resources management policy.
(Added Pub.L. 96-511, Sec. 2(a), Dec. 11, 1980, 94 Stat.
2814, and amended Pub.L. 99-500, Title I, Sec. 101(m),
[Title VIII, Sec. 813(a)], Oct. 18, 1986, 100 Stat. 1783-
336; Pub.L. 99-591, Title I, Sec. 101(m), [Title VIII,
Sec. 813(a)], Oct. 30, 1986, 100 Stat. 3341-336; Pub.L. 104-
13; May 22, 1995, 109 Stat. 166; Pub.L. 106-398, Oct. 30,
2000, 114 Stat. 1654A-275.)
1687 Sec. 3505. Assignment of tasks and deadlines.
(a) In carrying out the functions under this subchapter,
the Director shall--
(1) in consultation with agency heads, set
an annual Governmentwide goal for the reduction
of information collection burdens by at least 10
percent during each of fiscal years 1996 and
1997 and 5 percent during each of fiscal years
1998, 1999, 2000, and 2001, and set annual
agency goals to--
(A) reduce information collection
burdens imposed on the public that--
(i) represent the maximum
practicable opportunity in each
agency; and
(ii) are consistent with
improving agency management of the
process for the review of
collections of information
established under section 3506(c);
and
(B) improve information resources
management in ways that increase the
productivity, efficiency and effectiveness
of Federal programs, including service
delivery to the public;
(2) with selected agencies and non-Federal
entities on a voluntary basis, conduct pilot
projects to test alternative policies,
practices, regulations, and procedures to
fulfill the purposes of this subchapter,
particularly with regard to minimizing the
Federal information collection burden; and
(3) in consultation with the Administrator
of General Services, the Director of the
National Institute of Standards and Technology,
the Archivist of the United States, and the
Director of the Office of Personnel Management,
develop and maintain a Governmentwide strategic
plan for information resources management, that
shall include--
(A) a description of the objectives and
the means by which the Federal Government
shall apply information resources to improve
agency and program performance;
(B) plans for--
(i) reducing information burdens
on the public, including reducing
such burdens through the elimination
of duplication and meeting shared
data needs with shared resources;
(ii) enhancing public access to
and dissemination of, information,
using electronic and other formats;
and
(iii) meeting the information
technology needs of the Federal
Government in accordance with the
purposes of this subchapter; and
(C) a description of progress in
applying information resources management to
improve agency performance and the
accomplishment of missions.
(b) For purposes of any pilot project conducted under
subsection (a)(2), the Director may, after consultation with
the agency head, waive the application of any administrative
directive issued by an agency with which the project is
conducted, including any directive requiring a collection of
information, after giving timely notice to the public and
the Congress regarding the need for such waiver.
(c) Inventory of Major Information Systems.--(1) The
head of each agency shall develop and maintain an inventory
of major information systems (including major national
security systems) operated by or under the control of such
agency;
(2) The identification of information systems in an
inventory under this subsection shall include an
identification of the interfaces between each such system
and all other systems or networks, including those not
operated by or under the control of the agency;
(3) Such inventory shall be--
(A) updated at least annually;
(B) made available to the Comptroller
General; and
(C) used to support information resources
management, including--
(i) preparation and maintenance of the
inventory of information resources under
section 3506(b)(4);
(ii) information technology planning,
budgeting, acquisition, and management under
section 3506(h), subtitle III of title 40,
and related laws and guidance;
(iii) monitoring, testing, and
evaluation of information security controls
under subchapter II;
(iv) preparation of the index of major
information systems required under section
552(g) of title 5, United States Code; and
(v) preparation of information system
inventories required for records management
under chapters 21, 29, 31, and 33.
(4) The Director shall issue guidance for and oversee
the implementation of the requirements of this subsection.
(Added Pub.L. 96-511, Sec. 2(a), Dec. 11, 1980, 94 Stat.
2818; and amended Pub.L. 99-500, Title I, Sec. 101(m),
[Title VIII, Sec. 815], Oct. 18, 1986, 100 Stat. 1783-337;
Pub.L. 99-591, Title I, Sec. 101(m), [Title VIII, Sec. 815],
Oct. 30, 1986, 100 Stat. 3341-337; Pub.L. 104-13, May 22,
1995, 109 Stat. 170; Pub.L. 106-398, Oct. 30, 2000, 114
Stat. 1654A-275; Pub.L. 107-296, Sec. 1005(c)(2), Nov. 25,
2002, 116 Stat. 2272; Pub.L. 107-347, Sec. 305(c)(2), Dec.
17, 2002, 116 Stat. 2961.)
1688 Sec. 3514. Responsiveness to Congress.
(a)(1) The Director shall--
(A) keep the Congress and congressional
committees fully and currently informed of the
major activities under this subchapter; and
(B) submit a report on such activities to
the President of the Senate and the Speaker of
the House of Representatives annually and at
such other times as the Director determines
necessary.
(2) The Director shall include in any such report a
description of the extent to which agencies have--
(A) reduced information collection burdens
on the public, including--
(i) a summary of accomplishments and
planned initiatives to reduce collection of
information burdens;
(ii) a list of all violations of this
subchapter and of any rules, guidelines,
policies, and procedures issued pursuant to
this subchapter;
(iii) a list of any increase in the
collection of information burden, including
the authority for each such collection; and
(iv) a list of agencies that in the
preceding year did not reduce information
collection burdens in accordance with
section 3505(a)(1), a list of the programs
and statutory responsibilities of those
agencies that precluded that reduction, and
recommendations to assist those agencies to
reduce information collection burdens in
accordance with that section;
(B) improved the quality and utility of
statistical information;
(C) improved public access to Government
information; and
(D) improved program performance and the
accomplishment of agency missions through
information resources management.
(b) The preparation of any report required by this
section shall be based on performance results reported by
the agencies and shall not increase the collection of
information burden on persons outside the Federal
Government. (Added Pub.L. 96-511, Sec. 2(a), Dec. 11, 1980,
94 Stat. 2823, and amended Pub.L. 99-500, Title I,
Sec. 101(m), [Title VIII, Sec. 819], Oct. 18, 1986, 100
Stat. 1783-339; Pub.L. 99-591, Title I, Sec. 101(m), [Title
VIII, Sec. 819], Oct. 30, 1986, 100 Stat. 3341-339; Pub.L.
104-13, May 22, 1995, 109 Stat. 181; Pub.L. 106-398, Oct.
30, 2000, 114 Stat. 1654A-275.)
?
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HISTORICAL DOCUMENTS
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declaration of independence
declaration of independence
[1700]
____________________________________________________________
DECLARATION OF INDEPENDENCE
IN CONGRESS JULY 4, 1776
____________________________________________________________
THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED STATES OF
AMERICA
When in the Course of human events, it becomes necessary
for one people to dissolve the political bands which have
connected them with another, and to assume among the powers
of the earth, the separate and equal station to which the
Laws of Nature and of Nature's God entitle them, a decent
respect to the opinions of mankind requires that they should
declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men
are created equal, that they are endowed by their Creator
with certain unalienable Rights, that among these are Life,
Liberty and the pursuit of Happiness. That to secure these
rights, Governments are instituted among Men, deriving their
just powers from the consent of the governed. That whenever
any Form of Government becomes destructive of these ends, it
is the Right of the People to alter or to abolish it, and to
institute new Government, laying its foundation on such
principles and organizing its powers in such form, as to
them shall seem most likely to effect their Safety and
Happiness. Prudence, indeed, will dictate that Governments
long established should not be changed for light and
transient causes; and accordingly all experience hath shewn
that mankind are more disposed to suffer, while evils are
sufferable, than to right themselves by abolishing the forms
to which they are accustomed. But when a long train of
abuses and usurpations, pursuing invariably the same Object
evinces a design to reduce them under absolute Despotism, it
is their right, it is their duty, to throw off such
Government, and to provide new Guards for their future
security. Such has been the patient sufferance of these
Colonies; and such is now the necessity which constrains
them to alter their former Systems of Government. The
history of the present King of Great Britain is a history of
repeated injuries and usurpations, all having in direct
object the establishment of an absolute Tyranny over these
States. To prove this, let Facts be submitted to a candid
world.
He has refused his Assent to Laws, the most wholesome
and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate
and pressing importance, unless suspended in their operation
till his Assent should be obtained; and when so suspended he
has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation
of large districts of people, unless those people would
relinquish the right of Representation in the Legislature, a
right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places
unusual, uncomfortable, and distant from the dispository of
their public Records, for the sole purpose of fatiguing them
into compliance with his measures.
He has dissolved Representative Houses repeatedly, for
opposing with manly firmness his invasions on the rights of
the people.
He has refused for a long time, after such dissolutions,
to cause others to be elected; whereby the Legislative
powers, incapable of Annihilation, have returned to the
People at large for their exercise; the State remaining in
the mean time exposed to all the dangers of invasion from
without, and convulsions within.
He has endeavoured to prevent the population of these
States; for that purpose obstructing the Laws for
Naturalization of Foreigners; refusing to pass others to
encourage their migrations hither, and raising the
conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by
refusing his Assent to Laws for establishing Judiciary
powers.
He has made Judges dependent on his Will alone, for the
tenure of their offices, and the amount and payment of their
salaries.
He has erected a multitude of New Offices, and sent
hither swarms of Officers to harrass our people, and eat out
their substance.
He has kept among us, in times of peace, Standing Armies
without the Consent of our legislatures.
He has affected to render the Military independent of
and superior to the Civil power.
He has combined with others to subject us to a
jurisdiction foreign to our constitution, and unacknowledged
by our laws; giving his Assent to their Acts of pretended
Legislation:
For quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from punishment
for any Murders which they should commit on the Inhabitants
of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial
by Jury:
For transporting us beyond Seas to be tried for
pretended offences:
For abolishing the free System of English Laws in a
neighbouring Province, establishing therein an Arbitrary
government, and enlarging its Boundaries so as to render it
at once an example and fit instrument for introducing the
same absolute rule into these Colonies:
For taking away our Charters, abolishing our most
valuable Laws, and altering fundamentally the Forms of our
Governments:
For suspending our own Legislatures, and declaring
themselves invested with power to legislate for us in all
cases whatsoever.
He has abdicated Government here, by declaring us out of
his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our
towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign
Mercenaries to compleat the works of death, desolation and
tyranny, already begun with circumstances of Cruelty &
perfidy scarcely paralleled in the most barbarous ages, and
totally unworthy of the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on
the high Seas to bear Arms against their Country, to become
the executioners of their friends and Brethren, or to fall
themselves by their Hands.
He has excited domestic insurrections amongst us, and
has endeavoured to bring on the inhabitants of our
frontiers, the merciless Indian Savages, whose known rule of
warfare is an undistinguished destruction of all ages, sexes
and conditions.
In every stage of these Oppressions We have Petitioned
for Redress in the most humble terms: Our repeated Petitions
have been answered only by repeated injury. A Prince, whose
character is thus marked by every act which may define a
Tyrant, is unfit to be the ruler of a free people.
Nor have We been wanting in attentions to our British
brethren. We have warned them from time to time of attempts
by their legislature to extend an unwarrantable jurisdiction
over us. We have reminded them of the circumstances of our
emigration and settlement here. We have appealed to their
native justice and magnanimity, and we have conjured them by
the ties of our common kindred to disavow these usurpations,
which would inevitably interrupt our connections and
correspondence. They too have been deaf to the voice of
justice and of consanguinity. We must, therefore, acquiesce
in the necessity, which denounces our Separation, and hold
them, as we hold the rest of mankind, Enemies in War, in
Peace Friends.
WE, THEREFORE, the Representatives of the United States
of America, in General Congress, Assembled, appealing to the
Supreme Judge of the world for the rectitude of our
intentions, do, in the Name, and by authority of the good
People of these Colonies, solemnly publish and declare, That
these United Colonies are, and of Right ought to be Free and
Independent States; that they are Absolved from all
Allegiance to the British Crown, and that all political
connection between them and the State of Great Britain, is
and ought to be totally dissolved; and that as Free and
Independent States, they have full Power to levy War,
conclude Peace, contract Alliances, establish Commerce, and
do all other Acts and Things which Independent States may of
right do. And for the support of this Declaration, with a
firm reliance on the protection of divine Providence, we
mutually pledge to each other our Lives, our Fortunes, and
our sacred Honor.
(The foregoing declaration was, by order of Congress, engrossed, and
signed by the following members:)
JOHN HANCOCK.
New Hampshire
Vosiah Bartlett,
Wm. Whipple,
Matthew Thornton.
Massachusetts Bay
Saml. Adams,
John Adams,
Robt. Treat Paine,
Elbridge Gerry.
Rhode Island, etc.
Step. Hopkins,
William Ellery.
Connecticut
Roger Sherman,
Sam'el Huntington,
Wm. Williams,
Oliver Wolcott.
New York
Wm. Floyd,
Phil. Livingston,
Frans. Lewis,
Lewis Morris.
New Jersey
Richd. Stockton,
Jno. Witherspoon,
Fras. Hopkinson,
John Hart,
Abra Clark.
Pennsylvania
Robt. Morris,
Benjamin Rush,
Benja. Franklin,
John Morton,
Geo. Clymer,
Jas. Smith,
Geo. Taylor,
James Wilson,
Geo. Ross.
Delaware
Caesar Rodney,
Geo. Read,
Tho. M'Kean.
Maryland
Samuel Chase,
Wm. Paca,
Thos. Stone,
Charles Carroll of
Carrollton.
Virginia
George Withe,
Richard Henry Lee,
Th. Jefferson,
Benja. Harrison,
Thos. Nelson, Jr.,
Francis Lightfoot Lee,
Carter Braxton.
North Carolina
Wm. Hooper,
Joseph Hewes,
John Penn.
South Carolina
Edward Rutledge,
Thos. Heyward, Junr.,
Thomas Lynch, Junr.,
Arthur Middleton.
Georgia
Button Gwinnett,
Lyman Hall,
Geo. Walton.
Resolved, That copies of the Declaration be sent to the
several assemblies, conventions, and committees or councils
of safety, and to the several commanding officers of the
Continental Troops: That it be proclaimed in each of the
United States, and at the Head of the Army.--[Jour. Cong.,
vol. 1, p. 396.]
articles of confederation
articles of confederation
[1701]
____________________________________________________________
ARTICLES OF CONFEDERATION
____________________________________________________________
HISTORICAL BACKGROUND
While the Declaration of Independence was under
consideration in the Continental Congress, and before it was
finally agreed upon, measures were taken for the
establishment of a constitutional form of government; and on
the 11th of June, 1776, it was ``Resolved, That a committee
be appointed to prepare and digest the form of a
confederation to be entered into between these Colonies'';
which committee was appointed the next day, June 12, and
consisted of a member from each Colony, namely: Mr.
Bartlett, Mr. S. Adams, Mr. Hopkins, Mr. Sherman, Mr. R. R.
Livingston, Mr. Dickinson, Mr. McKean, Mr. Stone, Mr.
Nelson, Mr. Hewes, Mr. E. Rutledge, and Mr. Gwinnett. On the
12th of July, 1776, the committee reported a draft of the
Articles of Confederation, which was printed for the use of
the members under the strictest injunctions of secrecy.
This report underwent a thorough discussion in Congress,
from time to time, until the 15th of November, 1777; on
which day, ``Articles of Confederation and Perpetual Union''
were finally agreed to in form, and they were directed to be
proposed to the legislatures of all the United States, and
if approved by them, they were advised to authorize their
delegates to ratify the same in the Congress of the United
States; and in that event they were to become conclusive. On
the 17th of November, 1777, the Congress agreed upon the
form of a circular letter to accompany the Articles of
Confederation, which concluded with a recommendation to each
of the several legislatures ``to invest its delegates with
competent powers, ultimately, and in the name and behalf of
the State, to subscribe articles of confederation and
perpetual union of the United States, and to attend Congress
for that purpose on or before the 10th day of March next.''
This letter was signed by the President of Congress and
sent, with a copy of the articles, to each State
legislature.
On the 26th of June, 1778, Congress agreed upon the form
of a ratification of the Articles of Confederation, and
directed a copy of the articles and the ratification to be
engrossed on parchment; which, on the 9th of July, 1778,
having been examined and the blanks filled, was signed by
the delegates of New Hampshire, Massachusetts Bay, Rhode
Island and Providence Plantations, Connecticut, New York,
Pennsylvania, Virginia, and South Carolina. Congress then
directed that a circular letter be addressed to the States
whose delegates were not present, or being present,
conceived they were not authorized to sign the ratification,
informing them how many and what States had ratified the
Articles of Confederation, and desiring them, with all
convenient dispatch, to authorize their delegates to ratify
the same. Of these States, North Carolina ratified on the
21st and Georgia on the 24th of July, 1778; New Jersey on
the 26th of November following; Delaware on the 5th of May,
1779; Maryland on the 1st of March, 1781; and on the 2d of
March, 1781, Congress assembled under the new form of
government.
articles of confederation
articles of confederation
[1701]
____________________________________________________________
ARTICLES OF CONFEDERATION\1\
____________________________________________________________
1701.1 ACT OF CONFEDERATION OF THE UNITED STATES OF AMERICA
to all to whom these presents shall come, we the undersigned
delegates of the states affixed to our names, send
greetings
Whereas the Delegates of the United States of America in
Congress assembled did on the 15th day of November in the
Year of our Lord One Thousand Seven Hundred and Seventy
seven, and in the Second Year of the Independence of America
agree to certain articles of Confederation and perpetual
Union between the states of Newhampshire, Massachusetts-bay,
Rhodeisland and Providence Plantations, Connecticut, New
York, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, North Carolina, South Carolina and Georgia in the
Words following, viz.
\1\Adopted by the Continental Congress on November 15,
1777, while meeting at York, Pennsylvania, which served as
the site of the National Capital from September 30, 1777, to
June 27, 1778. Ratification of the Articles by the
respective delegates commenced on July 9, 1778, in
Philadelphia, Pennsylvania, but was not completed until
March 1, 1781, when the Articles were signed by the
delegates from Maryland.
``articles of confederation and perpetual union between the
states of newhampshire, massachusetts-bay, rhodeisland
and providence plantations, connecticut, new york, new
jersey, pennsylvania, delaware, maryland, virginia,
north carolina, south carolina and georgia
1701.2 Article i. The Stile of this confederacy shall be ``The
United States of America.''
1701.3 Article ii. Each State retains its Sovereignty, freedom
and independence, and every Power, Jurisdiction and right,
which is not by this confederation expressly delegated to
the United States in Congress assembled.
1701.4 Article iii. The said states hereby severally enter into
a firm league of friendship with each other, for their
common defence, the security of their Liberties, and their
mutual and general welfare, binding themselves to assist
each other, against all force offered to, or attacks made
upon them, or any of them, on account of religion,
sovereignty, trade, or any other pretence whatever.
1701.5 Article iv. The better to secure and perpetuate mutual
friendship and intercourse among the people of the different
states in this union, the free inhabitants of each of these
states, paupers, vagabonds and fugitives from Justice
excepted, shall be entitled to all privileges and immunities
of free citizens in the several states, and the people of
each state shall have free ingress and regress to and from
any other state, and shall enjoy therein all the privileges
of trade and commerce, subject to the same duties,
impositions and restrictions as the inhabitants thereof
respectively, provided that such restrictions shall not
extend so far as to prevent the removal of property imported
into any state, to any other state of which the Owner is an
inhabitant, provided also that no imposition, duties or
restriction shall be laid by any state, on the property of
the united states, or either of them.
If any Person guilty of, or charged with treason, felony
or other high misdemeanor in any state, shall flee from
Justice, and be found in any of the united states, he shall
upon demand of the Governor or executive power, of the state
from which he fled, be delivered up and removed to the state
having jurisdiction of his offence.
Full faith and credit shall be given in each of these
states to the records, acts and judicial proceedings of the
courts and magistrates of every other state.
1701.6 Article v. For the more convenient management of the
general interest of the united states, delegates shall be
annually appointed in such manner as the legislature of each
state shall direct, to meet in Congress on the first Monday
in November, in every year, with a power reserved to each
state, to recall its delegates, or any of them, at any time
within the year, and to send others in their stead, for the
remainder of the Year.
No state shall be represented in Congress by less than
two, nor by more than seven Members; and no person shall be
capable of being a delegate for more than three years in any
term of six years; nor shall any person, being a delegate,
be capable of holding any office under the united states,
for which he, or another for his benefit receives any
salary, fees or emolument of any kind.
Each state shall maintain its own delegates in a meeting
of the states, and while they act as members of the
committee of the states.
In determining questions in the united states, in
Congress assembled, each state shall have one vote.
Freedom of speech and debate in Congress shall not be
impeached or questioned in any Court, or place out of
Congress, and the members of congress shall be protected in
their persons from arrests and imprisonments, during the
time of their going to and from, and attendance on congress,
except for treason, felony, or breach of the peace.
1701.7 Article vi. No state without the Consent of the united
states in congress assembled, shall send any embassy to, or
receive any embassy from, or enter into any conference,
agreement, alliance or treaty with any King, prince or
state; nor shall any person holding any office of profit or
trust under the united states, or any of them, accept of any
present, emolument, office or title of any kind whatever
from any king, prince or foreign state; nor shall the united
states in congress assembled, or any of them, grant any
title of nobility.
No two or more states shall enter into any treaty,
confederation or alliance whatever between them, without the
consent of the united states in congress assembled,
specifying accurately the purposes for which the same is to
be entered into, and how long it shall continue.
No state shall lay any imposts of duties, which may
interfere with any stipulations in treaties, entered into by
the united states in congress assembled with any king,
prince or state, in pursuance of any treaties already
proposed by congress to the courts of France and Spain.
No vessels of war shall be kept up in time of peace by
any state, except such number only, as shall be deemed
necessary by the united states in congress assembled, for
the defence of such state, or its trade; nor shall any body
of forces be kept up by any state, in time of peace, except
such number only, as in the judgment of the united states,
in congress assembled, shall be deemed requisite to garrison
the forts necessary for the defence of such state; but every
state shall always keep up a well regulated and disciplined
militia, sufficiently armed and accoutred, and shall provide
and constantly have ready for use, in public stores, a due
number of field-pieces and tents, and a proper quantity of
arms, ammunition and camp equipage.
No state shall engage in any war without the consent of
the united states in congress assembled, unless such state
be actually invaded by enemies, or shall have received
certain advice of a resolution being formed by some nation
of Indians to invade such state, and the danger is so
imminent as not to admit of a delay, till the united states
in congress assembled can be consulted: nor shall any state
grant commissions to any ships or vessels of war, nor
letters of marque or reprisal, except it be after a
declaration of war by the united states in Congress
assembled, and then only against the kingdom or state and
the subjects thereof, against which war has been so
declared, and under such regulations as shall be established
by the united states in congress assembled, unless such
state be infested by pirates, in which case vessels of war
may be fitted out for that occasion, and kept so long as the
danger shall continue, or until the united states in
congress assembled shall determine otherwise.
1701.8 Article vii. When land-forces are raised by any state
for the common defence, all officers of or under the rank of
colonel, shall be appointed by the legislature of each state
respectively by whom such forces shall be raised, or in such
manner as such state shall direct, and all vacancies shall
be filled up by the state which first made the appointment.
1701.9 Article viii. All charges of war, and all other expences
that shall be incurred for the common defence or general
welfare, and allowed by the united states in congress
assembled, shall be defrayed out of a common treasury, which
shall be supplied by the several states, in proportion to
the value of all land within each state, granted to or
surveyed for any Person, as such land and the buildings and
improvements thereon shall be estimated according to such
mode as the united states in congress assembled, shall from
time to time direct and appoint.
The taxes for paying that proportion shall be laid and
levied by the authority and direction of the legislatures of
the several states within the time agreed upon by the united
states in congress assembled.
1701.10 Article ix. The united states in congress assembled,
shall have the sole and exclusive right and power of
determining on peace and war, except in the cases mentioned
in the sixth article--of sending and receiving embassadors--
entering into treaties and alliances, provided that no
treaty of commerce shall be made whereby the legislative
power of the respective states shall be restrained from
imposing such imposts and duties on foreigners, as their own
people are subjected to, or from prohibiting the exportation
or importation of any species of goods or commodities
whatsoever--of establishing rules for deciding in all cases,
what captures on land or water shall be legal, and in what
manner prizes taken by land or naval forces in the service
of the united states shall be divided or appropriated--of
granting letters of marque and reprisal in times of peace--
appointing courts for the trial of piracies and felonies
committed on the high seas and establishing courts for
receiving and determining finally appeals in all cases of
captures, provided that no member of congress shall be
appointed a judge of any of the said courts.
The united states in congress assembled shall also be
the last resort on appeal in all disputes and differences
now subsisting or that hereafter may arise between two or
more states concerning boundary, jurisdiction or any other
cause whatever, which authority shall always be exercised in
the manner following. Whenever the legislative or executive
authority or lawful agent of any state in controversy with
another shall present a petition to congress stating the
matter in question and praying for a hearing, notice thereof
shall be given by order of congress to the legislative or
executive authority of the other state in controversy, and a
day assigned for the appearance of the parties by their
lawful agents, who shall then be directed to appoint by
joint consent, commissioners or judges to constitute a court
for hearing and determining the matter in question: but if
they cannot agree, congress shall name three persons out of
each of the united states, and from the list of such persons
each party shall alternately strike out one, the petitioners
beginning, until the number shall be reduced to thirteen;
and from that number not less than seven, nor more than nine
names as congress shall direct, shall in the presence of
congress be drawn out by lot, and the persons whose names
shall be so drawn or any five of them, shall be
commissioners or judges, to hear and finally determine the
controversy, so always as a major part of the judges who
shall hear the cause shall agree in the determination: and
if either party shall neglect to attend at the day
appointed, without showing reasons, which congress shall
judge sufficient, or being present shall refuse to strike,
the congress shall proceed to nominate three persons out of
each State, and the secretary of congress shall strike in
behalf of such party absent or refusing; and the judgment
and sentence of the court to be appointed, in the manner
before prescribed, shall be final and conclusive; and if any
of the parties shall refuse to submit to the authority of
such court, or to appear or defend their claim or cause, the
court shall nevertheless proceed to pronounce sentence, or
judgment, which shall in like manner be final and decisive,
the judgment or sentence and other proceedings being in
either case transmitted to congress, and lodged among the
acts of congress for the security of the parties concerned:
provided that every commissioner, before he sits in
judgment, shall take an oath to be administered by one of
the judges of the supreme or superior court of the state,
where the cause shall be tried, ``well and truly to hear and
determine the matter in question, according to the best of
his judgment without favour, affection or hope of reward'':
provided also that no state shall be deprived of territory
for the benefit of the united states.
All controversies concerning the private right of soil
claimed under different grants of two or more states, whose
jurisdiction as they may respect such lands, and the states
which passed such grants are adjusted, the said grants or
either of them being at the same time claimed to have
originated antecedent to such settlement of jurisdiction,
shall on the petition of either party to the congress of the
united states, be finally determined as near as may be in
the same manner as is before prescribed for deciding
disputes respecting territorial jurisdiction between
different states.
The united states in congress assembled shall also have
the sole and exclusive right and power of regulating the
alloy and value of coin struck by their own authority, or by
that of the respective states--fixing the standard of
weights and measures throughout the united states--
regulating the trade and managing all affairs with the
Indians, not members of any of the states, provided that the
legislative right of any state within its own limits be not
infringed or violated--establishing and regulating post-
offices from one state to another, throughout all the united
states, and exacting such postage on the papers passing
thro' the same as may be requisite to defray the expences of
the said office--appointing all officers of the land forces,
in the service of the united states, excepting regimental
officers--appointing all the officers of the naval forces,
and commissioning all officers whatever in the service of
the united states--making rules for the government and
regulation of the said land and naval forces, and directing
their operations.
The united states in congress assembled shall have
authority to appoint a committee, to sit in the recess of
congress, to be denominated ``A Committee of the States,''
and to consist of one delegate from each state; and to
appoint such other committees and civil officers as may be
necessary for managing the general affairs of the united
states under their direction--to appoint one of their number
to preside, provided that no person be allowed to serve in
the office of president more than one year in any term of
three years; to ascertain the necessary sums of Money to be
raised for the service of the united states, and to
appropriate and apply the same for defraying the public
expences--to borrow money, or emit bills on the credit of
the united states, transmitting every half year to the
respective states an account of the sums of moneys so
borrowed or emitted--to build and equip a navy--to agree
upon the number of land forces, and to make requisition from
each state for its quota, in proportion to the number of
white inhabitants in such state; which requisitions shall be
binding, and thereupon the legislature of each state shall
appoint the regimental officers, raise the men and cloath,
arm and equip them in a soldier like manner, at the expence
of the united states; and the officers and men so cloathed,
armed and equipped shall march to the place appointed, and
within the time agreed on by the united states in congress
assembled: But if the united states in congress assembled
shall, on consideration of circumstances judge proper that
any state should not raise men, or should raise a smaller
number than its quota, and that any other state should raise
a greater number of men than the quota thereof, such extra
number shall be raised, officered, cloathed, armed and
equipped in the same manner as the quota of such state,
unless the legislature of such state shall judge that such
extra number cannot be safely spared out of the same, in
which case they shall raise, officer, cloath, arm and equip
as many of such extra number as they judge can be safely
spared. And the officers and men so cloathed, armed and
equipped, shall march to the place appointed, and within the
time agreed on by the united states in congress assembled.
The united states in congress assembled shall never
engage in a war, nor grant letters of marque and reprisal in
time of peace, nor enter into any treaties or alliances, nor
coin money, nor regulate the value thereof, nor ascertain
the sums and expences necessary for the defence and welfare
of the united states, or any of them, nor emit bills, nor
borrow money on the credit of the united states, nor
appropriate money, nor agree upon the number of vessels of
war, to be built or purchased, or the number of land or sea
forces to be raised, nor appoint a commander-in-chief of the
army or navy, unless nine states assent to the same; nor
shall a question on any other point, except for adjourning
from day to day be determined, unless by the votes of a
majority of the united states in congress assembled.
The Congress of the united states shall have power to
adjourn to any time within the year, and to any place within
the united states, so that no period of adjournment be for a
longer duration than the space of six Months, and shall
publish the Journal of their proceedings monthly, except
such parts thereof relating to treaties, alliances or
military operations as in their judgment require secrecy;
and the yeas and nays of the delegates of each state on any
question shall be entered on the Journal, when it is desired
by any delegate; and the delegates of a state, or any of
them, at his or their request shall be furnished with a
transcript of the said Journal, except such parts as are
above excepted, to lay before the legislatures of the
several states.
1701.11 Article x. The committee of the states, or any nine of
them, shall be authorized to execute, in the recess of
congress such of the powers of congress as the united states
in congress assembled, by the consent of nine states, shall
from time to time think expedient to vest them with;
provided that no power be delegated to the said committee,
for the exercise of which, by the articles of confederation,
the voice of nine states in the congress of the united
states assembled is requisite.
1701.12 Article xi. Canada acceding to this confederation, and
joining in the measures of the united states, shall be
admitted into, and entitled to all the advantages of this
union: but no other colony shall be admitted into the same,
unless such admission be agreed to by nine states.
1701.13 Article xii. All bills of credit emitted, monies
borrowed and debts contracted by, or under the authority of
congress, before the assembling of the united states, in
pursuance of the present confederation, shall be deemed and
considered as a charge against the united states, for
payment and satisfaction whereof the said united states, and
the public faith are hereby solemnly pledged.
1701.14 Article xiii. Every state shall abide by the
determinations of the united states in congress assembled,
on all questions which by this confederation are submitted
to them. And the Articles of this confederation shall be
inviolably observed by every state, and the union shall be
perpetual; nor shall any alteration at any time hereafter be
made in any of them; unless such alteration be agreed to in
a congress of the united states, and be afterward confirmed
by the legislatures of every state.
1701.15 AND WHEREAS it has pleased the Great Governor of the
World to incline the hearts of the legislatures we
respectively represent in congress, to approve of, and to
authorize us to ratify the said articles of confederation
and perpetual union. KNOW YE that we the undersigned
delegates, by virtue of the power and authority to us given
for that purpose, do by these presents, in the name and in
behalf of our respective constituents, fully and entirely
ratify and confirm each and every of the said articles of
confederation and perpetual union, and all and singular the
matters and things therein contained: And we do further
solemnly plight and engage the faith of our respective
constituents, that they shall abide by the determinations of
the united states in congress assembled, on all questions,
which by the said confederation are submitted to them. And
that the articles thereof shall be inviolably observed by
the states we respectively represent and that the union
shall be perpetual.
1701.16 IN WITNESS whereof we have hereunto set our hands in
Congress. DONE at Philadelphia in the state of Pennsylvania
the ninth Day of July in the Year of our Lord one Thousand
seven Hundred and Seventy-eight, and in the third year of
the independence of America.
On the part and behalf of the State of New Hampshire.
Josiah Bartlett,
John Wentworth, Junr.
August 8, 1778.
On the part and behalf of the State of Massachusetts Bay.
John Hancock,
Samuel Adams,
Elbridge Gerry,
Francis Dana,
James Lovell,
Samuel Holten.
On the part and in behalf of the State of Rhode Island and Providence
Plantations.
William Ellery,
Henry Marchant,
John Collins.
On the part and behalf of the State of Connecticut.
Roger Sherman,
Samuel Huntington,
Oliver Wolcott,
Titus Hosmer,
Andrew Adams.
On the part and behalf of the State of New York.
Jas Duane,
Fras Lewis,
William Duer,
Gouvr Morris.
On the part and in behalf of the State of New Jersey.
Jno Witherspoon,
Nathl Scudder, Nov. 26, 1778.
On the part and behalf of the State of Pennsylvania.
Robt. Morris,
Daniel Roberdeau,
Jona Bayard Smith,
William Clingan,
Joseph Reed, July 22, 1778.
On the part and behalf of the State of Delaware.
John Dickinson,May5,1779,
Nicholas Van Dyke,
Tho. M'Kean, Feb. 12, 1779.
On the part and behalf of the State of Maryland.
JohnHanson,March1,1781,
Daniel Carrol Do
On the part and behalf of the State of Virginia.
Richard Henry Lee,
John Banister,
Thomas Adams,
Jno Harvie,
Francis Lightfoot Lee.
On the part and behalf of the State of North Carolina.
John Penn, July 21, 1778,
Corns. Harnett,
Jno Williams.
On the part and behalf of the State of South Carolina.
Henry Laurens,
William Henry Drayton,
Jno Mathews,
Richard Hutson,
Thos. Heyward, Junr.
On the part and behalf of the State of Georgia.
JnoWalton,24thJuly1778,
Edwd Telfair,
Edwd. Langworthy.
ordinance of 1787
ordinance of 1787
[1702]
____________________________________________________________
ORDINANCE OF 1787
____________________________________________________________
AN ORDINANCE FOR THE GOVERNMENT OF THE TERRITORY OF THE
UNITED STATES NORTHWEST OF THE RIVER OHIO
[The Confederate Congress, July 13, 1787]
1702.1 Section 1. Be it ordained by the United States in
Congress assembled, That the said Territory, for the purpose
of temporary government, by one district, subject, however,
to be divided into two districts, as future circumstances
may, in the opinion of Congress, make it expedient.
1702.2 Sec. 2. Be it ordained by the authority aforesaid, That
the estates both of resident and non-resident proprietors in
the said territory, dying intestate, shall descend to, and
be distributed among, their children and the descendants of
a deceased child in equal parts, the descendants of a
deceased child or grandchild to take the share of their
deceased parent in equal parts among them; and where there
shall be no children or descendants, then in equal parts to
the next of kin, in equal degree; and among collaterals, the
children of a deceased brother or sister of the intestate
shall have, in equal parts among them, their deceased
parent's share; and there shall, in no case, be a
distinction between kindred of the whole and half blood;
saving in all cases to the widow of the intestate, her third
part of the real estate for life, and one-third part of the
personal estate; and this law relative to descents and
dower, shall remain in full force until altered by the
legislature of the district. And until the governor and
judges shall adopt laws as hereinafter mentioned, estates in
the said territory may be devised or bequeathed by wills in
writing, signed and sealed by him or her in whom the estate
may be (being of full age), and attested by three witnesses;
and real estates may be conveyed by lease and release, or
bargain and sale, signed, sealed, and delivered by the
person, being of full age, in whom the estate may be, and
attested by two witnesses, provided such wills be duly
proved, and such conveyances be acknowledged, or the
execution thereof duly proved, and be recorded within one
year after proper magistrates, courts, and registers, shall
be appointed for that purpose; and personal property may be
transferred by delivery, saving, however, to the French and
Canadian inhabitants, and other settlers of the Kaskaskies,
Saint Vincents, and the neighboring villages, who have
heretofore professed themselves citizens of Virginia, their
laws and customs now in force among them, relative to the
descent and conveyance of property.
1702.3 Sec. 3. Be it ordained by the authority aforesaid, That
there shall be appointed, from time to time, by Congress, a
governor whose commission shall continue in force for the
term of three years, unless sooner revoked by Congress; he
shall reside in the district, and have a freehold estate
therein, in one thousand acres of land, while in the
exercise of his office.
1702.4 Sec. 4. There shall be appointed from time to time, by
Congress, a secretary, whose commission shall continue in
force for four years, unless sooner revoked; he shall reside
in the district, and have a freehold estate therein, in five
hundred acres of land, while in the exercise of his office.
It shall be his duty to keep and preserve the acts and laws
passed by the legislature, and the public records of the
district, and the proceedings of the governor in his
executive department, and transmit authentic copies of such
acts and proceedings every six months to the Secretary of
Congress. There shall also be appointed a court, to consist
of three judges, any two of whom to form a court, who shall
have a common-law jurisdiction, and reside in the district,
and have each therein a freehold estate, in five hundred
acres of land, while in the exercise of their offices; and
their commissions shall continue in force during good
behavior.
1702.5 Sec. 5. The governor and judges, or a majority of them,
shall adopt and publish in the district such laws of the
original States, criminal and civil, as may be necessary,
and best suited to the circumstances of the district, and
report them to Congress from time to time, which laws shall
be in force in the district until the organization of the
general assembly therein, unless disapproved of by Congress;
but afterwards the legislature shall have authority to alter
them as they shall think fit.
1702.6 Sec. 6. The governor, for the time being, shall be
commander-in-chief of the militia, appoint and commission
all officers in the same below the rank of general officers;
all general officers shall be appointed, and commissioned by
Congress.
1702.7 Sec. 7. Previous to the organization of the general
assembly the governor shall appoint such magistrates, and
other civil officers, in each county or township, as he
shall find necessary for the preservation of the peace and
good order in the same. After the general assembly shall be
organized the powers and duties of magistrates and other
civil officers shall be regulated and defined by the said
assembly; but all magistrates and other civil officers, not
herein otherwise directed, shall, during the continuance of
this temporary government, be appointed by the governor.
1702.8 Sec. 8. For the prevention of crimes and injuries, the
laws to be adopted or made shall have force in all parts of
the district, and for the execution of process, criminal and
civil, the governor shall make proper divisions thereof, and
he shall proceed, from time to time, as circumstances may
require, to lay out the parts of the district in which the
Indian titles shall have been extinguished, into counties
and townships, subject, however, to such alterations as may
thereafter be made by the legislature.
1702.9 Sec. 9. So soon as there shall be five thousand free
male inhabitants, of full age, in the district, upon giving
proof thereof to the governor, they shall receive authority,
with time and place, to elect representatives from their
counties or townships, to represent them in the general
assembly: Provided, That for every five hundred free male
inhabitants there shall be one representative, and so on,
progressively, with the number of free male inhabitants,
shall the right of representation increase, until the number
of representatives shall amount to twenty-five; after which
the number and proportion of representatives shall be
regulated by the legislature: Provided, That no person be
eligible or qualified to act as a representative, unless he
shall have been a citizen of one of the United States three
years, and be a resident in the district, or unless he shall
have resided in the district three years, and, in either
case, shall likewise hold in his own right, in fee-simple,
two hundred acres of land within the same: Provided also,
That a freehold in fifty acres of land in the district,
having been a citizen of one of the States, and being
resident in the district, or the like freehold and two
years' residence in the district, shall be necessary to
qualify a man as an elector of a representative.
1702.10 Sec. 10. The representatives thus elected shall serve
for the term of two years; and in case of the death of a
representative, or removal from office, the governor shall
issue a writ to the county or township, for which he was a
member, to elect another in his stead, to serve for the
residue of the term.
1702.11 Sec. 11. The general assembly, or legislature, shall
consist of the governor, legislative council, and a house of
representatives. The legislative council shall consist of
five members, to continue in office five years, unless
sooner removed by Congress; any three of whom to be a
quorum; and the members of the council shall be nominated
and appointed in the following manner, to wit: As soon as
representatives shall be elected the governor shall appoint
a time and place for them to meet together, and, when met
they shall nominate ten persons, resident in the district,
and each possessed of a freehold in five hundred acres of
land, and return their names to Congress, five of whom
Congress shall appoint and commission to serve as aforesaid;
and whenever a vacancy shall happen in the council, by death
or removal from office, the house of representatives shall
nominate two persons, qualified as aforesaid, for each
vacancy, and return their names to Congress, one of whom
Congress shall appoint and commission for the residue of the
term; and every five years, four months at least before the
expiration of the time of service of the members of the
council, the said house shall nominate ten persons,
qualified as aforesaid, and return their names to Congress,
five of whom Congress shall appoint and commission to serve
as members of the council five years, unless sooner removed.
And the governor, legislative council, and house of
representatives shall have authority to make laws in all
cases for the good government of the district, not repugnant
to the principles and articles in this ordinance established
and declared. And all bills, having passed by a majority in
the house, and by a majority in the council, shall be
referred to the governor for his assent; but no bill or
legislative act whatever, shall be of any force without his
assent. The governor shall have power to convene, prorogue,
and dissolve the general assembly, when, in his opinion, it
shall be expedient.
1702.12 Sec. 12. The governor, judges, legislative council,
secretary, and such other officers as Congress shall appoint
in the district, shall take an oath or affirmation of
fidelity, and of office; the governor before the President
of Congress, and all other officers before the governor. As
soon as a legislature shall be formed in the district, the
council and house assembled, in one room, shall have
authority, by joint ballot, to elect a delegate to Congress,
who shall have a seat in Congress, with a right of debating,
but not of voting, during this temporary government.
1702.13 Sec. 13. And for extending the fundamental principles of
civil and religious liberty, which form the basis whereon
these republics, their laws and constitutions, are erected;
to fix and establish those principles as the basis of all
laws, constitutions, and governments, which forever
hereafter shall be formed in the said territory; to provide,
also, for the establishment of States, and permanent
government therein, and for their admission to a share in
the Federal councils on an equal footing with the original
States, at as early periods as may be consistent with the
general interest:
1702.14 Sec. 14. It is hereby ordained and declared, by the
authority aforesaid, That the following articles shall be
considered as articles of compact, between the original
States and the people and States in the said territory, and
forever remain unalterable, unless by common consent, to
wit:
1702.15 Article I
No person, demeaning himself in a peaceable and orderly
manner, shall ever be molested on account of his mode of
worship, or religious sentiments, in the said territories.
1702.16 Article II
The inhabitants of the said territory shall always be
entitled to the benefits of the writs of habeas corpus, and
of the trial by jury; of a proportionate representation of
the people in the legislature, and of judicial proceedings
according to the course of the common law. All persons shall
be bailable, unless for capital offences, where the proof
shall be evident, or the presumption great. All fines shall
be moderate; and no cruel or unusual punishments shall be
inflicted. No man shall be deprived of his liberty or
property, but by the judgment of his peers, or the law of
the land, and should the public exigencies make it
necessary, for the common preservation, to take any person's
property, or to demand his particular services, full
compensation shall be made for the same. And, in the just
preservation of rights and property, it is understood and
declared, that no law ought ever to be made or have force in
the said territory, that shall, in any manner whatever,
interfere with or affect private contracts, or engagements,
bona fide, and without fraud previously formed.
1702.17 Article III
Religion, morality, and knowledge being necessary to
good government, and the happiness of mankind, schools and
the means of education shall forever be encouraged. The
utmost good faith shall always be observed towards the
Indians; their lands and property shall never be taken from
them without their consent; and in their property, rights,
and liberty they never shall be invaded or disturbed, unless
in just and lawful wars authorized by Congress; but laws
founded in justice and humanity shall, from time to time, be
made, for preventing wrongs being done to them, and for
preserving peace and friendship with them.
1702.18 Article IV
The said territory, and the States which may be formed
therein, shall forever remain a part of this confederacy of
the United States of America, subject to the Articles of
Confederation, and to such alterations therein as shall be
constitutionally made; and to all the acts and ordinances of
the United States in Congress assembled, conformable
thereto. The inhabitants and settlers in the said territory
shall be subject to pay a part of the Federal debts,
contracted, or to be contracted, and a proportional part of
the expenses of government to be apportioned on them by
Congress, according to the same common rule and measure by
which apportionments thereof shall be made on the other
States; and the taxes for paying their proportion shall be
laid and levied by the authority and direction of the
legislatures of the district or districts, or new States, as
in the original States, within the time agreed upon by the
United States in Congress assembled. The legislatures of
those districts, or new States, shall never interfere with
the primary disposal of the soil by the United States in
Congress assembled, nor with any regulations Congress may
find necessary for securing the title in such soil to the
bona-fide purchasers. No tax shall be imposed on lands the
property of the United States; and in no case shall non-
resident proprietors be taxed higher than residents. The
navigable waters leading into the Mississippi and Saint
Lawrence, and the carrying places between the same, shall be
common highways, and forever free, as well to the
inhabitants of the said territory as to the citizens of the
United States, and those of any other States that may be
admitted into the confederacy, without any tax, impost, or
duty therefor.
[Sands v. Manistee River Imp. Co., 123 U.S. 288.]
1702.19 Article V
There shall be formed in the said territory not less
than three nor more than five States; and the boundaries of
the States, as soon as Virginia shall alter her act of
cession and consent to the same, shall become fixed and
established as follows, to wit: The western State, in the
said territory, shall be bounded by the Mississippi, the
Ohio, and the Wabash Rivers; a direct line drawn from the
Wabash and Post Vincents, due north, to the territorial line
between the United States and Canada; and by the said
territorial line to the Lake of the Woods and Mississippi.
The middle State shall be bounded by the said direct line,
the Wabash from Post Vincents to the Ohio, by the Ohio, by a
direct line drawn due north from the mouth of the Great
Miami to the said territorial line, and by the said
territorial line. The eastern State shall be bounded by the
last-mentioned direct line, the Ohio, Pennsylvania, and the
said territorial line: Provided, however, And it is further
understood and declared, that the boundaries of these three
States shall be subject so far to be altered that, if
Congress shall hereafter find it expedient, they shall have
authority to form one or two States in that part of the said
territory which lies north of an east and west line drawn
through the southerly bend or extreme of Lake Michigan. And
whenever any of the said States shall have sixty thousand
free inhabitants therein, such State shall be admitted, by
its delegates, into the Congress of the United States, on an
equal footing with the original States, in all respects
whatever; and shall be at liberty to form a permanent
constitution and State government: Provided, The
constitution and government, so to be formed, shall be
republican, and in conformity to the principles contained in
these articles, and, so far as it can be consistent with the
general interests of the Confederacy, such admission shall
be allowed at an earlier period, and when there may be a
less number of free inhabitants in the State than sixty
thousand.
1702.20 Article VI
There shall be neither slavery nor involuntary servitude
in the said territory, otherwise than in the punishment of
crimes, whereof the party shall have been duly convicted:
Provided always, That any person escaping in the same, from
whom labor or service is lawfully claimed in any one of the
original States, such fugitive may be lawfully reclaimed,
and conveyed to the person claiming his or her labor service
as aforesaid.
1702.21 Be it ordained by the authority aforesaid, That the
resolutions of the 23d of April, 1784, relative to the
subject of this ordinance, be, and the same are hereby,
repealed, and declared null and void.
Done by the United States, in Congress assembled, the
13th day of July, in the year of our Lord 1787, and of their
sovereignty and independence the 12th.
Charles Thomson,
Sec'y.
constitution of the united states
[1710]
____________________________________________________________
CONSTITUTION OF THE UNITED STATES OF AMERICA
____________________________________________________________
HISTORICAL BACKGROUND
In May 1785, a committee of Congress made a report
recommending an alteration in the Articles of Confederation,
but no action was taken on it, and it was left to the State
Legislatures to proceed in the matter. In January 1786, the
Legislature of Virginia passed a resolution providing for
the appointment of five commissioners, who, or any three of
them, should meet such commissioners as might be appointed
in the other States of the Union, at a time and place to be
agreed upon, to take into consideration the trade of the
United States; to consider how far a uniform system in their
commercial regulations may be necessary to their common
interest and their permanent harmony; and to report to the
several States such an act, relative to this great object,
as, when ratified by them, will enable the United States in
Congress effectually to provide for the same. The Virginia
commissioners, after some correspondence, fixed the first
Monday in September as the time, and the city of Annapolis
as the place for the meeting, but only four other States
were represented, viz: Delaware, New York, New Jersey, and
Pennsylvania; the commissioners appointed by Massachusetts,
New Hampshire, North Carolina, and Rhode Island failed to
attend. Under the circumstances of so partial a
representation, the commissioners present agreed upon a
report (drawn by Mr. Hamilton, of New York), expressing
their unanimous conviction that it might essentially tend to
advance the interests of the Union if the States by which
they were respectively delegated would concur, and use their
endeavors to procure the concurrence of the other States, in
the appointment of commissioners to meet at Philadelphia on
the second Monday of May following, to take into
consideration the situation of the United States; to devise
such further provisions as should appear to them necessary
to render the Constitution of the Federal Government
adequate to the exigencies of the Union; and to report such
an act for that purpose to the United States in Congress
assembled as, when agreed to by them and afterwards
confirmed by the Legislatures of every State, would
effectually provide for the same.
Congress, on the 21st of February, 1787, adopted a
resolution in favor of a convention, and the Legislatures of
those States which had not already done so (with the
exception of Rhode Island) promptly appointed delegates. On
the 25th of May, seven States having convened, George
Washington, of Virginia, was unanimously elected President,
and the consideration of the proposed constitution was
commenced. On the 17th of September, 1787, the Constitution
as engrossed and agreed upon was signed by all the members
present, except Mr. Gerry, of Massachusetts, and Messrs.
Mason and Randolph, of Virginia. The president of the
convention transmitted it to Congress, with a resolution
stating how the proposed Federal Government should be put in
operation, and an explanatory letter. Congress, on the 28th
of September, 1787, directed the Constitution so framed,
with the resolutions and letter concerning the same, to ``be
transmitted to the several Legislatures in order to be
submitted to a convention of delegates chosen in each State
by the people thereof, in conformity to the resolves of the
convention.''
On the 4th of March, 1789, the day which had been fixed
for commencing the operations of Government under the new
Constitution, it had been ratified by the conventions chosen
in each State to consider it, as follows: Delaware, December
7, 1787; Pennsylvania, December 12, 1787; New Jersey,
December 19, 1787; Georgia, January 2, 1788; Connecticut,
January 9, 1788; Massachusetts, February 6, 1788; Maryland,
April 28, 1788; South Carolina, May 23, 1788; New Hampshire,
June 21, 1788; Virginia, June 25, 1788; and New York, July
26, 1788.
The President informed Congress, on the 28th of January,
1790, that North Carolina had ratified the Constitution
November 21, 1789; and he informed Congress on the 1st of
June, 1790, that Rhode Island had ratified the Constitution
May 29, 1790. Vermont, in convention, ratified the
Constitution January 10, 1791, and was, by an act of
Congress approved February 18, 1791, ``received and admitted
into this Union as a new and entire member of the United
States.''
constitution of the united states
____________________________________________________________
CONSTITUTION OF THE UNITED STATES OF AMERICA
____________________________________________________________
1710.1 We the People of the United States, in Order to form a more
perfect Union, establish Justice, insure domestic
Tranquility, provide for the common defence, promote the
general Welfare, and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain and establish
this Constitution for the United States of America.
1711 ARTICLE I
1711.1 Section 1. All legislative Powers herein granted shall
be vested in a Congress of the United States, which shall
consist of a Senate and House of Representatives.
1711.2 Section 2.\1\ The House of Representatives shall be
composed of Members chosen every second Year by the People
of the several States, and the Electors in each State shall
have the Qualifications requisite for Electors of the most
numerous Branch of the State Legislature.
1711.3 \2\No Person shall be a Representative who shall not
have attained to the Age of twenty five Years, and been
seven Years a Citizen of the United States, and who shall
not, when elected, be an Inhabitant of that State in which
he shall be chosen.
Note.--The small superior figures designate clauses, and
have no reference to footnotes.
1711.4 \3\*[Representatives and direct Taxes shall be
apportioned among the several States which may be included
within this Union, according to their respective Numbers,
which shall be determined by adding to the whole Number of
free Persons, including those bound to Service for a Term of
Years, and excluding Indians not taxed, three fifths of all
other Persons.] The actual Enumeration shall be made within
three Years after the first Meeting of the Congress of the
United States, and within every subsequent Term of ten
Years, in such Manner as they shall by Law direct. The
Number of Representatives shall not exceed one for every
thirty Thousand, but each State shall have at Least one
Representative; and until such enumeration shall be made,
the State of New Hampshire shall be entitled to chuse three,
Massachusetts eight, Rhode-Island and Providence Plantations
one, Connecticut five, New-York six, New Jersey four,
Pennsylvania eight, Delaware one, Maryland six, Virginia
ten, North Carolina five, South Carolina five, and Georgia
three.
*The part included in heavy brackets was repealed by
section 2 of amendment XIV, Senate Manual section 1734.2.
As per act of November 15, 1941, the
apportionment, based on the
Sixteenth Census (1940), the
Seventeenth Census (1950), and the
Eighteenth Census (1960),
distributes the 435 seats in the
House among the States according to
the method of equal proportions.
(See Senate Manual section 1994.)
1711.5 \4\When vacancies happen in the Representation from any
State, the Executive Authority thereof shall issue Writs of
Election to fill such Vacancies.
1711.6 \5\The House of Representatives shall chuse their
Speaker and other Officers; and shall have the sole Power of
Impeachment.
1711.7 \1\Section 3. *The Senate of the United States shall be
composed of two Senators from each State, [chosen by the
Legislature] thereof, for six Years; and each Senator shall
have one Vote.
*The part included in heavy brackets was changed by
clause 1 of amendment XVII, Senate Manual section 1737.1.
1711.8 \2\Immediately after they shall be assembled in
Consequence of the first Election, they shall be divided as
equally as may be into three Classes. The Seats of the
Senators of the first Class shall be vacated at the
Expiration of the Second Year, of the second Class at the
Expiration of the fourth Year, and of the third Class at the
Expiration of the sixth Year; so that one-third may be
chosen every second Year; [and if Vacancies happen by
Resignation, or otherwise, during the Recess of the
Legislature of any State, the Executive thereof may make
temporary Appointments until the next Meeting of the
Legislature, which shall then fill such Vacancies].**
**The part included in heavy brackets was changed by
clause 2 of amendment XVII, Senate Manual section 1737.2.
1711.9 \3\No Person shall be a Senator who shall not have
attained to the Age of thirty Years, and been nine Years a
Citizen of the United States, and who shall not, when
elected, be an Inhabitant of that State for which he shall
be chosen.
1711.10 \4\The Vice President of the United States shall be
President of the Senate, but shall have no Vote, unless they
be equally divided.
1711.11 \5\The Senate shall choose their other Officers, and
also a President pro tempore, in the absence of the Vice
President, or when he shall exercise the Office of President
of the United States.
1711.12 \6\The Senate shall have the sole Power to try all
Impeachments. When sitting for that Purpose, they shall be
on Oath or Affirmation. When the President of the United
States is tried, the Chief Justice shall preside: And no
Person shall be convicted without the Concurrence of two-
thirds of the Members present.
1711.13 \7\Judgment in Cases of Impeachment shall not extend
further than to removal from Office, and disqualification to
hold and enjoy any Office of honor, Trust, or Profit under
the United States: but the Party convicted shall
nevertheless be liable and subject to Indictment, Trial,
Judgment, and Punishment, according to Law.
1711.14 Section 4. \1\The Time, Places and Manner of holding
Elections for Senators and Representatives, shall be
prescribed in each State by the Legislature thereof; but the
Congress may at any time by Law make or alter such
Regulations, except as to the Places of choosing Senators.
1711.15 \2\The Congress shall assemble at least once in every
Year, and such Meeting shall [be on the first Monday in
December,] unless they shall by Law appoint a different
Day.*
*The part included in heavy brackets was changed by
Section 2 of amendment XX, Senate Manual section 1740.2.
1711.16 Section 5. \1\Each House shall be the Judge of the
Elections, Returns, and Qualifications of its own Members,
and a Majority of each shall constitute a Quorum to do
Business; but a smaller Number may adjourn from day to day,
and may be authorized to compel the Attendance of absent
Members, in such Manner, and under such Penalties as each
House may provide.
1711.17 \2\Each House may determine the Rules of its
Proceedings, punish its Members for disorderly Behavior,
and, with the Concurrence of two thirds, expel a Member.
1711.18 \3\Each House shall keep a Journal of its Proceedings,
and from time to time publish the same, excepting such Parts
as may in their Judgment require Secrecy; and the Yeas and
Nays of the Members of either House on any question shall,
at the Desire of one fifth of those Present be entered on
the Journal.
1711.19 \4\Neither House, during the Session of Congress, shall,
without the Consent of the other, adjourn for more than
three days, nor to any other Place than that in which the
two Houses shall be sitting.
1711.20 Section 6. \1\The Senators and Representatives shall
receive a Compensation for their Services, to be ascertained
by Law, and paid out of the Treasury of the United States.
They shall in all Cases, except Treason, Felony and Breach
of the Peace, be privileged from Arrest during their
Attendance at the Session of their respective Houses, and in
going to and returning from the same; and for any Speech or
Debate in either House, they shall not be questioned in any
other Place.
1711.21 \2\No Senator or Representative shall, during the Time
for which he was elected, be appointed to any civil Office
under the Authority of the United States, which shall have
been created, or the Emoluments whereof shall have been
encreased during such time; and no Person holding any Office
under the United States, shall be a Member of either House
during his Continuance in Office.
1711.22 Section 7. \1\All Bills for raising Revenue shall
originate in the House of Representatives; but the Senate
may propose or concur with Amendments as on other Bills.
1711.23 \2\Every Bill which shall have passed the House of
Representatives and the Senate, shall, before it become a
Law, be presented to the President of the United States; if
he approve he shall sign it, but if not he shall return it,
with his Objections to that House in which it shall have
originated, who shall enter the Objections at large on their
Journal, and proceed to reconsider it. If after such
Reconsideration two thirds of that House shall agree to pass
the Bill, it shall be sent, together with the Objections, to
the other House, by which it shall likewise be reconsidered,
and if approved by two thirds of that House, it shall become
a Law. But in all such Cases the Votes of both Houses shall
be determined by yeas and Nays, and the Names of the Persons
voting for and against the Bill shall be entered on the
Journal of each House respectively. If any Bill shall not be
returned by the President within ten Days (Sundays excepted)
after it shall have been presented to him, the Same shall be
a Law, in like Manner as if he had signed it, unless the
Congress by their Adjournment prevent its Return, in which
Case it shall not be a Law.
1711.24 \3\Every Order, Resolution, or Vote to which the
Concurrence of the Senate and House of Representatives may
be necessary (except on a question of Adjournment) shall be
presented to the President of the United States; and before
the Same shall take Effect, shall be approved by him, or
being disapproved by him, shall be repassed by two thirds of
the Senate and House of Representatives, according to the
Rules and Limitations prescribed in the Case of a Bill.
1711.25 Section 8. \1\The Congress shall have Power To lay and
collect Taxes, Duties, Imposts and Excises, to pay the Debts
and provide for the common Defense and general Welfare of
the United States; but all Duties, Imposts and Excises shall
be uniform throughout the United States;
1711.26 \2\To borrow money on the credit of the United States;
1711.27 \3\To regulate Commerce with foreign Nations, and among
the several States, and with the Indian Tribes;
1711.28 \4\To establish an uniform Rule of Naturalization, and
uniform Laws on the subject of Bankruptcies throughout the
United States;
1711.29 \5\To coin Money, regulate the Value thereof, and of
foreign Coin, and fix the Standard of Weights and Measures;
1711.30 \6\To provide for the Punishment of counterfeiting the
Securities and current Coin of the United States;
1711.31 \7\To establish Post Offices and post Roads;
1711.32 \8\To promote the Progress of Science and useful Arts,
by securing for limited Times to Authors and Inventors the
exclusive Right to their respective Writings and
Discoveries;
1711.33 \9\To constitute Tribunals inferior to the supreme
Court;
1711.34 \10\To define and punish Piracies and Felonies committed
on the high Seas, and Offenses against the Law of Nations;
1711.35 \11\To declare War, grant Letters of Marque and Reprisal
and make Rules concerning Captures on Land and Water;
1711.36 \12\To raise and support Armies, but no Appropriation of
Money to that Use shall be for a longer Term than two Years;
1711.37 \13\To provide and maintain a Navy;
1711.38 \14\To make Rules for the Government and Regulation of
the land and naval Forces;
1711.39 \15\To provide for calling forth the Militia to execute
the Laws of the Union, suppress Insurrections and repel
Invasions;
1711.40 \16\To provide for organizing, arming, and disciplining
the Militia, and for governing such Part of them as may be
employed in the Service of the United States, reserving to
the States respectively, the Appointment of the Officers,
and the Authority of training the Militia according to the
discipline prescribed by Congress;
1711.41 \17\To exercise exclusive Legislation in all Cases
whatsoever, over such District (not exceeding ten Miles
square) as may, by Cession of particular States, and the
acceptance of Congress, become the Seat of the Government of
the United States, and to exercise like Authority over all
Places purchased by the Consent of the Legislature of the
State in which the Same shall be, for the Erection of Forts,
Magazines, Arsenals, dock-Yards, and other needful
Buildings;--And
1711.42 \18\To make all Laws which shall be necessary and proper
for carrying into Execution the foregoing Powers, and all
other Powers vested by this Constitution in the Government
of the United States, or in any Department or Officer
thereof.
1711.43 Section 9. \1\The Migration or Importation of Such
Persons as any of the States now existing shall think proper
to admit, shall not be prohibited by the Congress prior to
the Year one thousand eight hundred and eight, but a tax or
duty may be imposed on such Importation, not exceeding ten
dollars for each Person.
1711.44 \2\The privilege of the Writ of Habeas Corpus shall not
be suspended, unless when in Cases of Rebellion or Invasion
the public Safety may require it.
1711.45 \3\No Bill of Attainder or ex post facto Law shall be
passed.
1711.46 *\4\No capitation, or other direct, Tax shall be laid,
unless in Proportion to the Census or Enumeration herein
before directed to be taken.
*See also amendment XVI, Senate Manual section 1736.
1711.47 \5\No Tax or Duty shall be laid on Articles exported
from any State.
1711.48 \6\No preference shall be given by any Regulation of
Commerce or Revenue to the Ports of one State over those of
another: nor shall Vessels bound to, or from, one State be
obliged to enter, clear, or pay Duties in another.
1711.49 \7\No money shall be drawn from the Treasury, but in
Consequence of Appropriations made by Law; and a regular
Statement and Account of the Receipts and Expenditures of
all public Money shall be published from time to time.
1711.50 \8\No Title of Nobility shall be granted by the United
States: And no Person holding any Office of Profit or Trust
under them, shall, without the Consent of the Congress,
accept of any present, Emolument, Office, or Title, of any
kind whatever, from any King, Prince, or foreign State.
1711.51 Section 10.\1\No State shall enter into any Treaty,
Alliance, or Confederation; grant Letters of Marque and
Reprisal; coin Money; emit Bills of Credit; make any Thing
but gold and silver Coin a Tender in Payment of Debts; pass
any Bill of Attainder, ex post facto Law, or Law impairing
the Obligation of Contracts, or grant any Title of Nobility.
1711.52 \2\No State shall, without the Consent of the Congress,
lay any Imposts or Duties on Imports or Exports, except what
may be absolutely necessary for executing its inspection
Laws: and the net Produce of all Duties and Imposts, laid by
any State on Imports or Exports, shall be for the Use of the
Treasury of the United States; and all such Laws shall be
subject to the Revision and Control of the Congress.
1711.53 \3\No State shall, without the Consent of Congress, lay
any duty of Tonnage, keep Troops, or Ships of War in time of
Peace, enter into any Agreement or Compact with another
State, or with a foreign Power, or engage in War, unless
actually invaded, or in such imminent Danger as will not
admit of delay.
1712
ARTICLE II
1712.1 Section 1. \1\The executive Power shall be vested in a
President of the United States of America. He shall hold his
Office during the Term of four years, and, together
with the Vice-President, chosen for the same Term, be
elected, as follows:
See also amendment XXII, Senate Manual section
1742.
1712.2 \2\Each State shall appoint, in such Manner as the
Legislature thereof may direct, a Number of Electors, equal
to the whole Number of Senators and Representatives to which
the State may be entitled in the Congress: but no Senator or
Representative, or Person holding an Office of Trust or
Profit under the United States, shall be appointed an
Elector.
1712.3 *[The Electors shall meet in their respective States,
and vote by Ballot for two persons, of whom one at least
shall not be an Inhabitant of the same State with
themselves. And they shall make a List of all the Persons
voted for, and of the Number of Votes for each; which List
they shall sign and certify, and transmit sealed to the Seat
of the Government of the United States, directed to the
President of the Senate. The President of the Senate shall,
in the Presence of the Senate and House of Representatives,
open all the Certificates, and the Votes shall then be
counted. The Person having the greatest Number of Votes
shall be the President, if such Number be a Majority of the
whole Number of Electors appointed; and if there be more
than one who have such Majority, and have an equal Number of
Votes, then the House of Representatives shall immediately
chuse by Ballot one of them for President; and if no Person
have a Majority, then from the five highest on the List the
said House shall in like Manner chuse the President. But in
chusing the President, the Votes shall be taken by States,
the Representation from each State having one Vote; A quorum
for this Purpose shall consist of a Member or Members from
two-thirds of the States, and a Majority of all the States
shall be necessary to a Choice. In every Case, after the
Choice of the President, the Person having the greatest
Number of Votes of the Electors shall be the Vice-President.
But if there should remain two or more who have equal Votes,
the Senate shall chuse from them by Ballot the Vice-
President.]
*This paragraph has been superseded by amendment XII,
Senate Manual section 1732.
1712.4 \3\The Congress may determine the Time of chusing the
Electors, and the Day on which they shall give their Votes;
which Day shall be the same throughout the United States.
1712.5 \4\No person except a natural born Citizen, or a Citizen
of the United States, at the time of the Adoption of this
Constitution, shall be eligible to the Office of President;
neither shall any Person be eligible to that Office who
shall not have attained to the Age of thirty-five Years, and
been fourteen Years a Resident within the United States.
1712.6 \5\In case of the Removal of the President from Office,
or of his Death, resignation, or Inability to discharge the
Powers and Duties of the said Office, the same shall
devolve on the Vice President, and the Congress may by Law
provide for the Case of Removal, Death, Resignation or
Inability, both of the President and Vice President,
declaring what Officer shall then act as President, and such
Officer shall act accordingly, until the Disability be
removed, or a President shall be elected.
See also amendment XXV, Senate Manual section
1745.
1712.7 \6\The President shall, at stated Times, receive for his
Services, a Compensation, which shall neither be encreased
nor diminished during the Period for which he shall have
been elected, and he shall not receive within that Period
any other Emolument from the United States, or any of them.
1712.8 \7\Before he enter on the Execution of his Office, he
shall take the following Oath or Affirmation:--``I do
solemly swear (or affirm) that I will faithfully execute the
Office of President of the United States, and will to the
best of my Ability, preserve, protect and defend the
Constitution of the United States.''
1712.9 Section 2. \1\The President shall be Commander in Chief
of the Army and Navy of the United States, and of the
Militia of the several States, when called into the actual
Service of the United States; he may require the Opinion, in
writing, of the principal Officer in each of the executive
Departments, upon any subject relating to the Duties of
their respective Offices, and he shall have Power to grant
Reprieves and Pardons for Offenses against the United
States, except in Cases of Impeachment.
1712.10 \2\He shall have Power, by and with the Advice and
Consent of the Senate, to make Treaties, provided two-thirds
of the Senators present concur; and he shall nominate, and
by and with the Advice and Consent of the Senate, shall
appoint Ambassadors, other public Ministers and Consuls,
Judges of the supreme Court, and all other Officers of the
United States, whose Appointments are not herein otherwise
provided for, and which shall be established by law; but the
Congress may by Law vest the Appointment of such inferior
Officers, as they think proper, in the President alone, in
the Courts of Law, or in the Heads of Departments.
1712.11 \3\The President shall have Power to fill up all
Vacancies that may happen during the Recess of the Senate,
by granting Commissions which shall expire at the End of
their next Session.
1712.12 Section 3. He shall from time to time give to the
Congress Information of the State of the Union, and
recommend to their Consideration such Measures as he shall
judge necessary and expedient; he may, on extraordinary
Occasions, convene both Houses, or either of them, and in
Case of Disagreement between them, with Respect to the Time
of Adjournment, he may adjourn them to such Time as he shall
think proper; he shall receive Ambassadors and other public
Ministers; he shall take Care that the Laws be faithfully
executed, and shall Commission all the Officers of the
United States.
1712.13 Section 4. The President, Vice President and all civil
Officers of the United States, shall be removed from Office
on Impeachment for, and Conviction of, Treason, Bribery, or
other high Crimes and Misdemeanors.
1713 ARTICLE III
1713.1 Section 1. The judicial Power of the United States,
shall be vested in one supreme Court, and in such inferior
Courts as the Congress may from time to time ordain and
establish. The Judges, both of the supreme and inferior
Courts, shall hold their offices during good Behaviour, and
shall, at stated Times, receive for their Services a
Compensation which shall not be diminished during their
Continuance in Office.
1713.2 Section 2. \1\The judicial Power shall extend to all
Cases, in Law and Equity, arising under this Constitution,
the Laws of the United States, and Treaties made, or which
shall be made, under their Authority;--to all Cases
affecting Ambassadors, other public Ministers and Consuls;--
to all Cases of admiralty and maritime Jurisdiction;--to
Controversies to which the United States shall be a Party;--
to Controversies between two or more States;--between a
State and Citizens of another State;--between Citizens of
different States;--between Citizens of the same State
claiming Lands under Grants of different States, and between
a State, or the Citizens thereof, and foreign States,
Citizens or Subjects.
1713.3 \2\In all Cases affecting Ambassadors, other public
Ministers and Consuls, and those in which a State shall be
Party, the supreme Court shall have original Jurisdiction.
In all the other Cases before mentioned, the supreme Court
shall have appellate Jurisdiction, both as to Law and Fact,
with such Exceptions, and under such Regulations as the
Congress shall make.
1713.4 \3\The trial of all Crimes, except in Cases of
Impeachment, shall be by Jury; and such Trial shall be held
in the State where the said Crimes shall have been
committed; but when not committed within any State, the
Trial shall be at such Place or Places as the Congress may
by Law have directed.
1713.5 Section 3. \1\Treason against the United States, shall
consist only in levying War against them, or in adhering to
their Enemies, giving them Aid and Comfort. No Person shall
be convicted of Treason unless on the Testimony of two
Witnesses to the same overt Act, or on Confession in open
Court.
1713.6 \2\The Congress shall have power to declare the
Punishment of Treason, but no Attainder of Treason shall
work Corruption of Blood, or Forfeiture except during the
Life of the Person attainted.
1714 ARTICLE IV
1714.1 Section 1. Full Faith and Credit shall be given in each
State to the public Acts, Records, and judicial Proceedings
of every other State. And the Congress may by general Laws
prescribe the Manner in which such Acts, Records and
Proceedings shall be proved, and the Effect thereof.
1714.2 Section 2. \1\The Citizens of each State shall be
entitled to all Privileges and Immunities of Citizens in the
several States.
1714.3 \2\A Person charged in any State with Treason, Felony,
or other Crime, who shall flee from Justice, and be found in
another State, shall on demand of the executive Authority of
the State from which he fled, be delivered up, to be removed
to the State having Jurisdiction of the Crime.
1714.4 \3\[No Person held to Service or Labour in one State,
under the Laws thereof, escaping into another, shall, in
Consequence of any Law or Regulation therein, be discharged
from such Service or Labour, but shall be delivered up on
Claim of the Party to whom such Service or Labour may be
due.]*
*This paragraph has been superseded by amendment XIII,
Senate Manual section 1733.
1714.5 Section 3. \1\New States may be admitted by the Congress
into this Union; but no new State shall be formed or erected
within the Jurisdiction of any other State; nor any State be
formed by the Junction of two or more States, or parts of
States, without the Consent of the Legislatures of the
States concerned as well as of the Congress.
1714.6 \2\The Congress shall have Power to dispose of and make
all needful Rules and Regulations respecting the Territory
of other Property belonging to the United States; and
nothing in this Constitution shall be so construed as to
Prejudice any Claims of the United States, or of any
particular State.
1714.7 Section 4. The United States shall guarantee to every
State in this Union a Republican Form of Government, and
shall protect each of them against Invasion; and on
Application of the Legislature, or of the Executive (when
the Legislature cannot be convened) against domestic
Violence.
ARTICLE V
1715 The Congress, whenever two-thirds of both Houses shall
deem it necessary, shall propose Amendments to this
Constitution, or, on the Application of the Legislatures of
two-thirds of the several States, shall call a Convention
for proposing Amendments, which, in either Case, shall be
valid to all Intents and Purposes, as part of this
Constitution, when ratified by the Legislatures of three-
fourths of the several States, or by Conventions in three-
fourths thereof, as the one or the other Mode of
Ratification may be proposed by the Congress; Provided that
no Amendment which may be made prior to the Year One
thousand eight hundred and eight shall in any Manner affect
the first and fourth Clauses in the Ninth Section of the
first Article, and that no State without its Consent, shall
be deprived of its equal Suffrage in the Senate.
1716 ARTICLE VI
1716.1 \1\All Debts contracted and Engagements entered into,
before the Adoption of this Constitution shall be as valid
against the United States under this Constitution, as under
the Confederation.
1716.2 \2\This Constitution, and the Laws of the United States
which shall be made in Pursuance thereof, and all Treaties
made, or which shall be made, under Authority of the United
States, shall be the supreme Law of the Land, and the Judges
in every State shall be bound thereby, any Thing in the
Constitution or Laws of any State to the Contrary
notwithstanding.
1716.3 \3\The Senators and Representatives before mentioned,
and the Members of the several State Legislatures, and all
executive and judicial Officers, both of the United States
and of the several States, shall be bound by Oath or
Affirmation, to support this constitution; but no religious
Test shall ever be required as a Qualification to any Office
or public Trust under the United States.
1717 ARTICLE VII
The Ratification of the Conventions of nine States shall
be sufficient for the Establishment of this Constitution
between the States so ratifying the Same.
1718 Done in Convention by the Unanimous Consent of the States
present the Seventeenth Day of September in the Year of
our Lord one thousand seven hundred and Eighty seven and
of the Independence of the United States of America the
Twelfth. In witness whereof We have here unto subscribed
our Names,
Go WASHINGTON--
Presidt. and deputy from Virginia.
New Hampshire
John Langdon,
Nicholas Gilman.
Massachusetts
Nathaniel Gorham,
Rufus King.
Connecticut
Wm. Saml. Johnson,
Roger Sherman.
New York
Alexander Hamiltion.
New Jersey
Wil: Livingston,
David Brearley,
Wm. Paterson,
Jona. Dayton.
Pennsylvania
B. Franklin,
Robt. Morris,
Tho: Fitzsimons,
James Wilson,
Thomas Mifflin,
Geo: Clymer,
Jared Ingersoll,
Gouv: Morris.
Delaware
Geo: Read,
John Dickinson,
Jaco: Broom,
Gunning Bedford, Jun'r,
Richard Bassett.
Maryland
James M'Henry,
Danl Carroll,
Dan: of St. Thos. Jenifer.
Virginia
John Blair,
James Madison, Jr.
North Carolina
Wm. Blount,
Hu. Williamson,
Rich'd Dobbs Spaight.
South Carolina
J. Rutledge,
Charles Pinckney,
Charles Cotesworth
Pinckney,
Pierce Butler.
Georgia
William Few,
Attest:
Abr. Baldwin.
William Jackson, Secretary.
1719 RATIFICATION OF THE CONSTITUTION
The Constitution was adopted by a convention of the
States September 17, 1787, and was subsequently ratified by
the several States, in the following order, viz:
Delaware, December 7, 1787, yeas, 30 (unanimous).
Pennsylvania, December 12, 1787, yeas, 46; nays, 23.
New Jersey, December 18, 1787, yeas, 38 (unanimous).
Georgia, January 2, 1788, yeas, 26 (unanimous).
Connecticut, January 9, 1788, yeas, 128; nays, 40.
Massachusetts, February 6, 1788, yeas, 187; nays, 168.
Maryland, April 28, 1788, yeas, 63; nays, 11.
South Carolina, May 23, 1788, yeas, 149; nays, 73.
New Hampshire, June 21, 1788, yeas, 57; nays, 46.
Virginia, June 25, 1788, yeas, 89; nays, 79.
New York, July 26, 1788, yeas, 30; nays, 27.
North Carolina, November 21, 1789, yeas, 184; nays, 77.
Rhode Island, May 29, 1790, yeas, 34; nays, 32.
____________________________________________________________
constitution of the united states
[1720]
____________________________________________________________
articles in addition to, and amendment of, the constitution
of the united states of america, proposed by congress,
and ratified by the legislatures of the several states,
pursuant to the fifth article of the original
constitution\1\
\1\In Dillon v. Gloss, 256 U.S. 368[1921], the Supreme
Court stated that it would take judicial notice of the date
on which a State ratified a proposed constitutional
amendment. Accordingly the Court consulted the State
journals to determine the dates on which each house of the
legislature of certain States ratified the Eighteenth
amendment. It, therefore, follows that the date on which the
governor approved the ratification, or the date on which the
secretary of state of a given State certified the
ratification, or the date on which the Secretary of State of
the United States received a copy of said certificate, or
the date on which he proclaimed that the amendment had been
ratified are not controlling. Hence, the ratification date
given on the following pages is the date on which the
legislature of a given State approved the particular
amendment (signature by the speaker or presiding officers of
both houses being considered a part of the ratification of
the ``legislature''). When that date is not available, the
date given is that on which it was approved by the governor
or certified by the secretary of state of the particular
State. In each case such fact has been noted. Information as
to ratification is based on data supplied by the Department
of State and the General Services Administration.
____________________________________________________________
1721 AMENDMENT [I]\2\
Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the
right of the people peaceably to assemble, and to petition
the Government for a redress of grievances.
\2\Brackets enclosing an amendment number indicate that
the number was not specifically assigned in the resolution
proposing the amendment. It will be seen, accordingly, that
only amendments XIII, XIV, XV, and XVI were thus technically
ratified by number.
1722 AMENDMENT [II]
A well regulated Militia, being necessary to the
security of a free State, the right of the people to keep
and bear Arms, shall not be infringed.
1723 AMENDMENT [III]
No Soldier shall, in time of peace be quartered in any
house, without the consent of the Owner, nor in time of war,
but in a manner to be prescribed by law.
1724 AMENDMENT [IV]
The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches
and seizures, shall not be violated, and no Warrants shall
issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.
1725 AMENDMENT [V]
No person shall be held to answer for a capital, or
other wise infamous crime, unless on a presentment or
indictment of a Grand Jury, except in cases arising in the
land or naval forces, or in the Militia, when in actual
service in time of War or public danger; nor shall any
person be subject for the same offenses to be twice put in
jeopardy of life or limb; nor shall be compelled in any
criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process
of law; nor shall private property be taken for public use,
without just compensation.
1726 AMENDMENT [VI]
In all criminal prosecutions, the accused shall enjoy
the right to a speedy and public trial, by an impartial jury
of the State and district wherein the crime shall have been
committed, which district shall have been previously
ascertained by law, and to be informed of the nature and
cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining
witnesses in his favor, and to have the Assistance of
Counsel for his defence.
1727 AMENDMENT [VII]
In suits at common law, where the value in controversy
shall exceed twenty dollars, the right of trial by jury
shall be preserved, and no fact tried by a jury, shall be
otherwise reexamined in any Court of the United States, than
according to the rules of the common law.
1728 AMENDMENT [VIII]
Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishments inflicted.
1729 AMENDMENT [IX]
The enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others retained
by the people.
1730 AMENDMENT [X]
The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the people.
The first 10 amendments\3\ to the Constitution (i.e.
nos. 3 to 12 of those proposed) were ratified by the several
State legislatures on the following dates: New Jersey,
November 20, 1789; Maryland, December 19, 1789; North
Carolina, December 22, 1789; South Carolina, January 19,
1790; New Hampshire, January 25, 1790; Delaware, January 28,
1790; New York, February 27, 1790; Pennsylvania, March 10,
1790; Rhode Island, June 7, 1790; Vermont, November 3, 1791;
Virginia, December 15, 1791; Massachusetts, March 2, 1939;
Georgia, March 18, 1939; Connecticut, April 19, 1939.
\3\The first 10 amendments, along with 2 others, were
proposed by Congress on September 25, 1789, when they passed
the Senate [1 Ann. Cong. (1st Cong., 1st sess.) 90], having
previously passed the House on September 24 [Id., 948]. They
appear officially in 1 Stat. 97. Ratification was completed
on December 15, 1791, when the eleventh State (Virginia)
approved these amendments, there being then 14 States in the
Union. On March 1, 1792, Thomas Jefferson, Secretary of
State, addressed letters to the Governors of the several
States, advising them of the said ratifications (National
Archives, Department of State, American Letters, IV, 355).
Proposal no. 1 prescribed the ratio of representation to
population in the House and was ratified by 10 states (1
short of the requisite number). Proposal no. 2 later
achieved ratification and became Amendment XXVII, Senate
Manual section 1747.
*By Council of Revision. State legislature approved Feb.
24, 1790.
1731 AMENDMENT [XI]
The Judicial power of the United States shall not be
construed to extend to any suit in law or equity, commenced
or prosecuted against one of the United States by Citizens
of another State, or by Citizens or Subjects of any Foreign
State.
The eleventh amendment\4\ was ratified by the several
State legislatures on the following dates: New York, March
27, 1794; Rhode Island, March 31, 1794; Connecticut, May 8,
1794; New Hampshire, June 16, 1794; Massachusetts, June 26,
1794; Vermont, between October 9 and November 9, 1794;
Virginia, November 18, 1794; Georgia, November 29, 1794;
Kentucky, December 7, 1794; Maryland, December 26, 1794;
Delaware, January 23, 1795; North Carolina, February 7,
1795; South Carolina, December 4, 1797 [State Department,
Press Releases, vol. XII, p. 247 (1935)].
\4\The eleventh amendment was proposed by Congress on
March 4, 1794, when it passed the House [4 Ann. Cong. (3d
Cong., 1st sess.) 477, 478], having previously passed the
Senate on January 14 [Id., 30, 31]. It appears officially in
1 Stat. 402. Ratification was completed on February 7, 1795,
when the twelfth State (North Carolina) approved the
amendment, there being then 15 States in the Union. Official
announcement of ratification was not made until January 8,
1798, when President John Adams in a message to Congress
stated that the eleventh amendment had been adopted by
three-fourths of the States and that it ``may now be deemed
to be part of the Constitution'' [1 Mess. and Papers of
Pres. 250]. In the interim South Carolina had ratified, and
Tennessee had been admitted into the Union as the sixteenth
State.
1732 AMENDMENT [XII]
The electors shall meet in their respective states, and
vote by ballot for President and Vice-President, one of
whom, at least, shall not be an inhabitant of the same state
with themselves; they shall name in their ballots the person
voted for, as President, and in distinct ballots the person
voted for as Vice-President, and they shall make distinct
lists of all persons voted for as President, and of all
persons voted for as Vice-President, and of the number of
votes for each, which lists they shall sign and certify, and
transmit sealed to the seat of the government of the United
States, directed to the President of the Senate;--The
President of the Senate shall, in the presence of the Senate
and House of Representatives, open all the certificates and
the votes shall then be counted;--The person having the
greatest number of votes for President, shall be the
President, if such number be a majority of the whole number
of Electors appointed; and if no person have such majority,
then from the persons having the highest numbers not
exceeding three on the list of those voted for as President,
the House of Representatives shall choose immediately, by
ballot, the President. But in choosing the President, the
votes shall be taken by states the representation from each
state having one vote; a quorum for this purpose shall
consist of a member or members from two-thirds of the
states, and a majority of all the states shall be necessary
to a choice.\5\ [And if the House of Representatives shall
not choose a President whenever the right of choice shall
devolve upon them, before the fourth day of March next
following, then the Vice-President shall act as President,
as in the case of the death or other constitutional
disability of the President.]--The person having the
greatest number of votes as Vice-President, shall be the
Vice-President, if such number be a majority of the whole
number of Electors appointed, and if no person have a
majority, then from the two highest numbers on the list, the
Senate shall choose the Vice-President; a quorum for the
purpose shall consist of two-thirds of the whole number of
Senators, and a majority of the whole number shall be
necessary to a choice. But no person constitutionally
ineligible to the office of President shall be eligible to
that of Vice-President of the United States.
\5\The part included in heavy brackets has been
superseded by section 3 of amendment XX, Senate Manual
section 1740.3.
The twelfth amendment\6\ was ratified by the several
State legislatures on the following dates: North Carolina,
December 22, 1803; Maryland, December 24, 1803; Kentucky,
December 27, 1803; Ohio, between December 5 and December 30,
1803; Pennsylvania, January 5, 1804; Vermont, January 30,
1804; Virginia, between December 20, 1803 and February 3,
1804; New York, February 10, 1804; New Jersey, February 22,
1804; Rhode Island, between February 27 and March 12, 1804;
South Carolina, May 15, 1804; Georgia, May 19, 1804; New
Hampshire, June 15, 1804; Tennessee, July 27, 1804. The
amendment was rejected by Delaware on January 18, 1804; and
by Connecticut at its session begun May 10, 1804;
Massachusetts ratified this amendment in 1961 (after having
rejected it on February 3, 1804).
\6\The twelfth amendment was proposed by Congress on
December 9, 1803, when it passed the House [13 Ann. Cong.
(8th Cong., 1st sess.) 775, 776], having previously passed
the Senate on December 2 [Id., 209]. It was not signed by
the presiding officers of the House and Senate until
December 12. It appears officially in 2 Stat. 306.
Ratification was probably completed on June 15, 1804, when
the legislature of the thirteenth State (New Hampshire)
approved the amendment, there being then 17 States in the
Union. The Governor of New Hampshire, however, vetoed this
act of the legislature on June 20, and the act failed to
pass again by two-thirds vote then required by the State
constitution. Inasmuch as article V of the Federal
Constitution specifies that amendments shall become
effective ``when ratified by the legislatures of three-
fourths of the several States or by conventions in three-
fourths thereof,'' it has been generally believed that an
approval or veto by a Governor is without significance. If
the ratification by New Hampshire be deemed ineffective,
then the amendment became operative by Tennessee's
ratification on July 27, 1804. On September 25, 1804, in a
circular letter to the Governors of the several States,
Secretary of State Madison declared the amendment ratified
by three-fourths of the States.
1733 AMENDMENT XIII
1733.1 Section 1. Neither slavery nor involuntary servitude,
except as a punishment for crime whereof the party shall
have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction.
1733.2 Section 2. Congress shall have power to enforce this
article by appropriate legislation.
The thirteenth amendment\7\ was ratified by the several
State legislatures on the following dates: Illinois,
February 1, 1865; Rhode Island, February 2, 1865; Michigan,
February 2, 1865; Maryland, February 3, 1865; New York,
February 3, 1865; West Virginia, February 3, 1865; Missouri,
February 6, 1865; Maine, February 7, 1865; Kansas, February
7, 1865; Massachusetts, February 7, 1865; Pennsylvania,
February 8, 1865; Virginia, February 9, 1865; Ohio, February
10, 1865; Louisiana, February 15 or 16, 1865; Indiana,
February 16, 1865; Nevada, February 16, 1865; Minnesota,
February 23, 1865; Wisconsin, February 24, 1865; Vermont,
March 9, 1865 (date on which it was ``approved'' by
Governor); Tennessee, April 7, 1865; Arkansas, April 14,
1865; Connecticut, May 4, 1865; New Hampshire, June 30,
1865; South Carolina, November 13, 1865; Alabama, December
2, 1865 (date on which it was ``approved'' by Provisional
Governor); North Carolina, December 4, 1865; Georgia,
December 6, 1865; Oregon, December 11, 1865; California,
December 15, 1865; Florida, December 28, 1865 (Florida again
ratified this amendment on June 9, 1868, upon its adoption
of a new constitution); Iowa, January 17, 1866; New Jersey,
January 23, 1866 (after having rejected the amendment on
March 16, 1865); Texas, February 17, 1870; Delaware,
February 12, 1901 (after having rejected the amendment on
February 8, 1865); Kentucky, March 18, 1976 (after having
rejected the amendment on February 24, 1865). The amendment
was rejected by Mississippi on December 2, 1865.
\7\The thirteenth amendment was proposed by Congress on
January 31, 1865, when it passed the House [Cong. Globe
(38th Cong., 2d sess.) 531], having previously passed the
Senate on April 8, 1864 [Id. (38th cong., 1st sess.) 1490].
It appears officially in 13 Stat. 567 under date of February
1, 1865. Ratification was completed on December 6, 1865,
when the legislature of the twenty-seventh State (Georgia)
approved the amendment, there being then 36 States in the
Union. On December 18, 1865, Secretary of State Seward
certified that the thirteenth amendment had become a part of
the Constitution [13 Stat. 774].
A ``thirteenth amendment'' depriving of United States
citizenship any citizen who should accept any title, office,
or emolument from a foreign power, was proposed by Congress
on May 1, 1810, when it passed the House [21 Ann. Cong.
(11th Cong., 2d sess.) 2050], having previously passed the
Senate on April 27 [20 Ann. Cong. (11th Cong., 2d sess.)
672]. It appears officially in 2 Stat. 613. It failed of
adoption, being ratified by but 12 States up to December 10,
1812 [2 Miscell. Amer. State Papers, 477-479; 2 Doc. Hist.
Const. 454-499], there then being 18 in all.
Another ``thirteenth amendment'', forbidding any future
amendment that should empower Congress to interfere with the
domestic institution of any State, was proposed by Congress
on March 2, 1861, when it passed the Senate [Cong. Globe
(36th Cong., 2d sess.) 1403], having previously passed the
House on February 28 [Id., 1285]. It appears officially in
12 Stat. 2512. It failed of adoption, being ratified by but
three States: Ohio, May 13, 1861 [58 Laws Ohio 190];
Maryland, January 10, 1862 [Laws Maryland (1861-62) 21];
Illinois, February 14, 1862 [2 Doc. Hist. Const., 518]
irregular, because by convention instead of by legislature
as authorized by Congress.
1734 AMENDMENT XIV
1734.1 Section 1. All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are
citizens of the United States and of the State wherein they
reside. No State shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the
United States; nor shall any State deprive any person of
life, liberty, or property without due process of law, nor
deny to any person within its jurisdiction the equal
protection of the laws.
1734.2 Section 2. Representatives shall be apportioned among
the several States according to their respective numbers,
counting the whole number of persons in each State,
excluding Indians not taxed. But when the right to vote at
any election for the choice of electors for President and
Vice-President of the United States, Representatives in
Congress, the Executive and Judicial officers of a State, or
the members of the Legislature thereof, is denied to any of
the male inhabitants of such State, being twenty-one years
of age, and citizens of the United States, or in any way
abridged, except for participation in rebellion, or other
crime, the basis of representation therein shall be reduced
in the proportion which the number of such male citizens
shall bear to the whole number of male citizens twenty-one
years of age in such State.
1734.3 Section 3. No person shall be a Senator or
Representative in Congress, or elector of President and
Vice-President, or hold any office, civil or military, under
the United States, or under any State, who, having
previously taken an oath, as a member of Congress, or as an
officer of the United States, or as a member of any State
legislature, or as an executive or judicial officer of any
State, to support the Constitution of the United States,
shall have engaged in insurrection or rebellion against the
same, or given aid or comfort to the enemies thereof. But
Congress may by a vote of two-thirds of each House, remove
such disability.
1734.4 Section 4. The validity of the public debt of the United
States, authorized by law, including debts incurred for
payment of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned. But
neither the United States nor any State shall assume or pay
any debt or obligation incurred in aid of insurrection or
rebellion against the United States, or any claim for the
loss or emancipation of any slave; but all such debts,
obligations and claims shall be held illegal and void.
1734.5 Section 5. The Congress shall have power to enforce, by
appropriate legislation, the provisions of this article.
The fourteenth amendment\8\ was ratified by the several
State legislatures on the following dates: Connecticut, June
30, 1866; New Hampshire, July 7, 1866; Tennessee, July 19,
1866; New Jersey, September 11, 1866 (the New Jersey
Legislature on February 20, 1868, ``withdrew'' its consent
to the ratification; the Governor vetoed that bill on March
5, 1868, and it was repassed over his veto on March 24,
1868; and on Nov. 12, 1980, the Legislature expressed
support for the amendment); Oregon, September 19, 1866
(Oregon ``withdrew'' its consent on October 15, 1868);
Vermont, October 30, 1866; New York, January 10, 1867; Ohio,
January 11, 1867 (Ohio ``withdrew'' its consent on January
15, 1868); Illinois, January 15, 1867; West Virginia,
January 16, 1867; Michigan, January 16, 1867; Kansas,
January 17, 1867; Minnesota, January 17, 1867; Maine,
January 19, 1867; Nevada, January 22, 1867; Indiana, January
23, 1867; Missouri, January 26, 1867 (date on which it was
certified by the Missouri secretary of state); Rhode Island,
February 7, 1867; Pennsylvania, February 12, 1867;
Wisconsin, February 13, 1867 (actually passed February 7,
but not signed by legislative officers until February 13);
Massachusetts, March 20, 1867; Nebraska, June 15, 1867;
Iowa, March 9, 1868; Arkansas, April 6, 1868; Florida, June
9, 1868; North Carolina, July 2, 1868 (after having rejected
the amendment on December 13, 1866); Louisiana, July 9, 1868
(after having rejected the amendment on February 6, 1867);
South Carolina, July 9, 1868 (after having rejected the
amendment on December 20, 1866); Alabama, July 13, 1868
(date on which it was ``approved'' by the Governor);
Georgia, July 21, 1868 (after having rejected the amendment
on November 9, 1866--Georgia ratified again on February 2,
1870); Virginia, October 8, 1869 (after having rejected the
amendment on January 9, 1867); Mississippi, January 17,
1870; Texas, February 18, 1870 (after having rejected the
amendment on October 27, 1866); Delaware, February 12, 1901
(after having rejected the amendment on February 8, 1867);
Maryland, April 4, 1959 (after having rejected the amendment
on March 23, 1867); California, May 6, 1959; Kentucky, March
18, 1976 (after having rejected the amendment on January 8,
1867).
\8\The fourteenth amendment was proposed by Congress on
June 13, 1866, when it passed the House [Cong. Globe (39th
Cong., 1st sess.) 3148, 3149], having previously passed the
Senate on June 8 [Id., 3042]. It appears officially in 14
Stat. 358 under date of June 16, 1866. Ratification was
probably completed on July 9, 1868, when the legislature of
the twenty-eighth State (South Carolina or Louisiana)
approved the amendment, there being then 37 States in the
Union. However, Ohio and New Jersey had prior to that date
``withdrawn'' their earlier assent to this amendment.
Accordingly, Secretary of State Seward on July 20, 1868,
certified that the amendment had become a part of the
Constitution if the said withdrawals were ineffective [15
Stat. 706-707]. Congress at once (July 21, 1868) passed a
joint resolution declaring the amendment a part of the
Constitution and directing the Secretary to promulgate it as
such. On July 28, 1868, Secretary Seward certified without
reservation that the amendment was a part of the
Constitution. In the interim, two other States, Alabama on
July 13 and Georgia on July 21, 1868, had added their
ratifications.
1735 AMENDMENT XV
1735.1 Section 1. The right of citizens of the United States to
vote shall not be denied or abridged by the United States or
by any State on account of race, color, or previous
condition of servitude.
1735.2 Section 2. The Congress shall have power to enforce this
article by appropriate legislation.
The fifteenth amendment\9\ was ratified by the several
State legislatures on the following dates: Nevada, March 1,
1869; West Virginia, March 3, 1869; North Carolina, March 5,
1869; Louisiana, March 5, 1869 (date on which it was
``approved'' by the Governor); Illinois, March 5, 1869;
Michigan, March 5, 1869; Wisconsin, March 5, 1869; Maine,
March 11, 1869; Massachusetts, March 12, 1869; South
Carolina, March 15, 1869; Arkansas, March 15, 1869;
Pennsylvania, March 25, 1869; New York, April 14, 1869 (New
York ``withdrew'' its consent to the ratification on January
5, 1870, which action it rescinded on March 30, 1970);
Indiana, May 14, 1869; Connecticut, May 19, 1869; Florida,
June 14, 1869; New Hampshire, July 1, 1869; Virginia,
October 8, 1869; Vermont, October 20, 1869; Alabama,
November 16, 1869; Missouri, January 7, 1870 (Missouri had
ratified the first section of the 15th Amendment on March 1,
1869; it failed to include in its ratification the second
section of the amendment); Minnesota, January 13, 1870;
Mississippi, January 17, 1870; Rhode Island, January 18,
1870; Kansas, January 19, 1870 (Kansas had by a defectively
worded resolution previously ratified this amendment on
February 27, 1869); Ohio, January 27, 1870 (after having
rejected the amendment on May 4, 1869); Georgia, February 2,
1870; Iowa, February 3, 1870; Nebraska, February 17, 1870;
Texas, February 18, 1870; New Jersey, February 15, 1871
(after having rejected the amendment on February 7, 1870);
Delaware, February 12, 1901 (date on which approved by
Governor; Delaware had previously rejected the amendment on
March 18, 1869); Oregon, February 24, 1959 (after having
rejected the amendment on October 26, 1870); California,
April 3, 1962 (after having rejected the amendment on
January 28, 1870); Maryland, May 7, 1973 (date on which
approved by Governor; Maryland had previously rejected the
amendment on February 26, 1870); Kentucky, March 18, 1976
(after having rejected the amendment on March 12, 1869). The
amendment was rejected by Tennessee on November 16, 1869.
\9\The fifteenth amendment was proposed by Congress on
February 26, 1869, when it passed the Senate [Cong. Globe
(40th Cong., 3d sess.) 1641], having previously passed the
House on February 25 [Id., 1563, 1564]. It appears
officially in 15 Stat. 346 under date of February 27, 1869.
Ratification was probably completed on February 3, 1870,
when the legislature of the twenty-eighth State (Iowa)
approved the amendment, there being then 37 States in the
Union. However, New York had prior to that date
``withdrawn'' its earlier assent to this amendment. Even if
this withdrawal were effective, Nebraska's ratification on
February 17, 1870, authorized Secretary of State Fish's
certification of March 30, 1870, that the 15th amendment had
become a part of the Constitution [16 Stat. 1131].
1736 AMENDMENT XVI
The Congress shall have power to lay and collect taxes
on incomes, from whatever source derived, without
apportionment among the several States, and without regard
to any census or enumeration.
The sixteenth amendment\10\ was ratified by the several
State legislatures on the following dates: Alabama, August
10, 1909; Kentucky, February 8, 1910; South Carolina,
February 19, 1910; Illinois, March 1, 1910; Mississippi,
March 7, 1910; Oklahoma, March 10, 1910; Maryland, April 8,
1910; Georgia, August 3, 1910; Texas, August 16, 1910; Ohio,
January 19, 1911; Idaho, January 20, 1911; Oregon, January
23, 1911; Washington, January 26, 1911; Montana, January 27,
1911; Indiana, January 30, 1911; California, January 31,
1911; Nevada, January 31, 1911; South Dakota, February 1,
1911; Nebraska, February 9, 1911; North Carolina, February
11, 1911; Colorado, February 15, 1911; North Dakota,
February 17, 1911; Michigan, February 23, 1911; Iowa,
February 24, 1911; Kansas, March 2, 1911; Missouri, March
16, 1911; Maine, March 31, 1911; Tennessee, April 7, 1911;
Arkansas, April 22, 1911 (after having rejected the
amendment at the session begun January 9, 1911); Wisconsin,
May 16, 1911; New York, July 12, 1911; Arizona, April 3,
1912; Minnesota, June 11, 1912; Louisiana, June 28, 1912;
West Virginia, January 31, 1913; Delaware, February 3, 1913;
Wyoming, February 3, 1913; New Mexico, February 3, 1913; New
Jersey, February 4, 1913; Vermont, February 19, 1913;
Massachusetts, March 4, 1913; New Hampshire, March 7, 1913
(after having rejected the amendment on March 2, 1911). The
amendment was rejected (and not subsequently ratified) by
Connecticut, Rhode Island, and Utah.
\10\The sixteenth amendment was proposed by Congress on
July 12, 1909, when it passed the House [44 Cong. Rec. (61st
Cong., 1st sess.) 4390, 4440, 4441], having previously
passed the Senate on July 5 [Id., 4121]. It appears
officially in 36 Stat. 184. Ratification was completed on
February 3, 1913, when the legislature of the thirty-sixth
State (Delaware, Wyoming, or New Mexico) approved the
amendment, there being then 48 States in the Union. On
February 25, 1913, Secretary of State Knox certified that
this amendment had become a part of the Constitution [37
Stat. 1785].
1737 AMENDMENT [XVII]
1737.1 The Senate of the United States shall be composed of two
Senators from each State, elected by the people thereof, for
six years; and each Senator shall have one vote. The
electors in each State shall have the qualifications
requisite for electors of the most numerous branch of the
State legislatures.
1737.2 When vacancies happen in the representation of any State
in the Senate, the executive authority of such State shall
issue writs of election to fill such vacancies: Provided,
That the legislature of any State may empower the executive
thereof to make temporary appointments until the people fill
the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect
the election or term of any Senator chosen before it becomes
valid as part of the Constitution.
The seventeenth amendment\11\ was ratified by the
several State legislatures on the following dates:
Massachusetts, May 22, 1912; Arizona, June 3, 1912;
Minnesota, June 10, 1912; New York, January 15, 1913;
Kansas, January 17, 1913; Oregon, January 23, 1913; North
Carolina, January 25, 1913; California, January 28, 1913;
Michigan, January 28, 1913; Iowa, January 30, 1913; Montana,
January 30, 1913; Idaho, January 31, 1913; West Virginia,
February 4, 1913; Colorado, February 5, 1913; Nevada,
February 6, 1913; Texas, February 7, 1913; Washington,
February 7, 1913; Wyoming, February 8, 1913; Arkansas,
February 11, 1913; Illinois, February 13, 1913; North
Dakota, February 14, 1913; Wisconsin, February 18, 1913;
Indiana, February 19, 1913; New Hampshire, February 19,
1913; Vermont, February 19, 1913; South Dakota, February 19,
1913; Maine, February 20, 1913; Oklahoma, February 24, 1913;
Ohio, February 25, 1913; Missouri, March 7, 1913; New
Mexico, March 13, 1913; Nebraska, March 14, 1913; New
Jersey, March 17, 1913; Tennessee, April 1, 1913;
Pennsylvania, April 2, 1913; Connecticut, April 8, 1913;
Louisiana, June 5, 1914. The amendment was rejected by Utah
on February 26, 1913.
\11\The seventeenth amendment was proposed by Congress
on May 13, 1912, when it passed the House [48 Cong. Rec.
(62d Cong., 2d sess.) 6367], having previously passed the
Senate on June 12, 1911 [47 Cong. Rec. (62d Cong., 1st
sess.) 1925]. It appears officially in 37 Stat. 646.
Ratification was completed on April 8, 1913, when the
thirty-sixth State (Connecticut) approved the amendment,
there being then 48 States in the Union. On May 31, 1913,
Secretary of State Bryan certified that it had become a part
of the Constitution [38 Stat. 2049].
*Amendment XVIII was repealed by amendment XXI, Senate
Manual section 1741.
1738 [AMENDMENT [XVIII]]*
1738.1 [Section 1. After one year from the ratification of this
article the manufacture, sale, or transportation of
intoxicating liquors within, the importation thereof into,
or the exportation thereof from the United States and all
territory subject to the jurisdiction thereof for beverage
purposes is hereby prohibited.
1738.2 [Section 2. The Congress and the several States shall
have concurrent power to enforce this article by appropriate
legislation.
1738.3 [Section 3. This article shall be inoperative unless it
shall have been ratified as an amendment to the Constitution
by the legislatures of the several States, as provided in
the Constitution, within seven years from the date of the
submission hereof to the States by the Congress.]
The eighteenth amendment\12\ was ratified by the several
State legislatures on the following dates: Mississippi,
January 8, 1918; Virginia, January 11, 1918; Kentucky,
January 14, 1918; North Dakota, January 28, 1918 (date on
which approved by Governor); South Carolina, January 29,
1918; Maryland, February 13, 1918; Montana, February 19,
1918; Texas, March 4, 1918; Delaware, March 18, 1918; South
Dakota, March 20, 1918; Massachusetts, April 2, 1918;
Arizona, May 24, 1918; Georgia, June 26, 1918; Louisiana,
August 9, 1918 (date on which approved by Governor);
Florida, November 27, 1918; Michigan, January 2, 1919; Ohio,
January 7, 1919; Oklahoma, January 7, 1919; Idaho, January
8, 1919; Maine, January 8, 1919; West Virginia, January 9,
1919; California, January 13, 1919; Tennessee, January 13,
1919; Washington, January 13, 1919; Arkansas, January 14,
1919; Kansas, January 14, 1919; Illinois, January 14, 1919;
Indiana, January 14, 1919; Alabama, January 15, 1919;
Colorado, January 15, 1919; Iowa, January 15, 1919; New
Hampshire, January 15, 1919; Oregon, January 15, 1919;
Nebraska, January 16, 1919; North Carolina, January 16,
1919; Utah, January 16, 1919; Missouri, January 16, 1919;
Wyoming, January 16, 1919; Minnesota, January 17, 1919;
Wisconsin, January 17, 1919; New Mexico, January 20, 1919;
Nevada, January 21, 1919; New York, January 29, 1919;
Vermont, January 29, 1919; Pennsylvania, February 25, 1919;
Connecticut, May 6, 1919; New Jersey, March 9, 1922. The
amendment was rejected (and not subsequently ratified) by
Rhode Island.
\12\The eighteenth amendment was proposed by Congress on
December 18, 1917, when it passed the Senate [Cong. Rec.
(65th Cong., 2d sess.) 478], having previously passed the
House on December 17 [Id., 470]. It appears officially in 40
Stat. 1050. Ratification was completed on January 16, 1919,
when the thirty-sixth State approved the amendment, there
being then 48 States in the Union. On January 29, 1919,
Acting Secretary of State Polk certified that this amendment
had been adopted by the requisite number of States [40 Stat.
1941]. By its terms this amendment did not become effective
until 1 year after ratification.
1739 AMENDMENT [XIX]
1739.1 The right of citizens of the United States to vote shall
not be denied or abridged by the United States or by any
State on account of sex.
1739.2 Congress shall have power to enforce this article by
appropriate legislation.
The nineteenth amendment\13\ was ratified by the several
State legislatures on the following dates: Illinois, June
10, 1919 (readopted June 17, 1919); Michigan, June 10, 1919;
Wisconsin, June 10, 1919; Kansas, June 16, 1919; New York,
June 16, 1919; Ohio, June 16, 1919; Pennsylvania, June 24,
1919; Massachusetts, June 25, 1919; Texas, June 28, 1919;
Iowa, July 2, 1919 (date on which approved by Governor);
Missouri, July 3, 1919; Arkansas, July 28, 1919; Montana,
August 2, 1919 (date on which approved by Governor);
Nebraska, August 2, 1919; Minnesota, September 8, 1919; New
Hampshire, September 10, 1919 (date on which approved by
Governor); Utah, October 2, 1919; California, November 1,
1919; Maine, November 5, 1919; North Dakota, December 1,
1919; South Dakota, December 4, 1919 (date on which
certified); Colorado, December 15, 1919 (date on which
approved by Governor); Kentucky, January 6, 1920; Rhode
Island, January 6, 1920; Oregon, January 13, 1920; Indiana,
January 16, 1920; Wyoming, January 27, 1920; Nevada,
February 7, 1920; New Jersey, February 9, 1920; Idaho,
February 11, 1920; Arizona, February 12, 1920; New Mexico,
February 21, 1920 (date on which approved by Governor);
Oklahoma, February 28, 1920; West Virginia, March 10, 1920;
Washington, March 22, 1920; Tennessee, August 18, 1920;
Connecticut, September 14, 1920 (confirmed September 21,
1920); Vermont, February 8, 1921; Delaware, March 6, 1923
(after having rejected it on June 2, 1920); Maryland, March
29, 1941 (after having rejected it on February 24, 1920,
ratification certified on February 25, 1958); Virginia,
February 21, 1952 (after having rejected it on February 12,
1920); Alabama, September 8, 1953 (after having rejected it
on September 22, 1919); Florida, May 13, 1969; South
Carolina, July 1, 1969 (after having rejected it on January
29, 1920); Georgia, February 20, 1970 (after having rejected
it on July 24, 1919); Louisiana, June 11, 1970 (after having
rejected it on July 1, 1920); North Carolina, May 6, 1971;
Mississippi, March 22, 1984 (after having rejected it on
March 29, 1920).
\13\The nineteenth amendment was proposed by Congress on
June 4, 1919, when it passed the Senate [Cong. Rec. (66th
Cong., 1st sess.) 635], having previously passed the House
on May 21 [Id., 94]. It appears officially in 41 Stat. 362.
Ratification was completed on August 18, 1920, when the
thirty-sixth State (Tennessee) approved the amendment, there
being then 48 States in the Union. On August 26, 1920,
Secretary of State Colby certified that it had become a part
of the Constitution [41 Stat. 1823].
1740 AMENDMENT [XX]
1740.1 Section 1. The terms of the President and Vice-President
shall end at noon on the 20th day of January, and the terms
of Senators and Representatives 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.
1740.2 Section 2. The Congress shall assemble at least once in
every year, and such meeting shall begin at noon on the 3d
day of January, unless they shall by law appoint a different
day.
1740.3 Section 3. If, at the time fixed for the beginning of
the term of the President, the President elect shall have
died, the Vice-President elect shall become President. If a
President shall not have been chosen before the time fixed
for the beginning of his term, or if the President elect
shall have failed to qualify, then the Vice-President elect
shall act as President until a President shall have
qualified; and the Congress may by law provide for the case
wherein neither a President elect nor a Vice-President elect
shall have qualified, declaring who shall then act as
President, or the manner in which one who is to act shall be
selected, and such person shall act accordingly until a
President or Vice-President shall have qualified.
1740.4 Section 4. The Congress may by law provide for the case
of the death of any of the persons from whom the House of
Representatives may choose a President whenever the right of
choice shall have devolved upon them, and for the case of
the death of any of the persons from whom the Senate may
choose a Vice-President whenever the right of choice shall
have devolved upon them.
1740.5 Section 5. Sections 1 and 2 shall take effect on the
15th day of October following the ratification of this
article.
1740.6 Section 6. This article shall be inoperative unless it
shall have been ratified as an amendment to the Constitution
by the legislatures of three-fourths of the several States
within seven years from the date of its submission.
The twentieth amendment\14\ was ratified by the several
State legislatures on the following dates: Virginia, March
4, 1932; New York, March 11, 1932; Mississippi, March 16,
1932; Arkansas, March 17, 1932; Kentucky, March 17, 1932;
New Jersey, March 21, 1932; South Carolina, March 25, 1932;
Michigan, March 31, 1932; Maine, April 1, 1932; Rhode
Island, April 14, 1932; Illinois, April 21, 1932; Louisiana,
June 22, 1932; West Virginia, July 30, 1932; Pennsylvania,
August 11, 1932; Indiana, August 15, 1932; Texas, September
7, 1932; Alabama, September 13, 1932; California, January 4,
1933; North Carolina, January 5, 1933; North Dakota, January
9, 1933; Minnesota, January 12, 1933; Arizona, January 13,
1933; Montana, January 13, 1933; Nebraska, January 13, 1933;
Oklahoma, January 13, 1933; Kansas, January 16, 1933;
Oregon, January 16, 1933; Delaware, January 19, 1933;
Washington, January 19, 1933; Wyoming, January 19, 1933;
Iowa, January 20, 1933; South Dakota, January 20, 1933;
Tennessee, January 20, 1933; Idaho, January 21, 1933; New
Mexico, January 21, 1933; Georgia, January 23, 1933;
Missouri, January 23, 1933; Ohio, January 23, 1933; Utah,
January 23, 1933; Colorado, January 24, 1933; Massachusetts,
January 24, 1933; Wisconsin, January 24, 1933; Nevada,
January 26, 1933; Connecticut, January 27, 1933; New
Hampshire, January 31, 1933; Vermont, February 2, 1933;
Maryland, March 24, 1933; Florida, April 26, 1933.
\14\The twentieth amendment was proposed by Congress on
March 2, 1932, when it passed the Senate [Cong. Rec. (72d
Cong., 1st sess.) 5086], having previously passed the House
on March 1 [Id., 5027]. It appears officially in 47 Stat.
745. Ratification was completed on January 23, 1933, when
the thirty-sixth State approved the amendment, there being
then 48 States in the Union. On February 6, 1933, Secretary
of State Stimson certified that it had become a part of the
Constitution [47 Stat. 2569].
A proposed amendment which would authorize Congress to
limit, regulate, and prohibit the labor of persons under 18
years of age was passed by Congress on June 2, 1924. This
proposal at the time it was submitted to the States was
referred to as ``the proposed 20th Amendment.'' It appears
officially in 43 Stat. 670.
The status of this proposed amendment is a matter of
conflicting opinion. The Kentucky Court of Appeals in Wise
v. Chandler (270 Ky. 1 [1937]) has held that it is no longer
open to ratification because: (1) Rejected by more than one-
fourth of the States; (2) a State may not reject and then
subsequently ratify, at least when more than one-fourth of
the States are on record as rejecting; and (3) more than a
reasonable time has elapsed since it was submitted to the
States in 1924 (for subsequent litigation in the Chandler
case see 303 U.S. 634 and 307 U.S. 474). The Kansas Supreme
Court in Coleman v. Miller (146 Kan. 390 [1937]) came to the
opposite conclusion.
On October 1, 1937, 27 States had ratified the proposed
amendment. Of these States 10 had previously rejected the
amendment on one or more occasions. At least 26 different
States have at one time rejected the amendment.
1741 AMENDMENT [XXI]
1741.1 Section 1. The eighteenth article of amendment to the
Constitution of the United States is hereby repealed.
1741.2 Section 2. The transportation or importation into any
State, Territory, or possession of the United States for
delivery or use therein of intoxicating liquors, in
violation of the laws thereof, is hereby prohibited.
1741.3 Section 3. This article shall be inoperative unless it
shall have been ratified as an amendment to the Constitution
by conventions in the several States, as provided in the
Constitution, within seven years from the date of the
submission hereof to the States by the Congress.
The twenty-first amendment\15\ was ratified by the
several State conventions on the following dates: Michigan,
April 10, 1933; Wisconsin, April 25, 1933; Rhode Island, May
8, 1933; Wyoming, May 25, 1933; New Jersey, June 1, 1933;
Delaware, June 24, 1933; Indiana, June 26, 1933;
Massachusetts, June 26, 1933; New York, June 27, 1933;
Illinois, July 10, 1933; Iowa, July 10, 1933; Connecticut,
July 11, 1933; New Hampshire, July 11, 1933; California,
July 24, 1933; West Virginia, July 25, 1933; Arkansas,
August 1, 1933; Oregon, August 7, 1933; Alabama, August 8,
1933; Tennessee, August 11, 1933; Missouri, August 29, 1933;
Arizona, September 5, 1933; Nevada, September 5, 1933;
Vermont, September 23, 1933; Colorado, September 26, 1933;
Washington, October 3, 1933; Minnesota, October 10, 1933;
Idaho, October 17, 1933; Maryland, October 18, 1933;
Virginia, October 25, 1933; New Mexico, November 2, 1933;
Florida, November 14, 1933; Texas, November 24, 1933;
Kentucky, November 27, 1933; Ohio, December 5, 1933;
Pennsylvania, December 5, 1933; Utah, December 5, 1933;
Maine, December 6, 1933; Montana, August 6, 1934. The
amendment was rejected by a convention in the State of South
Carolina, on December 4, 1933. The electorate of the State
of North Carolina voted against holding a convention at a
general election held on November 7, 1933.
\15\The twenty-first amendment was proposed by Congress
on February 20, 1933, when it passed the House [76 Cong.
Rec. (72d Cong., 2d sess.) 4516], having previously passed
the Senate on February 16 [Id., 4231]. It appears officially
in 47 Stat. 1625. Ratification was completed on December 5,
1933, when the thirty-sixth State (Utah) approved the
amendment, there being then 48 States in the Union. On
December 5, 1933, Acting Secretary of State Phillips
certified that it had been adopted by the requisite number
of States [48 Stat. 1749].
1742 AMENDMENT [XXII]
1742.1 Section 1. No person shall be elected to the office of
the President more than twice, and no person who has held
the office of President, or acted as President, for more
than two years of a term to which some other person was
elected President shall be elected to the office of the
President more than once. But this Article shall not apply
to any person holding the office of President when this
Article was proposed by the Congress, and shall not prevent
any person who may be holding the office of President, or
acting as President, during the term within which this
Article becomes operative, from holding the office of
President or acting as President during the remainder of
such term.
1742.2 Section 2. This article shall be inoperative unless it
shall have been ratified as an amendment to the Constitution
by the legislatures of three-fourths of the several States
within seven years from the date of its submission to the
States by the Congress.
The twenty-second amendment\16\ was ratified by the
several State legislatures on the following dates: Maine,
March 31, 1947; Michigan, March 31, 1947; Iowa, April 1,
1947; Kansas, April 1, 1947; New Hampshire, April 1, 1947;
Delaware, April 2, 1947; Illinois, April 3, 1947; Oregon,
April 3, 1947; Colorado, April 12, 1947; California, April
15, 1947; New Jersey, April 15, 1947; Vermont, April 15,
1947; Ohio, April 16, 1947; Wisconsin, April 16, 1947;
Pennsylvania, April 29, 1947; Connecticut, May 21, 1947;
Missouri, May 22, 1947; Nebraska, May 23, 1947; Virginia,
January 28, 1948; Mississippi, February 12, 1948; New York,
March 9, 1948; South Dakota, January 21, 1949; North Dakota,
February 25, 1949; Louisiana, May 17, 1950; Montana, January
25, 1951; Indiana, January 29, 1951; Idaho, January 30,
1951; New Mexico, February 12, 1951; Wyoming, February 12,
1951; Arkansas, February 15, 1951; Georgia, February 17,
1951; Tennessee, February 20, 1951; Texas, February 22,
1951; Utah, February 26, 1951; Nevada, February 26, 1951;
Minnesota, February 27, 1951; North Carolina, February 28,
1951; South Carolina, March 13, 1951; Maryland, March 14,
1951; Florida, April 16, 1951; Alabama, May 4, 1951. The
amendment was rejected (and not subsequently ratified) by
Oklahoma in June 1947, and Massachusetts on June 9, 1949.
\16\The twenty-second amendment was proposed by Congress
on March 24, 1947, when the House agreed to Senate amendment
[93 Cong. Rec. (80th Cong., 1st sess.) 2389], having
previously been passed in the House of Representatives on
February 6, 1947 [93 Cong. Rec. (80th Cong., 1st sess.)
872], and in the Senate on March 12, 1947, with an amendment
[93 Cong. Rec. (80th Cong., 1st sess.) 1978]. Ratification
was completed on February 27, 1951, when the legislature of
the thirty-sixth State (Minnesota) approved the amendment,
there being then forty-eight States in the Union. On March
1, 1951, the Administrator of General Services, Jess Larson,
certified that this amendment had become a part of the
Constitution.
1743 AMENDMENT [XXIII]
1743.1 Section 1. The District constituting the seat of
Government of the United States shall appoint in such manner
as the Congress may direct:
A number of electors of President and Vice President
equal to the whole number of Senators and Representatives in
Congress to which the District would be entitled if it were
a State, but in no event more than the least populous State;
they shall be in addition to those appointed by the States,
but they shall be considered, for the purposes of the
election of President and Vice President, to be electors
appointed by a State; and they shall meet in the District
and perform such duties as provided by the twelfth article
of amendment.
1743.2 Section 2. The Congress shall have power to enforce this
article by appropriate legislation.
The twenty-third amendment\17\ was ratified by the
several State legislatures on the following dates: Hawaii,
June 23, 1960 (technical correction, June 30, 1960);
Massachusetts, August 22, 1960; New Jersey, December 19,
1960; New York, January 17, 1961; California, January 19,
1961; Oregon, January 27, 1961; Maryland, January 30, 1961;
Idaho, January 31, 1961; Maine, January 31, 1961; Minnesota,
January 31, 1961; New Mexico, February 1, 1961; Nevada,
February 2, 1961; Montana, February 6, 1961; Colorado,
February 8, 1961; Washington, February 9, 1961; West
Virginia, February 9, 1961; Alaska, February 10, 1961;
Wyoming, February 13, 1961; South Dakota, February 14, 1961
(date of filing in Office of Secretary of State of South
Dakota); Delaware, February 20, 1961; Utah, February 21,
1961; Wisconsin, February 21, 1961; Pennsylvania, February
28, 1961; Indiana, March 3, 1961; North Dakota, March 3,
1961; Tennessee, March 6, 1961; Michigan, March 8, 1961;
Connecticut, March 9, 1961; Arizona, March 10, 1961;
Illinois, March 14, 1961; Nebraska, March 15, 1961; Vermont,
March 15, 1961; Iowa, March 16, 1961; Missouri, March 20,
1961; Oklahoma, March 21, 1961; Rhode Island, March 22,
1961; Kansas, March 29, 1961; Ohio, March 29, 1961; New
Hampshire, March 30, 1961 (date in official notice; preceded
by ratification on March 29, 1961, which was annulled and
then repeated March 29). Arkansas rejected the proposal on
January 24, 1961.
\17\The twenty-third amendment was proposed by Congress
on June 16, 1960, when the Senate agreed to S.J. Res. 39,
86th Cong., as passed by the House of Representatives on
June 14; which action consisted of substituting H.J. Res.
757 for the original text of S.J. Res. 39 [106 Cong. Rec.
(86th Cong., 2d sess.) 12571]. S.J. Res. 39 as approved by
the Senate on February 2, 1960 [106 Cong. Rec. (86th Cong.,
2d sess.) 12850-58], for the first time since 1789, proposed
several unrelated articles of amendment, though several
amendments cover several points in sections of an article;
as finally proposed it dealt with a single matter. It
appears officially in 74 Stat. 1057 under date of June 16,
1960. Ratification was completed on March 29, 1961, when the
legislature of the thirty-eighth State (Ohio) approved the
amendment, there being then fifty States in the Union. The
identity of the thirty-eighth State was in doubt until New
Hamphire by ``official notice'' determined March 30 as the
date of its ratification. On April 3, 1961, the
Administrator of General Services, John L. Moore, certified
that this amendment had become a part of the Constitution
(26 F.R. 2808 and 75 Stat. 847).
1744 AMENDMENT [XXIV]
1744.1 Section 1. The right of citizens of the United States to
vote in any primary or other election for President or Vice
President, for electors for President or Vice President, or
for Senator or Representative in Congress, shall not be
denied or abridged by the United States or any State by
reason of failure to pay any poll tax or other tax.
1744.2 Section 2. The Congress shall have power to enforce this
article by appropriate legislation.
The twenty-fourth amendment\18\ was ratified by the
several State legislatures on the following dates: Illinois,
November 14, 1962; New Jersey, December 3, 1962; Oregon,
January 25, 1963; Montana, January 28, 1963; West Virginia,
February 1, 1963; New York, February 4, 1963; Maryland,
February 6, 1963; California, February 7, 1963; Alaska,
February 11, 1963; Rhode Island, February 14, 1963; Indiana,
February 19, 1963; Utah, February 20, 1963; Michigan,
February 20, 1963; Colorado, February 21, 1963; Ohio,
February 27, 1963; Minnesota, February 27, 1963; New Mexico,
March 5, 1963; Hawaii, March 6, 1963; North Dakota, March 7,
1963; Idaho, March 8, 1963; Washington, March 14, 1963;
Vermont, March 15, 1963; Nevada, March 19, 1963;
Connecticut, March 20, 1963; Tennessee, March 21, 1963;
Pennsylvania, March 25, 1963; Wisconsin, March 26, 1963;
Kansas, March 28, 1963; Massachusetts, March 28, 1963;
Nebraska, April 4, 1963; Florida, April 18, 1963; Iowa,
April 24, 1963; Delaware, May 1, 1963; Missouri, May 13,
1963; New Hampshire, June 16, 1963; Kentucky, June 27, 1963;
Maine, January 16, 1964; South Dakota, January 23, 1964;
Virginia, February 25, 1977; North Carolina, May 3, 1989.
Mississippi rejected the proposal on December 20, 1962.
\18\The twenty-fourth amendment was proposed by Congress
on August 27, 1962, when it passed the House [108 Cong. Rec.
(87th Cong., 2d sess.) 1767], having previously passed the
Senate on March 27, 1962 [Id., 5105]. It appears officially
in 76 Stat. 1259 under date of August 29, 1962. Ratification
was completed on January 23, 1964, when the legislature of
the thirty-eighth State (South Dakota) approved the
amendment, there being then fifty States in the Union. On
February 4, 1964, the Administrator of General Services,
Bernard L. Boutin, certified that this amendment had become
a part of the Constitution (29 F.R. 1715).
1745 AMENDMENT [XXV]
1745.1 Section 1. In case of the removal of the President from
office or of his death or resignation, the Vice President
shall become President.
1745.2 Section 2. Whenever there is a vacancy in the office of
the Vice President, the President shall nominate a Vice
President who shall take office upon confirmation by a
majority vote of both Houses of Congress.
1745.3 Section 3. Whenever the President transmits to the
President pro tempore of the Senate and the Speaker of the
House of Representatives his written declaration that he is
unable to discharge the powers and duties of his office, and
until he transmits to them a written declaration to the
contrary, such powers and duties shall be discharged by the
Vice President as Acting President.
1745.4 Section 4. Whenever the Vice President and a majority of
either the principal officers of the executive departments
or of such other body as Congress may by law provide,
transmit to the President pro tempore of the Senate and the
Speaker of the House of Representatives their written
declaration that the President is unable to discharge the
powers and duties of his office, the Vice President shall
immediately assume the powers and duties of the office as
Acting President.
Thereafter, when the President transmits to the
President pro tempore of the Senate and the Speaker of the
House of Representatives his written declaration that no
inability exists, he shall resume the powers and duties of
his office unless the Vice President and a majority of
either the principal officers of the executive department\1\
or of such other body as Congress may by law provide,
transmit within four days to the President pro tempore of
the Senate and the Speaker of the House of Representatives
their written declaration that the President is unable to
discharge the powers and duties of his office. Thereupon
Congress shall decide the issue, assembling within forty-
eight hours for that purpose if not in session. If the
Congress, within twenty-one days after receipt of the latter
written declaration, or, if Congress is not in session,
within twenty-one days after Congress is required to
assemble, determines by two-thirds vote of both Houses that
the President is unable to discharge the powers and duties
of his office, the Vice President shall continue to
discharge the same as Acting President; otherwise, the
President shall resume the powers and duties of his office.
\1\So in original. Probably should be ``departments''.
The twenty-fifth amendment\19\ was ratified by the
several State legislatures on the following dates: Nebraska,
July 12, 1965; Wisconsin, July 13, 1965; Oklahoma, July 16,
1965; Massachusetts, August 9, 1965; Pennsylvania, August
18, 1965; Kentucky, September 15, 1965; Arizona, September
22, 1965; Michigan, October 5, 1965; Indiana, October 20,
1965; California, October 21, 1965; Arkansas, November 4,
1965; New Jersey, November 29, 1965; Delaware, December 7,
1965; Utah, January 17, 1966; West Virginia, January 20,
1966; Maine, January 24, 1966; Rhode Island, January 28,
1966; Colorado, February 3, 1966; New Mexico, February 3,
1966; Kansas, February 8, 1966; Vermont, February 10, 1966;
Alaska, February 18, 1966; Idaho, March 2, 1966; Hawaii,
March 3, 1966; Virginia, March 8, 1966; Mississippi, March
10, 1966; New York, March 14, 1966; Maryland, March 23,
1966; Missouri, March 30, 1966; New Hampshire, June 13,
1966; Louisiana, July 5, 1966; Tennessee, January 12, 1967;
Wyoming, January 25, 1967; Washington, January 26, 1967;
Iowa, January 26, 1967; Oregon, February 2, 1967; Minnesota,
February 10, 1967; Nevada, February 10, 1967; Connecticut,
February 14, 1967; Montana, February 15, 1967; South Dakota,
March 6, 1967; Ohio, March 7, 1967; Alabama, March 14, 1967;
North Carolina, March 22, 1967; Illinois, March 22, 1967;
Texas, April 25, 1967; Florida, May 25, 1967.
\19\The twenty-fifth amendment was proposed by Congress
on July 6, 1965, when the Senate agreed to a conference
report, to which the House had previously agreed on June 30,
1965. It appears officially in 79 Stat. 1327. Ratification
was completed on February 10, 1967, when the legislature of
the thirty-eighth State (Nevada) approved the amendment,
there being then fifty States in the Union. On February 23,
1967, the Administrator of General Services, Lawson B.
Knott, Jr., certified that this amendment had become a part
of the Constitution (32 F.R. 3287).
1746 AMENDMENT [XXVI]
1746.1 Section 1. The right of citizens of the United States,
who are eighteen years of age or older, to vote shall not be
denied or abridged by the United States or by any State on
account of age.
1746.2 Section 2. The Congress shall have power to enforce this
article by appropriate legislation.
The twenty-sixth amendment\20\ was ratified by the
several State legislatures on the following dates:
Connecticut, March 23, 1971; Delaware, March 23, 1971;
Minnesota, March 23, 1971; Tennessee, March 23, 1971;
Washington, March 23, 1971; Hawaii, March 24, 1971;
Massachusetts, March 24, 1971; Montana, March 29, 1971;
Arkansas, March 30, 1971; Idaho, March 30, 1971; Iowa, March
30, 1971; Nebraska, April 2, 1971; New Jersey, April 3,
1971; Kansas, April 7, 1971; Michigan, April 7, 1971;
Alaska, April 8, 1971; Maryland, April 8, 1971; Indiana,
April 8, 1971; Maine, April 9, 1971; Vermont, April 16,
1971; Louisiana, April 17, 1971; California, April 19, 1971;
Colorado, April 27, 1971; Pennsylvania, April 27, 1971;
Texas, April 27, 1971; South Carolina, April 28, 1971; West
Virginia, April 28, 1971; New Hampshire, May 13, 1971;
Arizona, May 14, 1971; Rhode Island, May 27, 1971; New York,
June 2, 1971; Oregon, June 4, 1971; Missouri, June 14, 1971;
Wisconsin, June 22, 1971; Illinois, June 29, 1971; Alabama,
June 30, 1971; Ohio, June 30, 1971; North Carolina, July 1,
1971; Oklahoma, July 1, 1971; Virginia, July 8, 1971;
Wyoming, July 8, 1971; Georgia, October 4, 1971.
\20\The twenty-sixth amendment was proposed by Congress
on March 23, 1971, when it passed the House [117 Cong. Rec.
(92d Cong., 1st sess.) 7570], having previously passed the
Senate on March 10, 1971 [Id., 5830]. It appears officially
in 85 Stat. 825. Ratification was completed on July 1, 1971,
when the legislature of the thirty-eighth State (North
Carolina) approved the amendment, there being then fifty
States in the Union. On July 5, 1971, the Administrator of
General Services, Robert L. Kunzig, certified that this
amendment had become a part of the Constitution (36 F.R.
12725).
1747 AMENDMENT [XXVII]
1747.1 No law, varying the compensation for the services of the
Senators and Representatives, shall take effect, until an
election of Representatives shall have intervened.
1747.2 The twenty-seventh amendment\21\ was ratified by the
following States: Maryland, December 19, 1789; North
Carolina, December 22, 1789; South Carolina, January 19,
1790; Delaware, January 28, 1790; Vermont, November 3, 1791;
Virginia, December 15, 1791; Ohio, May 6, 1873; Wyoming,
March 6, 1978; Maine, April 27, 1983; Colorado, April 22,
1984; South Dakota, February 21, 1985; New Hampshire, March
7, 1985; Arizona, April 3, 1985; Tennessee, May 23, 1985;
Oklahoma, July 10, 1985; New Mexico, February 14, 1986;
Indiana, February 24, 1986; Utah, February 25, 1986;
Arkansas, March 6, 1987; Montana, March 17, 1987;
Connecticut, May 13, 1987; Wisconsin, July 15, 1987;
Georgia, February 2, 1988; West Virginia, March 10, 1988;
Louisiana, July 7, 1988; Iowa, February 9, 1989; Idaho,
March 23, 1989; Nevada, April 26, 1989; Alaska, May 6, 1989;
Oregon, May 19, 1989; Minnesota, May 22, 1989; Texas, May
25, 1989; Kansas, April 5, 1990; Florida, May 31, 1990;
North Dakota, March 25, 1991; Alabama, May 5, 1992;
Missouri, May 5, 1992; Michigan, May 7, 1992; New Jersey,
May 7, 1992; Illinois, May 12, 1992; California, June 26,
1992; Rhode Island, June 10, 1993.
\21\The twenty-seventh amendment was the second of
twelve articles proposed by the First Congress on Sept. 25,
1789. Ratification was completed on May 7, 1992, when the
legislatures of the thirty-eighth and thirty-ninth States
(Michigan and New Jersey) approved the amendment, there
being then fifty States in the Union. On May 18, 1992, the
Archivist of the United States declared this amendment to
have become valid. (F.R. Doc. 92-11951, 57 F.R. 21187).
index to the constitution of the united states
Senate Manual Section
[1750]
se__________________________________________________________
INDEX TO THE CONSTITUTION OF THE UNITED STATES AND
AMENDMENTS THERETO
____________________________________________________________
Senate Manual Section
A
Absence:
Congress, Members (art. 1, Sec. 5, cl. 1). 1711.16
Vice President, Senate (art. 1, Sec. 3,
cl. 5)................................ 1711.11
Accused, rights of (amdt. 6)...................... 1726
Actions:
Common law (amdt. 7)...................... 1727
Judicial Power (art. 3, Sec. 2)........... 1713.2
Acts, States, manner of proving (art. 4, Sec. 1).. 1714.1
Adjournment of Congress:
Day to Day (art. 1, Sec. 5, cl. 1)........ 1711.16
More than three days (art. 1, Sec. 5, cl.
4).................................... 1711.19
Questions of (art. 1, Sec. 7, cl. 3)...... 1711.24
President (art. 2, Sec. 3)................ 1712.12
Veto (art. 1, Sec. 7, cl. 2).............. 1711.23
Admiralty (art. 3, Sec. 2, cl. 1)................. 1713.2
Advice and consent of Senate (art. 2, Sec. 2, cl.
2)............................................ 1712.10
Age:
Eighteen-year-olds, right to vote (amdt.
26)................................... 1746
President (art. 2, Sec. 1, cl. 4)......... 1712.5
Representative (art. 1, Sec. 2, cl. 2).... 1711.3
Senator (art. 1, Sec. 3, cl. 3)........... 1711.9
Vice President (amdt. 12)................. 1732
(art. 2, Sec. 1, cl. 4)........1712.5
Ambassadors:
Appointment (art. 2, Sec. 2, cl. 2)....... 1712.10
Cases affecting (art. 3, Sec. 2, cl. 2)... 1713.3
Reception (art. 2, Sec. 3)................ 1712.12
Amendments to Constitution (art. 5)............... 1715
Appointments (art. 2, Sec. 2, cls. 2, 3).......... 1712.10-
11
Apportionment:
Representatives (art. 1, Sec. 2, cl. 3)... 1711.4
(amdt. 14, Sec. 2).............1734.2
Taxes (art. 1, Sec. 2, cl. 3)............. 1711.4
(art. 1, Sec. 9, cl. 4)........1712.4-6
Appropriations:
Army, limitation (art. 1, Sec. 8, cl. 2).. 1711.26
Necessity of (art. 1, Sec. 9, cl. 7)...... 1711.49
Arms, right to bear (amdt. 2)..................... 1722
Army:
Appropriations, limitation (art. 1,
Sec. 8, cl. 12)....................... 1711.36
Commander-in-Chief (art. 2, Sec. 2, cl. 1) 1712.9
Congress, power to raise (art. 1, Sec. 8,
cl. 12)............................... 1711.36
Government and regulation (art. 1, Sec. 8,
cl. 14)............................... 1711.38
Indictments (amdt. 5)..................... 1725
Arrest, Representatives and Senators (art. 1,
Sec. 6, cl. 1)................................ 1711.2
Arsenals (art. 1, Sec. 8, cl. 17)................. 1711.41
Arts, Congress (art. 1, Sec. 8, cl. 8)............ 1711.32
Assembly, right of (amdt. 1)...................... 1721
Attainder, Bill of:
Congress, prohibition (art. 1, Sec. 9, cl.
3).................................... 1711.45
States, prohibition (art. 1, Sec. 10, cl.
1).................................... 1711.51
Treason (art. 3, Sec. 3, cl. 2)........... 1713.6
Attorneys, right to (amdt. 6)..................... 1726
Authors, right to writings (art. 1, Sec. 8, cl. 8) 1711.32
B
Bail (amdt. 8).................................... 1728
Bankruptcy (art. 1, Sec. 8, cl. 4)................ 1711.28
Bill of Rights (amdts. 1-10)...................... 1721-1730
Bills of credit (art. 1, Sec. 10, cl. 1).......... 1711.51
Bounties (amdt. 14, Sec. 4)....................... 1734.4
Bribery, impeachment (art. 2, Sec. 4)............. 1712.13
Breach of peace, Senator or Representative (art.
1, Sec. 6, cl. 1)............................. 1711.2
C
Capital crimes (amdt. 5).......................... 1725
Capitation tax (art. 1, Sec. 9, cl. 4)............ 1711.46
Captures, congressional rules (art. 1, Sec. 8, cl.
11)........................................... 1711.35
Census, See Enumeration.
Chief Justice (art. 1, Sec. 3, cl. 6)............. 1711.12
Citizens:
Birth (amdt. 14, Sec. 1).................. 1734.1
Defined (amdt. 14, Sec. 1)................ 1734.1
Due process (amdt. 14, Sec. 1)............ 1734.1
Equal protection (amdt. 14, Sec. 1)....... 1734.1
Judicial power of United States (art. 3,
Sec. 2, cl. 1)........................ 1713.2
(amdt. 11).....................1731
Natural born (art. 2, Sec. 1, cl. 4)...... 1712.5
Privileges and immunities (art. 4, Sec. 2,
cl. 1)................................ 1714.2
(amdt. 14, Sec. 1).............1734.1
Qualification:
President (art. 2, Sec. 1, cl. 4). 1712.5
Representative (art. 1, Sec. 2,
cl. 1)........................ 1711.2
Senator (art. 1, Sec. 3, cl. 3)... 1711.9
Suffrage:
Eighteen-year-olds (amdt. 26)..... 1746.1
Race (amdt. 15, Sec. 1)........... 1735.1
Women (amdt. 19).................. 1739
Civil officers, removal (art. 2, Sec. 4).......... 1712.13
Claims of United States, or State (art. 4, Sec. 3,
cl. 2)........................................ 1714.6
Coinage:
Congress (art. 1, Sec. 8, cl. 5).......... 1711.29
Counterfeiting (art. 1, Sec. 8, cl. 6).... 1711.30
Foreign (art. 1, Sec. 8, cl. 5)........... 1711.29
States, prohibition (art. 1, Sec. 10, cl.
1).................................... 1711.51
Commander-in-chief (art. 2, Sec. 2, cl. 1)........ 1712.9
Commerce, regulation (art. 1, Sec. 8, cl. 3)...... 1711.27
Common defense (art. 1, Sec. 8, cl. 1)............ 1711.25
Common law (amdt. 7).............................. 1727
Compact, States (art. 1, Sec. 10, cl. 3).......... 1711.53
Compensation:
Judges (art. 3, Sec. 1)................... 1713.1
Justices of Supreme Court (art. 3, Sec. 1) 1713.1
Members of Congress (art. 1, Sec. 6, cl.
1).................................... 1711.20
(amdt. 27).....................1747
President (art. 2, Sec. 1, cl. 6)......... 1712.7
Private property, taking (amdt. 5)........ 1725
Compulsory process (amdt. 6)...................... 1726
Confederate states (amdt. 14, Sec. 4)............. 1734.4
Confederation debts (art. 6, Sec. 1).............. 1716.1
Confrontation, right of (amdt. 6)................. 1726
Congress: See also Senate and House of
Representatives:
Adjournment:
Day-to-day (art. 1, Sec. 5, cl. 1) 1711.16
Less than quorum (art. 1, Sec. 5,
cl. 1)........................ 1711.16
More than three days (art. 1,
Sec. 5, cl. 4)................ 1711.19
President's power (art. 2, Sec. 3) 1712.12
Questions of (art. 1, Sec. 7, cl.
3)............................ 1711.24
Veto, effect on (art. 1, Sec. 7,
cl. 2)........................ 1711.23
Composition (art. 1, Sec. 1).............. 1711.1
Consent:
Receipt of gifts, etc. (art. 1,
Sec. 9, cl. 8)................ 1711.50
State action:
Agreements (art. 1,
Sec. 10, cl. 3)..... 1711.53
Duties (art. 1, Sec. 10,
cl. 2).............. 1711.52
Ships of war (art. 1,
Sec. 10, cl. 3)..... 1711.53
Troops (art. 1, Sec. 10,
cl. 3).............. 1711.53
War (art. 1, Sec. 10, cl.
3).................. 1711.53
Constitutional amendments (art. 5)........ 1715
Elections:
Judge of (art. 1, Sec. 5, cl. 1).. 1711.16
President, House (amdt. 12)....... 1732
Regulation (art. 1, Sec. 4, cl. 1) 1711.14
Vice President, Senate (amdt. 12). 1732
Extra sessions (art. 2, Sec. 3)........... 1712.12
House of Representatives. See as
main entry.
Journals:
Entries:
Names, Members (art. 1,
Sec. 5, cl. 3)...... 1711.18
Objections, President
(art. 1, Sec. 7, cl.
2).................. 1711.23
Yeas and nays (art. 1,
Sec. 5, cl. 3)...... 1711.18
Keeping (art. 1, Sec. 5, cl. 3)... 1711.18
Legislative power (art. 1, Sec. 1)........ 1711.1
Members:
Attendance (art. 1, Sec. 5, cl. 1) 1711.16
Discipline (art. 1, Sec. 5, cl. 2) 1711.16
Eligibility for other offices
(art. 1, Sec. 6, cl. 2)....... 1711.21
Expulsion (art. 1, Sec. 5, cl. 2). 1711.17
Immunity (art. 1, Sec. 6, cl. 1).. 1711.2
Names, entry on journal (art. 1,
Sec. 5, cl. 3)................ 1711.18
Oath (art. 6, cl. 3).............. 1716.3
Punishment (art. 1, Sec. 5, cl. 2) 1711.17
Qualifications (art. 1, Sec. 6,
cl. 2)........................ 1711.21
Salaries (art. 1, Sec. 6, cl. 1).. 1711.20
(amdt. 27).....................1747
Powers:
Acting President, designation
(art. 2, Sec. 1, cl. 5)....... 1712.6
Amendments to constitution (art.
5)............................ 1716
Appointment, vesting (art. 2,
Sec. 2, cl. 2)................ 1712.10
Army:
Raise and support (art. 1,
Sec. 8, cl. 12)..... 1711.36
Regulation (art. 1,
Sec. 8, cl. 14)..... 1711.38
Bankruptcy (art. 1, Sec. 8, cl. 4) 1711.28
Borrowing (art. 1, Sec. 8, cl. 2). 1711.26
Captures, rules (art. 1, Sec. 8,
cl. 11)....................... 1711.35
Commerce, regulation (art. 1,
Sec. 8, cl. 3)................ 1711.27
Common defense (art. 1, Sec. 8,
cl. 1)........................ 1711.25
Copyrights (art. 1, Sec. 8, cl. 8) 1711.32
Counterfeiting (art. 1, Sec. 8,
cl. 6)........................ 1711.30
Criminal trials (art. 3, Sec. 2,
cl. 3)........................ 1713.4
Debts (art. 1, Sec. 8, cl. 1)..... 1711.25
District of Columbia (art. 1,
Sec. 8, cl. 17)............... 1711.41
Duties and excises, levying (art.
1, Sec. 8, cl. 1)............. 1711.25
Election, judge of (art. 1,
Sec. 5, cl. 1)................ 1711.16
Exclusive legislation (art. 1,
Sec. 8, cl. 17)............... 1711.41
Executing laws (art. 1, Sec. 8,
cl. 15)....................... 1711.39
Felonies on high seas (art. 1,
Sec. 8, cl. 10)............... 1711.34
Fifteenth Amendment, enforcing
(amdt. 15, Sec. 2)............ 1735
Foreign coins (art. 1, Sec. 8, cl.
5)............................ 1711.29
Forts, etc. (art. 1, Sec. 8, cl.
17)........................... 1711.41
Fourteenth Amendment, enforcing
(amdt. 14, Sec. 5)............ 1734.5
Full faith and credit clause (art.
4, Sec. 1).................... 1714.1
General welfare (art. 1, Sec. 8,
cl. 1)........................ 1711.25
Habeas corpus (art. 1, Sec. 9, cl.
2)............................ 1711.44
Impost, levying (art. 1, Sec. 8,
cl. 1)........................ 1711.25
Incidential powers (art. 1,
Sec. 8, cl. 18)............... 1711.42
Income tax (amdt. 16)............. 1736
Inferior courts:
Creation (art. 1, Sec. 8,
cl. 9).............. 1711.33
Establishment (art. 3,
Sec. 1, cl. 1)...... 1713.1
Inferior officers, appointment
(art. 2, Sec. 2, cl. 2)....... 1712.10
Laws of nations, offenses (art. 1,
Sec. 8, cl. 10)............... 1711.34
Letters of marque and reprisal
(art. 1, Sec. 8, cl. 11)...... 1711.35
Militia (art. 1, Sec. 8, cls. 15,
16)........................... 1711.39-
40
Money (art. 1, Sec. 8, cl. 5)..... 1711.29
Naturalization (art. 1, Sec. 8,
cl. 4)........................ 1711.28
Navy:
Provide and maintain (art.
1, Sec. 8, cl. 13).. 1711.37
Regulation (art. 1,
Sec. 8, cl. 14)..... 1711.38
Necessary and proper (art. 1,
Sec. 8, cl. 18)............... 1711.42
Patents (art. 1, Sec. 8, cl. 8)... 1711.32
Piracy and felonies on the high
seas (art. 1, Sec. 8, cl. 10). 1711.34
Post offices and post roads (art.
1, Sec. 8, cl. 7)............. 1711.31
Presidential electors (art. 2,
Sec. 1, cl. 3)................ 1712.4
Property of United States (art. 4,
Sec. 3, cl. 2)................ 1714.6
Removing disability (amdt. 14,
Sec. 3)....................... 1734.3
Slave traffic (art. 1, Sec. 9, cl.
1)............................ 1711.43
States, admission (art. 4, Sec. 3,
cl. 1)........................ 1714.5
Supreme Court (art. 3, Sec. 2, cl.
2)............................ 1713.3
Taxes, levying (art. 1, Sec. 8,
cl. 1)........................ 1711.25
Territories (art. 4, Sec. 3, cl.
2)............................ 1714.6
Treason (art. 3, Sec. 3, cl. 2)... 1713.6
War (art. 1, Sec. 8, cl. 11)...... 1711.35
Weights and measures (art. 1,
Sec. 8, cl. 5)................ 1711.29
President, disability (amdt. 25).......... 1745
Prohibitions:
Abridgement of:
Assembly, right of (amdt.
1).................. 1721
Petition, right of (amdt.
1).................. 1721
Press, freedom of (amdt.
1).................. 1721
Speech, freedom of (amdt.
1).................. 1721
Religion, laws regarding (amdt. 1) 1721
Quorum (art. 1, Sec. 5, cl. 1)............ 1711.16
Senate. See as main entry.
Sessions (art. 1, Sec. 4, cl. 2).......... 1711.15
(amdt. 20, Sec. 2).............1740.2
Vice President, confirmation (amdt. 25,
Sec. 2)............................... 1745.2
Votes (art. 1, Sec. 5, cl. 3)............. 1711.18
(art. 1, Sec. 7, cl. 2)........1711.23
Connecticut (art. 1, Sec. 2, cl. 3)............... 1711.4
Consuls. See Ambassadors.
Contract impairment (art. 1, Sec. 10, cl. 1)...... 1711.51
Conventions, State:
Proposing amendments (art. 5)............. 1715
Ratification of Constitution (art. 7)..... 1717
Copyrights (art. 1, Sec. 8, cl. 8)................ 1711.32
Counsel, accused (amdt. 6)........................ 1726
Counterfeiting (art. 1, Sec. 8, cl. 6)............ 1711.30
Courts:
Appointment, judges (art. 2, Sec. 2, cl.
2).................................... 1712.10
Creation (art. 1, Sec. 8, cl. 9).......... 1711.33
Establishment (art. 3, Sec. 1)............ 1713.1
Inferior courts. See as main
entry.
Judges. See as main entry.
Judicial power (art. 3, Sec. 1)........... 1713.1
Supreme Court. See as main entry.
Crimes and offenses:
Conviction of certain, removal (art. 2,
Sec. 4)............................... 1712.13
Extradition (art. 4, Sec. 2, cl. 2)....... 1713.3
Felonies on high seas (art. 1, Sec. 8, cl.
10)................................... 1711.34
Laws of nations (art. 1, Sec. 8, cl. 10).. 1711.34
Pardons (art. 2, Sec. 2, cl. 1)........... 1712.9
Piracy (art. 1, Sec. 8, cl. 10)........... 1711.34
Treason. See as main entry.
Cruel and unusual punishments (amdt. 8)........... 1728
D
Debts:
Confederate states (amdt. 14, Sec. 4)..... 1734.4
Contracted before adoption of Constitution
(art. 6, Sec. 1)...................... 1716.1
Payment (art. 1, Sec. 8, cl. 1)........... 1711.25
Pensions (amdt. 14, Sec. 4)............... 1734.4
Defense (art. 1, Sec. 8, cl. 1)................... 1711.25
Delaware (art. 1, Sec. 2, cl. 3).................. 1711.4
Direct taxes, apportionment (art. 1, Sec. 2, cl.
3)............................................ 1711.4
(art. 1, Sec. 9, cl. 4)........1711.46
Discoveries (art. 1, Sec. 8, cl. 8)............... 1711.32
Disorderly behavior, punishment (art. 1, Sec. 5,
cl. 2)........................................ 1711.17
Disqualification:
Impeachment (art. 1, Sec. 3, cl. 7)....... 1711.13
Officers of the United States in rebellion
(amdt. 14, Sec. 3).................... 1734.3
Members of House of Representatives and
Senate (art. 1, Sec. 6, cl. 2)........ 1711.21
District of Columbia (art. 1, Sec. 8, cl. 17)..... 1711.41
Exclusive legislation, Congress (art. 1,
Sec. 8, cl. 17)....................... 1711.41
Presidential and Vice Presidential
electors (amdt. 23)................... 1743
Dock yards (art. 1, Sec. 8, cl. 17)............... 1711.41
Domestic tranquility (preamble)................... 1710.1
Double jeopardy (amdt. 5)......................... 1725
Due process (amdt. 5)............................. 1725
(amdt. 14, Sec. 1).............1734.3
Duties:
Congress (art. 1, Sec. 8, cl. 1).......... 1711.25
Exportations from States (art. 1, Sec. 9,
cl. 5)................................ 1711.47
State imports or exports (art. 1, Sec. 10,
cl. 2)................................ 1711.52
State traffic (art. 1, Sec. 9, cl. 1)..... 1711.43
Tonnage (art. 1, Sec. 10, cl. 3).......... 1711.53
Uniformity required (art. 1, Sec. 8, cl.
1).................................... 1711.25
Vessels (art. 1, Sec. 9, cl. 6)........... 1711.48
E
Eighteen-year-olds, right to vote (amdt. 26)...... 1746
Eighteenth Amendment, repeal (amdt. 21, Sec. 1)... 1741
Elections:
Congress (art. 1, Sec. 4, cl. 1).......... 1711.14
Day (art. 2, Sec. 1, cl. 3)............... 1712.4
Each House to judge (art. 1, Sec. 5, cl.
1).................................... 1711.16
President and Vice President (art. 2,
Sec. 1)............................... 1712.1
(amdt. 12).....................1732
Representatives (art. 1, Sec. 4, cl. 1)... 1711.14
Senators (art. 1, Sec. 4, cl. 1).......... 1711.14
(amdt. 17).....................1737
Electors:
Congress:
Representatives (art. 1, Sec. 2,
cl. 1)........................ 1711.2
Senators (amdt. 17)............... 1737
District of Columbia (amdt. 23)........... 1743
Eighteen-year-olds (amdt. 26)............. 1746
Poll tax (amdt. 24)....................... 1744
Race (amdt. 15)........................... 1735
Sex (amdt. 19)............................ 1739
Emoluments, acceptance:
Office holder (art. 1, Sec. 9, cl. 8)..... 1711.5
President (art. 2, Sec. 1, cl. 6)......... 1712.7
Enemies:
Adhering to (art. 3, Sec. 3, cl. 1)....... 1713.5
Aid and comfort (amdt. 14, Sec. 3)........ 1734.3
Enumeration:
Direct taxes (art. 1, Sec. 9, cl. 4)...... 1711.46
Indians, not taxed (art. 1, Sec. 2, cl. 3) 1711.4
(amdt. 14, Sec. 2).............1734.2
Inhabitants (art. 1, Sec. 2, cl. 3)....... 1711.4
Of rights not to deny others (amdt. 9).... 1729
Ratio of representation (art. 1, Sec. 2,
cl. 3)................................ 1711.4
Equal protection of the laws (amdt. 14, Sec. 1)... 1734.1
Equal suffrage, Senate (art. 5)................... 1715
Equity, judicial powers (art. 3, Sec. 2, cl. 1)... 1713.2
(amdt. 11).....................1731
Excises (art. 1, Sec. 8, cl. 1)................... 1711.25
Exclusive legislation (art. 1, Sec. 8, cl. 17).... 1711.41
Executive departments:
Appointments (art. 2, Sec. 2, cl. 2)...... 1712.10
Officers:
Oath (art. 6, cl. 3).............. 1716.3
Written opinions (art. 2, Sec. 2,
cl. 1)........................ 1712.9
Executive of State (art. 4, Sec. 4)............... 1714.7
Executive power (art. 2, Sec. 1, cl. 1)........... 1712.1
Expenditures (art. 1, Sec. 9, cl. 6).............. 1711.48
Exports:
State duties (art. 1, Sec. 10, cl. 2)..... 1711.52
Tax or duty (art. 1, Sec. 9, cl. 5)....... 1711.47
Ex post facto laws:
Congress (art. 1, Sec. 9, cl. 3).......... 1711.45
States (art. 1, Sec. 10, cl. 1)........... 1711.51
Extradition (art. 4, Sec. 2, cl. 2)............... 1714.3
Extraordinary occasions, convening Congress (art.
2, Sec. 3).................................... 1712.12
F
Fact and law, Supreme Court (art. 3, Sec. 2, cl.
2)............................................ 1713.3
Felonies:
Extradition (art. 4, Sec. 2, cl. 2)....... 1714.3
Members of Congress (art. 1, Sec. 6, cl.
1).................................... 1711.20
On high seas (art. 1, Sec. 8, cl. 10)..... 1711.34
Fines (amdt. 8)................................... 1728
Foreign states or nations:
Coin, value (art. 1, Sec. 8, cl. 5)....... 1711.29
Commerce (art. 1, Sec. 8, cl. 3).......... 1711.27
Judicial power (art. 3, Sec. 2, cl. 1).... 1713.2
(amdt. 11).....................1731
States (art. 1, Sec. 10, cl. 3)........... 1711.53
Forfeitures (art. 3, Sec. 3, cl. 2)............... 1713.6
Form of government (art. 4, Sec. 4)............... 1714.7
Formation of new States (art. 4, Sec. 3, cl. 1)... 1714.5
Former jeopardy (amdt. 5)......................... 1725
Forts (art. 1, Sec. 8, cl. 17).................... 1711.41
Fugitives from justice (art. 4, Sec. 2, cl. 2).... 1714.3
Full faith and credit clause (art. 4, Sec. 1)..... 1714.1
G
General welfare (preamble)........................ 1710.1
(art. 1, Sec. 8, cl. 1)........1711.25
Georgia (art. 1, Sec. 2, cl. 3)................... 1711.4
Good behavior, judges (art. 1, Sec. 3, cl. 1)..... 1711.7
Grand jury (amdt. 5).............................. 1725
H
Habeas corpus (art. 1, Sec. 9, cl. 2)............. 1711.44
Heads of departments (art. 2, Sec. 2, cl. 1)...... 1712.9
High crimes and misdemeanors (art. 2, Sec. 4)..... 1712.13
High seas (art. 1, Sec. 8, cl. 10)................ 1711.34
House of Representatives:
Adjournment:
Less than quorum (art. 1, Sec. 5,
cl. 1)........................ 1711.16
Limitations (art. 1, Sec. 5, cl.
4)............................ 1711.19
Composition (art. 1, Sec. 2, cl. 1)....... 1711.3
Congress (art. 1, Sec. 2, cl. 1).......... 1711.2
Impeachment (art. 1, Sec. 2, cl. 5)....... 1711.6
Journal:
Entries (art. 1, Sec. 7, cl. 2)... 1711.23
Required (art. 1, Sec. 5, cl. 3).. 1711.18
Legislative power (art. 1, Sec. 1)........ 1711.1
Members:
Apportionment (art. 1, Sec. 2, cl.
3)............................ 1711.4
(amdt. 14, Sec. 2).............1734.2
Attendance (art. 1, Sec. 5, cl. 1) 1711.16
Disciplining (art. 1, Sec. 5, cl.
2)............................ 1711.17
Disqualifications, removal (amdt.
14, Sec. 3)................... 1734.3
Election (art. 1, Sec. 2, cl. 1).. 1711.2
Judge of (art. 1, Sec. 5,
cl. 1).............. 1711.16
Regulations (art. 1,
Sec. 4, cl. 1)...... 1711.14
Qualifications of electors
(art. 1, Sec. 2, cl.
1).................. 1711.2
Time, place, and manner
(art. 1, Sec. 4, cl.
1).................. 1711.14
Eligibility for other offices
(art. 1, Sec. 6, cl. 2)....... 1711.21
Expulsion (art. 1, Sec. 5, cl. 2). 1711.17
Holding other office (art. 1,
Sec. 6, cl. 2)................ 1711.21
Immunity, speech or debate (art.
1, Sec. 6, cl. 1)............. 1711.20
Names, entry on journal (art. 1,
Sec. 5, cl. 3)................ 1711.18
Number (art. 1, Sec. 2, cl. 3).... 1711.4
Oath (art. 6, cl. 3).............. 1716.3
Presidential electors, as (art. 2,
Sec. 1, cl. 2)................ 1712.2
Privilege from arrest (art. 1,
Sec. 6, cl. 1)................ 1711.20
Qualifications (art. 1, Sec. 2,
cl. 2)........................ 1711.3
(art. 1, Sec. 6, cl. 2)........1711.21
(amdt. 14, Sec. 3).............1734.3
Salaries (art. 1, Sec. 6, cl. 1).. 1711.20
(amdt. 27).....................1747
Vacancies (art. 1, Sec. 2, cl. 4). 1711.5
Officers (art. 1, Sec. 2, cl. 5).......... 1711.6
Powers:
Impeachment (art. 1, Sec. 2, cl.
5)............................ 1711.6
Judge of elections, returns (art.
1, Sec. 5, cl. 1)............. 1711.16
Members:
Disciplining (art. 1,
Sec. 5, cl. 2)...... 1711.17
Qualifications (art. 1,
Sec. 5, cl. 1)...... 1711.16
President, election (art. 2, Sec. 1)...... 1712.1
(amdt. 12).....................1732
Quorum:
Majority to constitute (art. 1,
Sec. 5, cl. 1)................ 1711.16
Selecting President (art. 2,
Sec. 1)....................... 1712.1
(amdt. 12).....................1732
Revenue bills (art. 1, Sec. 7, cl. 1)..... 1711.22
Rules (art. 1, Sec. 5, cl. 2)............. 1711.17
Speaker:
Disability of President (amdt. 25) 1745
Selection (art. 1, Sec. 2, cl. 5). 1711.6
Veto, consideration of (art. 1, Sec. 7,
cl. 2)................................ 1711.23
Votes (art. 1, Sec. 5, cl. 3)............. 1711.18
(art. 1, Sec. 7, cl. 2)........1711.23
Houses, secure in (amdt. 4)....................... 1724
I
Immunities:
Abridgement, by States (amdt. 14, Sec. 1). 1734.1
Citizens (art. 4, Sec. 2, cl. 1).......... 1714.2
Impeachment:
Chief Justice (art. 1, Sec. 3, cl. 6)..... 1711.12
Grounds (art. 2, Sec. 4).................. 1712.13
House of Representatives (art. 1, Sec. 2,
cl. 5)................................ 1711.6
Judgment, extent and effect (art. 1,
Sec. 3, cl. 7)........................ 1711.13
Jury trial, not required (art. 3, Sec. 2,
cl. 3)................................ 1713.4
Persons subject to (art. 2, Sec. 4)....... 1712.13
Senate trial (art. 1, Sec. 3, cl. 6)...... 1711.12
Two-thirds vote (art. 1, Sec. 3, cl. 6)... 1711.12
Imports:
Duties:
Congress (art. 1, Sec. 8, cl. 1).. 1711.25
States (art. 1, Sec. 10, cl. 2)... 1711.52
Slaves (art. 1, Sec. 9, cl. 2)............ 1711.42
Imposts:
Congress (art. 1, Sec. 8, cl. 1).......... 1711.25
States (art. 1, Sec. 10, cl. 2)........... 1711.52
Inability. See President.
Incidental powers of Congress (art. 1, Sec. 8, cl.
18)........................................... 1711.42
Income tax (amdt. 16)............................. 1736
Incrimination, self, prohibited (amdt. 5)......... 1725
Indian tribes, commerce (art. 1, Sec. 8, cl. 3)... 1711.27
Indians (art. 1, Sec. 2, cl. 3)................... 1711.4
Indictment, information, and complaints:
Impeachment (art. 1, Sec. 3, cl. 7)....... 1711.13
Necessity (amdt. 5)....................... 1725
Infamous crimes (amdt. 5)......................... 1725
Inferior courts:
Congress to establish (art. 1, Sec. 8, cl.
9).................................... 1711.33
(art. 3, Sec. 1)...............1713.1
Judicial power (art. 3, Sec. 1)........... 1713.1
Inhabitant of State, qualification:
Representative (art. 1, Sec. 2, cl. 2).... 1711.3
Senator (art. 1, Sec. 3, cl. 3)........... 1711.9
Insurrections:
Congress, calling militia (art. 1, Sec. 8,
cl. 15)............................... 1711.39
Debts (amdt. 14, Sec. 4).................. 1734.4
Participation in (amdt. 14, Sec. 3)....... 1734.3
Interstate and foreign commerce (art. 1, Sec. 8,
cl. 3)........................................ 1711.27
Intoxicating liquors:
Importation into certain States (amdt. 21,
Sec. 3)............................... 1741.3
Repeal of Eighteenth Amendment (amdt. 21,
Sec. 1)............................... 1741.1
Transportation (amdt. 21, Sec. 2)......... 1741.2
Invasions:
Congress, calling militia (art. 1, Sec. 8,
cl. 15)............................... 1711.39
Habeas corpus (art. 1, Sec. 9, cl. 2)..... 1711.44
State:
Protection (art. 4, Sec. 4)....... 1714.7
Right of (art. 1, Sec. 10, cl. 3). 1711.53
Inventors, discoveries (art. 1, Sec. 8, cl. 8).... 1711.32
Involuntary servitude, prohibited (amdt. 13,
Sec. 1)....................................... 1733.1
J
Jeopardy, same offense (amdt. 5).................. 1725
Judges:
Appointment (art. 2, Sec. 2, cl. 2)....... 1712.10
Compensation (art. 3, Sec. 1)............. 1713.1
Oath (art. 6, cl. 3)...................... 1716.3
State, duty (art. 6, cl. 2)............... 1716.2
Supreme Court (art. 2, Sec. 2, cl. 2)..... 1712.10
Term (art. 3, Sec. 1)..................... 1713.1
Judgment, impeachment (art. 1, Sec. 3, cl. 7)..... 1711.13
Judicial officers, State and Federal, oath (art.
6, cl. 3)..................................... 1716.3
Judicial power:
Jurisdiction, Supreme Court:
Appellate (art. 3, Sec. 2, cl. 2). 1713.3
Original (art. 3, Sec. 2, cl. 2).. 1713.3
Scope (art. 3, Sec. 2, cls. 1, 2)......... 1713.2-3
(amdt. 11).....................1731
Vesting, Supreme Court and inferior courts
(art. 3, Sec. 1)...................... 1713.1
Judicial proceedings, State (art. 4, Sec. 1)...... 1714.1
Jury:
Action of (amdt. 5)....................... 1725
Criminal cases (art. 3, Sec. 2, cl. 3).... 1713.4
(amdt. 6)......................1726
Trial by, right (art. 3, Sec. 2, cl. 3)... 1713.4
(amdt. 6)......................1726
(amdt. 7)......................1727
Just compensation, for property (amdt. 5)......... 1725
Justice (preamble)................................ 1710.1
Fugitives (art. 4, Sec. 2, cl. 2)......... 1714.3
K
Keeping and bearing arms, right (amdt. 2)......... 1722
King, gifts, etc., from (art. 1, Sec. 9, cl. 8)... 1711.50
L
Labor, due (art. 4, Sec. 2, cl. 3)................ 1714.4
Land and naval forces (art. 1, Sec. 8, cl. 14).... 1711.38
Lands, claims (art. 3, Sec. 2, cl. 1)............. 1713.2
Law of the land:
Constitution, law and treaties (art. 6,
cl. 2)................................ 1716.2
State judges (art. 6, cl. 2).............. 1716.2
Laws of the United States:
Execution (art. 2, Sec. 3)................ 1712.12
Judicial power (art. 3, Sec. 2, cl. 1).... 1713.2
Supremacy (art. 6, cl. 2)................. 1716.2
Legal tender, States (art. 1, Sec. 10, cl. 1)..... 1711.51
Legislation, Congress:
Exclusive (art. 1, Sec. 8, cl. 17)........ 1711.31
Necessary and proper (art. 1, Sec. 8, cl.
18)................................... 1711.42
Legislative powers (art. 1, Sec. 1)............... 1711.1
Letters of marque and reprisal:
Congress (art. 1, Sec. 8, cl. 11)......... 1711.35
States (art. 1, Sec. 10, cl. 1)........... 1711.51
Life, liberty, and property:
Due process (amdt. 5)..................... 1725
State limitation (amdt. 14, Sec. 1)....... 1734.1
M
Magazines (art. 1, Sec. 8, cl. 17)................ 1711.41
Majority:
Presidential elections (amdt. 12)......... 1732
Quorum of each House (art. 1, Sec. 5, cl.
1).................................... 1711.16
Maritime jurisdiction (art. 3, Sec. 2, cl. 1)..... 1713.2
Marque and reprisal. See Letters of.
Massachusetts (art. 1, Sec. 2, cl. 3)............. 1711.4
Measures. See Weights.
Meeting of Congress (art. 1, Sec. 4, cl. 2)....... 1711.15
(amdt. 20, Sec. 2).............1740.2
Militia:
Congress (art. 1, Sec. 8, cls. 15, 16).... 1711.39-
40
Indictment (amdt. 5)...................... 1725
President (art. 2, Sec. 2, cl. 1)......... 1712.9
Right to maintain (amdt. 2)............... 1722
State (art. 1, Sec. 8, cl. 16)............ 1711.43
Ministers. See Ambassadors.
Misdemeanors, civil officers (art. 2, Sec. 4)..... 1712.13
Money:
Appropriation (art. 1, Sec. 9, cl. 7)..... 1711.49
Army (art. 1, Sec. 8, cl. 12)............. 1711.36
Borrowing (art. 1, Sec. 8, cl. 2)......... 1711.26
Coining and regulating (art. 1, Sec. 8,
cl. 5)................................ 1711.29
Foreign (art. 1, Sec. 8, cl. 5)........... 1711.29
Receipts and expenditures (art. 1, Sec. 9,
cl. 7)................................ 1711.49
N
Natural born citizen, President (art. 2, Sec. 1,
cl. 4)........................................ 1712.5
Naturalization:
Citizenship (amdt. 14, Sec. 1)............ 1734.1
Congress (art. 1, Sec. 8, cl. 4).......... 1711.28
Navy:
Commander-in-Chief (art. 2, Sec. 2, cl. 1) 1712.9
Congress (art. 1, Sec. 8, cl. 13)......... 1711.37
Indictments (amdt. 5)..................... 1725
Regulation (art. 1, Sec. 8, cl. 14)....... 1711.38
New Hampshire (art. 1, Sec. 2, cl. 3)............. 1711.4
New Jersey (art. 1, Sec. 2, cl. 3)................ 1711.4
New York (art. 1, Sec. 2, cl. 3).................. 1711.4
New States, admission (art. 4, Sec. 3, cl. 1)..... 1714.5
Nobility, title of:
Granting prohibited:
States (art. 1, Sec. 10, cl. 1)... 1711.51
United States (art. 1, Sec. 9, cl.
8)............................ 1711.50
Office holder, acceptance (art. 1, Sec. 9,
cl. 8)................................ 1711.50
Nomination:
Officers (art. 2, Sec. 2, cl. 2).......... 1712.10
Recess of Senate (art. 2, Sec. 2, cl. 3).. 1712.11
North Carolina (art. 1, Sec. 2, cl. 3)............ 1711.4
O
Oath:
President (art. 2, Sec. 1, cl. 7)......... 1712.8
Senators, impeachment trials (art. 1,
Sec. 3, cl. 6)........................ 1711.12
Support constitution (art. 6, cl. 3)...... 1716.3
Warrants (amdt. 4)........................ 1724
Obligation of contracts (art. 1, Sec. 10, cl. 1).. 1711.51
Offenses. See Crimes.
Officers:
Accepting presents, etc. (art. 1, Sec. 9,
cl. 8)................................ 1711.50
Appointment (art. 2, Sec. 2, cl. 2)....... 1712.10
Commissions (art. 2, Sec. 3).............. 1712.10
House of Representatives (art. 1, Sec. 2,
cl. 5)................................ 1711.6
Impeachment, grounds (art. 2, Sec. 4)..... 1712.13
Oath (art. 6, cl. 3)...................... 1716.3
Qualifications (amdt. 14, Sec. 3)......... 1734.3
Religious test (art. 6, cl. 3)............ 1716.3
Senate (art. 1, Sec. 3, cl. 5)............ 1711.11
Offices, vacancy (art. 2, Sec. 2, cl. 3).......... 1712.11
Opinions of department heads (art. 2, Sec. 2, cl.
1)............................................ 1712.9
Original jurisdiction, Supreme Court (art. 3,
Sec. 2, cl. 2)................................ 1713.3
P
Papers, search (amdt. 4).......................... 1724
Pardons, reprieves (art. 2, Sec. 2, cl. 1)........ 1712.9
Patents (art. 1, Sec. 8, cl. 8)................... 1711.32
Pay. See Compensation.
Peace:
Breach of (art. 1, Sec. 6, cl. 1)......... 1711.20
Time of:
Quartering soldiers (amdt. 3)..... 1723
States (art. 1, Sec. 10, cl. 3)... 1711.53
Penalties, Congress, Members (art. 1, Sec. 5, cl.
1)............................................ 1711.16
Pennsylvania (art. 1, Sec. 2, cl. 3).............. 1711.4
People:
Assembly, right of (amdt. 1).............. 1721
Enumeration of rights (amdt. 9)........... 1729
Reservation of powers (amdt. 10).......... 1730
Right to keep and bear arms (amdt. 2)..... 1722
Searches and seizures (amdt. 4)........... 1724
Petition, right of (amdt. 1)...................... 1721
Piracy (art. 1, Sec. 8, cl. 10)................... 1711.34
Poll tax (amdt. 24)............................... 1744.1
Ports (art. 1, Sec. 9, cl. 6)..................... 1711.48
Post office and post roads (art. 1, Sec. 8, cl. 7) 1711.31
Posterity (preamble).............................. 1710.1
Presentments, grand jury (amdt. 5)................ 1725
Presents, acceptance (art. 1, Sec. 9, cl. 8)...... 1711.50
President:
Acting:
Congress may designate (art. 2,
Sec. 1, cl. 5)................ 1712.6
Failure of President-elect to
qualify (amdt. 20, Sec. 3).... 1740.3
Vice President as (amdt. 25,
Sec. 3)....................... 1745.3
(amdt. 25, Sec. 4).............1745.4
Appointments (art. 2, Sec. 2, cl. 2)...... 1712.10
Ambassadors (art. 2, Sec. 2, cl.
2)............................ 1712.10
Consuls (art. 2, Sec. 2, cl. 2)... 1712.10
Ministers (art. 2, Sec. 2, cl. 2). 1712.10
Officers of the U.S. (art. 2,
Sec. 2, cls. 2, 3)............ 1712.10-
11
Recess (art. 2, Sec. 2, cl. 3).... 1712.11
Supreme Court Justices (art. 2,
Sec. 2, cl. 2)................ 1712.10
Vesting, Congress (art. 2, Sec. 2,
cl. 2)........................ 1712.10
Bills (art. 1, Sec. 7, cls. 2, 3)......... 1711.23-
24
Commander-in-Chief (art. 2, Sec. 2, cl. 1) 1712.9
Congress:
Adjournment (art. 2, Sec. 3)...... 1712.12
Extra sessions (art. 2, Sec. 3)... 1712.12
Information and recommendations
(art. 2, Sec. 3).............. 1712.12
Succession:
Death (amdt. 20, Sec. 4).. 1740.4
Declaration of inability
(amdt. 25, Sec. 3).. 1745.3
Inability (art. 2, Sec. 1,
cl. 5).............. 1712.6
Department heads, opinions (art. 2,
Sec. 2, cl. 1)........................ 1712.9
Disability (amdt. 25)..................... 1745
Acting President (amdt. 25)....... 1745
Congress, declaration of inability
(amdt. 25, Sec. 4)............ 1745.4
Declaration of inability (amdt.
25, Sec. 3)................... 1745.3
(amdt. 25, Sec. 4).............1745.4
Vice President, duties (amdt. 25,
Sec. 3)....................... 1745.3
Election:
Denial of right to vote for (amdt.
14, Sec. 2)................... 1734.2
Electors:
Appointment (art. 2,
Sec. 1, cls. 2, 3).. 1712.10-
11
Proscription (amdt. 12)... 1732
Poll tax, qualification
(amdt. 24).......... 1744.1
Method, prescribed (art. 2,
Sec. 1, cls. 2, 3)............ 1712.10-
11
(amdt. 12).....................1732
Emoluments (art. 2, Sec. 1, cl. 6)........ 1712.7
Execution of laws (art. 2, Sec. 3)........ 1712.12
Executive power (art. 2, Sec. 1, cl. 1)... 1712.1
Impeachment:
Chief Justice presides at trial
(art. 1, Sec. 3, cl. 6)....... 1711.12
Grounds (art. 2, Sec. 4).......... 1712.13
Inferior officers, appointment (art. 2,
Sec. 2, cl. 2)........................ 1712.10
Information and recommendations (art. 2,
Sec. 3)............................... 1712.12
Laws, execution (art. 2, Sec. 3).......... 1712.12
Ministers:
Appointment (art. 2, Sec. 2, cl.
2)............................ 1712.10
Reception (art. 2, Sec. 3)........ 1712.12
Oath (art. 2, Sec. 1, cl. 7).............. 1712.8
Officers of U.S.:
Commissioning (art. 2, Sec. 3).... 1712.12
Inferior, appointment (art. 2,
Sec. 2, cl. 2)................ 1712.10
Pardoning power (art. 2, Sec. 2, cl. 1)... 1712.9
Qualifications (art. 2, Sec. 1, cl. 4).... 1712.5
Removal from office:
Successor (amdt. 25, Sec. 1)...... 1745.1
Vice President to discharge duties
(art. 2, Sec. 1, cl. 5)....... 1712.6
Resignation, successor (amdt. 25, Sec. 1). 1745.1
Salary (art. 2, Sec. 1, cl. 6)............ 1712.7
Succession:
Death of President-elect (amdt.
20, Sec. 3)................... 1740.3
Duties (amdt. 25)................. 1745
Term (art. 2, Sec. 1, cl. 1).............. 1712.1
(amdt. 20, Sec. 1).............1740.1
Treaties (art. 2, Sec. 2, cl. 2).......... 1712.10
Vacancies, temporary appointments (art. 2,
Sec. 2, cl. 1)........................ 1712.9
Vacancies in office, successor (amdt. 25). 1745
Vacancy in office of Vice
President:
Nomination of successor (amdt. 25,
Sec. 2)....................... 1745.2
Veto (art. 1, Sec. 7, cl. 2).............. 1711.23
President of Senate (art. 1, Sec. 3, cl. 4)....... 1711.10
President pro tempore of Senate (art. 1, Sec. 3,
cl. 5)........................................ 1711.11
Presidential electors:
Ballot (amdt. 12)......................... 1732
Certificate (amdt. 12).................... 1732
Day of vote (art. 2, Sec. 1, cl. 3)....... 1712.4
Disqualifications:
Engaging in rebellion (amdt. 14,
Sec. 3)....................... 1734.3
Officers of the U.S. (art. 2,
Sec. 1, cl. 2)................ 1712.3
Representatives (art. 2, Sec. 1,
cl. 2)........................ 1712.3
Senators (art. 2, Sec. 1, cl. 2).. 1712.3
District of Columbia (amdt. 23)........... 1743
Meeting (amdt. 12)........................ 1732
Number (art. 2, Sec. 1, cl. 2)............ 1712.3
Vote:
Restrictions (amdt. 12)........... 1732
Time (art. 2, Sec. 1, cl. 3)...... 1712.3
Press, freedom of (amdt. 1)....................... 1721
Primary election, poll tax (amdt. 24)............. 1744
Private property, taking (amdt. 5)................ 1725
Privileges and immunities:
Abridgment (amdt. 14, Sec. 1)............. 1734.1
Citizens (art. 4, Sec. 2, cl. 1).......... 1714.2
Congress, Members (art. 1, Sec. 6, cl. 1). 1711.20
Double jeopardy (amdt. 5)................. 1725
Prize, rules (art. 1, Sec. 8, cl. 11)............. 1711.35
Probable cause, warrants (amdt. 4)................ 1724
Progress, promote (art. 1, Sec. cl. 8)............ 1711.32
Prohibited powers, reserved (amdt. 10)............ 1730
Promote general welfare (preamble)................ 1710.1
Property, deprivation (amdt. 14, Sec. 1).......... 1734.1
Property of U.S. (art. 4, Sec. 3, cl. 2).......... 1714.6
Prosecutions:
Accused, rights of (amdt. 6).............. 1726
Jury trial, right to (art. 3, Sec. 2, cls.
2, 3)................................. 1713.3-4
(amdt. 6)......................1726
Place of trial (art. 3, Sec. 2, cl. 3).... 1713.4
Presentment of grand jury (amdt. 5)....... 1725
Process, obtaining witnesses (amdt. 6).... 1726
Punishment:
Cruel and unusual, prohibited
(amdt. 8)..................... 1728
Felonies on high seas (art. 1,
Sec. 8, cl. 10)............... 1711.34
Impeachment (art. 1, Sec. 3, cl.
7)............................ 1711.13
Laws of nations (art. 1, Sec. 8,
cl. 10)....................... 1711.34
Piracy (art. 1, Sec. 8, cl. 10)... 1711.34
Treason (art. 3, Sec. 3, cl. 2)... 1713.6
Self-incrimination, restriction (amdt. 5). 1725
Trial:
Jury (art. 3, Sec. 2, cls. 2, 3).. 1713.3-4
(amdt. 6)......................1726
Place (art. 3, Sec. 2, cl. 3)..... 1713.4
Public (amdt. 6).................. 1726
Speedy (amdt. 6).................. 1726
Venue (art. 3, Sec. 2, cl. 3)............. 1713.4
(amdt. 6)......................1726
Witnesses (amdt. 6)....................... 1726
Public acts, state, full faith and credit (art. 4,
Sec. 1)....................................... 1714.1
Public danger (art. 1, Sec. 10, cl. 2)............ 1711.52
Public debt (amdt. 14, Sec. 4).................... 1734.4
Public ministers, reception (art. 2, Sec. 3)...... 1712.12
Public money (art. 1, Sec. 9, cl. 7).............. 1711.49
Public records, State (art. 4, Sec. 1)............ 1714.1
Punishment. See Prosecutions.
Q
Qualifications:
Electors:
Poll tax (amdt. 24)............... 1744
Representatives (art. 1, Sec. 2,
cl. 1)........................ 1711.2
Senators (amdt. 17)............... 1737
Members, each House judge (art. 1, Sec. 5,
cl. 1)................................ 1711.16
Office (art. 6, cl. 3).................... 1716.3
President (art. 2, Sec. 1, cl. 4)......... 1712.5
Religious test (art. 6, cl. 3)............ 1716.3
Representative (art. 1, Sec. 2, cl. 2).... 1711.3
Senator (art. 1, Sec. 3, cl. 3)........... 1711.9
Vice President (amdt. 12)................. 1732
Quartering soldiers (amdt. 3)..................... 1723
Quorum:
House, choosing president (art. 2, Sec. 1) 1712.1
(amdt. 12).....................1732
Majority to constitute (art. 1, Sec. 5,
cl. 1)................................ 1711.16
Senate, choosing vice president (art. 2,
Sec. 1)............................... 1712.1
(amdt. 12).....................1732
R
Race (amdt. 15, Sec. 1)........................... 1735.1
Ratification:
Amendments (art. 5)....................... 1715
Constitution (art. 7)..................... 1717
By original States.............1719
Ratio, representation (art. 1, Sec. 2, cl. 3)..... 1711.14
(amdt. 14, Sec. 2)........................ 1734.2
Rebellion:
Debts (amdt. 14, Sec. 4).................. 1734.4
Habeas corpus (art. 1, Sec. 9, cl. 2)..... 1711.44
Participation (amdt. 14, Sec. 3).......... 1734.3
Receipts and expenditures, publication (art. 1,
Sec. 9, cl. 7)................................ 1711.49
Recess of Senate, appointments (art. 2, Sec. 2,
cl. 3)........................................ 1712.11
Reconsideration of bills (art. 1, Sec. 7, cl. 2).. 1711.23
Records, State, manner of proving (art. 4, Sec. 1) 1714.1
Redress of grievances (amdt. 1)................... 1721
Regulating commerce, Congress (art. 1, Sec. 8, cl.
3)............................................ 1711.27
Regulations:
Elections, congressional (art. 1, Sec. 4,
cl. 1)................................ 1711.14
Land and naval forces (art. 1, Sec. 8, cl.
14)................................... 1711.38
Port preference (art. 1, Sec. 9, cl. 6)... 1711.48
Religion, establishment, free exercise (amdt. 1).. 1721
Religious test (art. 6, cl. 3).................... 1716.3
Removal:
Impeachment (art. 1, Sec. 3, cl. 7)....... 1711.13
President (art. 2, Sec. 1, cl. 5)......... 1712.6
Representation:
Apportionment (art. 1, Sec. 2, cl. 3)..... 1711.4
(amdt. 14, Sec. 2).............1734.2
Ratio (art. 1, Sec. 2, cl. 3)............. 1711.4
Senate, equal suffrage (art. 5)........... 1715
Vacancies (art. 1, Sec. 2, cl. 4)......... 1711.5
Representatives. See House of Representatives.
Reprieves (art. 2, Sec. 2, cl. 1)................. 1712.9
Reprisal. See Letters of marque.
Republican form of government (art. 4, Sec. 4).... 1714.7
Reserved powers (amdt. 10)........................ 1730
Reserved rights (amdt. 9)......................... 1729
Residence requirements. See Qualifications.
Resignation, President (art. 2, Sec. 1, cl. 5).... 1712.6
Revenue bills (art. 1, Sec. 7, cl. 1)............. 1711.22
Review, after jury trial (amdt. 7)................ 1727
Rhode Island (art. 1, Sec. 2, cl. 3).............. 1711.4
Right of petition (amdt. 1)....................... 1721
Rights reserved (amdt. 10)........................ 1730
Rules:
Each House to determine own (art. 1,
Sec. 5, cl. 2)........................ 1711.17
Land and naval forces (art. 1, Sec. 8, cl.
14)................................... 1711.38
Territory and property of U.S. (art. 4,
Sec. 3, cl. 2)........................ 1714.6
S
Salaries. See Compensation.
Science (art. 1, Sec. 8, cl. 8)................... 1711.32
Searches and seizures (amdt. 4)................... 1724
Senate:
Adjournment:
Limitations (art. 1, Sec. 5, cl.
4)............................ 1711.19
Quorum, less than (art. 1, Sec. 5,
cl. 1)........................ 1711.16
Advice and consent of:
Appointments:
Ambassadors (art. 2,
Sec. 2, cl. 2)...... 1712.10
Consuls (art. 2, Sec. 2,
cl. 2).............. 1712.10
Ministers (art. 2, Sec. 2,
cl. 2).............. 1712.10
Officers of the U.S. (art.
2, Sec. 2, cl. 2)... 1712.10
Supreme Court Justices
(art. 2, Sec. 2, cl.
2).................. 1712.10
Treaties (art. 2, Sec. 2, cl. 2).. 1712.10
Impeachment:
Judgment (art. 1, Sec. 3, cl. 7).. 1711.13
Power to try (art. 1, Sec. 3, cl.
6)............................ 1711.12
Journal:
Entries (art. 1, Sec. 7, cl. 2)... 1711.23
Required (art. 1, Sec. 5, cl. 3).. 1711.18
Legislative power (art. 1, Sec. 1)........ 1711.1
Members:
Choosing Senators (art 1, Sec. 3,
cl. 1)........................ 1711.7
(amdt. 17).....................1737
Classes (art. 1, Sec. 3, cl. 2)... 1711.8
Compelling attendance (art. 1,
Sec. 5, cl. 1)................ 1711.16
Disorderly behavior, punishment
(art. 1, Sec. 5, cl. 2)....... 1711.17
Election:
Electors, qualifications
(amdt. 17).......... 1737
(amdt. 24).............. 1744
Judge of, returns (art. 1,
Sec. 5, cl. 1)...... 1711.16
Time, place, and manner
(art. 1, Sec. 3, cl.
1).................. 1711.7
(art. 1, Sec. 4, cl. 1). 1711.14
(amdt. 17).............. 1737
Eligibility for other offices
(art. 1, Sec. 6, cl. 2)....... 1711.21
Expulsion (art. 1, Sec. 5, cl. 2). 1711.17
Immunity:
Arrest (art. 1, Sec. 6,
cl. 1).............. 1711.20
Speech and debate (art. 1,
Sec. 6, cl. 1)...... 1711.20
Oath (art. 6, cl. 3).............. 1716.3
Presidential electors, as (art. 2,
Sec. 1, cl. 2)................ 1712.2
Privilege from arrest (art. 1,
Sec. 6, cl. 1)................ 1711.20
Qualifications (art. 1, Sec. 3,
cl. 3)........................ 1711.9
(art. 1, Sec. 6, cl. 2)........1711.21
(amdt. 14, Sec. 3).............1734.3
Salaries (art. 1, Sec. 6, cl. 1).. 1711.20
(amdt. 27).....................1747
Term (art. 1, Sec. 3, cl. 1)...... 1711.7
(amdt. 17).....................1737
Vacancies (art. 1, Sec. 3, cl. 2). 1711.8
(amdt. 17).....................1737
Votes (amdt. 17).................. 1737
Officers, choice (art. 1, Sec. 3, cl. 5).. 1711.11
Powers:
Disciplining Members (art. 1,
Sec. 5, cl. 2)................ 1711.17
Impeachment trials (art. 1,
Sec. 3, cl. 6)................ 1711.12
Judge of elections, returns and
qualifications of Members
(art. 1, Sec. 5, cl. 1)....... 1711.16
President pro tempore:
Choice (art. 1, Sec. 3, cl. 5).... 1711.11
Disability of President, duties
(amdt. 25).................... 1745
President to convene on extraordinary
occasions (art. 2, Sec. 3)............ 1712.12
Quorum:
Choosing vice president (art. 2,
Sec. 1)....................... 1712.1
(amdt. 12).....................1732
Majority to constitute (art. 1,
Sec. 5, cl. 1)................ 1711.16
Recess, temporary appointments (art. 2,
Sec. 2, cl. 3)........................ 1712.11
Revenue bills, amendments by (art. 1,
Sec. 7, cl. 1)........................ 1711.22
Rules, establishment (art. 1, Sec. 5, cl.
2).................................... 1711.17
States, equal suffrage in (art. 5)........ 1715
Treaties, consent (art, 2, Sec. 2, cl. 2). 1712.10
Vice President:
Election (art. 2, Sec. 1)......... 1712.1
(amdt. 12).....................1732
President of Senate (art. 1,
Sec. 3, cl. 4)................ 1711.10
Vote (art. 1, Sec. 3, cl. 4)...... 1711.10
Votes:
Each Senator entitled to one (art.
1, Sec. 3, cl. 1)............. 1711.7
(amdt. 17).....................1737
Entry in Journal (art. 1, Sec. 5,
cl. 3)........................ 1711.18
(art. 1, Sec. 7, cl. 2)........1711.23
Vice President, none unless
equally divided (art. 1,
Sec. 3, cl. 4)................ 1711.10
Servitude:
Involuntary, prohibited (amdt. 13, Sec. 1) 1733.1
Right to vote (amdt. 15, Sec. 1).......... 1735.1
Session:
Adjournment during (art. 1, Sec. 5, cl. 4) 1711.19
Congress, every year (art. 1, Sec. 4, cl.
2).................................... 1711.15
Sex, right to vote (amdt. 19)..................... 1739
Ships of war, States (art. 1, Sec. 10, cl. 3)..... 1711.53
Silver coin, payment (art. 1, Sec. 10, cl. 1)..... 1711.51
Slavery prohibited (amdt. 13, Sec. 1)............. 1733.1
Slaves:
Congressional power (art. 1, Sec. 9, cl.
1).................................... 1711.49
Escape, surrender (art. 4, Sec. 2, cl. 3). 1714.4
Payment for, prohibited (amdt. 14, Sec. 4) 1734.4
Soldiers, quartering (amdt. 3).................... 1723
South Carolina (art. 1, Sec. 2, cl. 3)............ 1711.4
Speech:
Freedom of (amdt. 1)...................... 1721
Immunity, Congress, Members (art. 1,
Sec. 6, cl. 1)........................ 1711.20
State of the Union, President (art. 2, Sec. 3).... 1712.12
States:
Acts (art. 4, Sec. 1)..................... 1714.1
Admission (art. 4, Sec. 3, cl. 1)......... 1714.5
Agreements (art. 1, Sec. 10, cl. 3)....... 1711.53
Alliances (art. 1, Sec. 10, cl. 1)........ 1711.51
Bills of attainder (art. 1, Sec. 10, cl.
1).................................... 1711.51
Cases in which party (art. 3, Sec. 2, cl.
2).................................... 1713.3
Citizens (art. 4, Sec. 2, cl. 1).......... 1714.2
Coining money (art. 1, Sec. 10, cl. 1).... 1711.51
Confederations (art. 1, Sec. 10, cl. 1)... 1711.51
Consolidation (art. 4, Sec. 3, cl. 1)..... 1714.1
Contract, impairment (art. 1, Sec. 10, cl.
1).................................... 1711.51
Controversies (art. 3, Sec. 2, cl. 1)..... 1713.2
(amdt. 11).............................. 1731
Domestic violence (art. 4, Sec. 4)........ 1714.7
Due process (amdt. 14, Sec. 1)............ 1734.1
Equal protection (amdt. 14, Sec. 1)....... 1734.1
Executive authority, vacancies, Senate
(amdt. 17)............................ 1737
Exportations (art. 1, Sec. 9, cl. 5)...... 1711.47
Ex post facto law (art. 1, Sec. 10, cl. 1) 1711.51
Formation (art. 4, Sec. 3, cl. 1)......... 1714.5
Import and export duties (art. 1, Sec. 10,
cl. 2)................................ 1711.52
Interstate commerce (art. 1, Sec. 8, cl.
3).................................... 1711.27
Invasion, protection (art. 4, Sec. 4)..... 1714.7
Judicial proceedings (art. 4, Sec. 1)..... 1714.1
Legal tender (art. 1, Sec. 10, cl. 1)..... 1711.51
Legislatures:
Amending constitution (art. 5).... 1715
Invasions, application for
protection (art. 4, Sec. 4)... 1714.7
Members, oath (art. 6, cl. 3)..... 1716.3
Letters of marque and reprisal (art. 1,
Sec. 10, cl. 1)....................... 1711.51
Officers:
Congress, reduced representation
(amdt. 14, Sec. 2)............ 1734.2
Oath (art. 6, cl. 3).............. 1716.3
Qualifications (amdt. 14, Sec. 3). 1734.3
Poll tax (amdt. 24)....................... 1744
Port preferences (art. 1, Sec. 9, cl. 6).. 1711.48
Powers:
Militia (art. 1, Sec. 8, cl. 16).. 1711.40
Reserved to (amdt. 10)............ 1730
Ratification:
Amendments to Constitution (art.
5)............................ 1715
Constitution (art. 7)............. 1717
By original States.............1719
Records (art. 4, Sec. 1).................. 1714.1
Representatives in Congress:
Reduction (amdt. 14, Sec. 2)...... 1734.2
Vacancies (art. 1, Sec. 2, cl. 4). 1711.3
Republican form of government (art. 4,
Sec. 4)............................... 1714.7
Senate, equal suffrage (art. 5)........... 1715
Ships of war (art. 1, Sec. 10, cl. 3)..... 1711.53
Suffrage:
Abridgment (amdt. 15, Sec. 1)..... 1735.1
Eighteen-year-olds (amdt. 26)..... 1746
Poll tax (amdt. 24)............... 1744
Titles of nobility (art. 1, Sec. 10, cl.
1).................................... 1711.51
Tonnage duties (art. 1, Sec. 10, cl. 3)... 1711.53
Treaties (art. 1, Sec. 10, cl. 1)......... 1711.51
Troops (art. 1, Sec. 10, cl. 3)........... 1711.53
Vessels (art. 1, Sec. 9, cl. 6)........... 1711.48
War (art. 1, Sec. 10, cl. 3).............. 1711.53
Succession, Presidential (amdt. 25)............... 1745
Suffrage:
Abridgment (amdt. 15, Sec. 1)............. 1735.1
Eighteen-year-olds (amdt. 26)............. 1746
Poll tax (amdt. 24)....................... 1744
Sex (amdt. 19)............................ 1739
State deprivation (art. 5)................ 1715
Sundays, President, bills (art. 1, Sec. 7, cl. 2). 1711.23
Suppression of insurrection:
Congress (art. 1, Sec. 8, cl. 15)......... 1711.39
Public debt (amdt. 14, Sec. 4)............ 1734.4
Supreme Court:
Chief Justice, impeachment (art. 1,
Sec. 3, cl. 6)........................ 1711.12
Inferior tribunals, Congress (art. 1,
Sec. 8, cl. 9)........................ 1711.33
Judicial power:
Scope (art. 3, Sec. 2, cl. 1)..... 1713.2
Vested in (art. 3, Sec. 1)........ 1713.2
Jurisdiction:
Appellate, Congress (art. 3,
Sec. 2, cl. 2)................ 1713.3
Original (art. 3, Sec. 2, cl. 2).......... 1713.3
Justices:
Appointment (art. 2, Sec. 2, cl.
2)............................ 1712.10
Compensation (art. 3, Sec. 1)..... 1713.1
Good behavior, hold office during
(art. 3, Sec. 1).............. 1713.1
Supreme law of the land:
State judges bound (art. 6, cl. 2)........ 1716.2
What constitutes (art. 6, cl. 2).......... 1716.2
T
Taxes:
Apportionment (art. 1, Sec. 9, cl. 4)..... 1711.46
Congress (art. 1, Sec. 8, cl. 1).......... 1711.25
Direct taxes (art. 1, Sec. 2, cl. 3)...... 1711.2
Income tax (amdt. 16)..................... 1736
Poll tax (amdt. 24)....................... 1744
Slave traffic (art. 1, Sec. 9, cl. 1)..... 1711.43
State:
Duties (art. 1, Sec. 10, cl. 2)... 1711.52
Exportations (art. 1, Sec. 9, cl.
5)............................ 1711.47
Uniformity (art. 1, Sec. 8, cl. 1)........ 1711.25
Term of office:
President (art. 2, Sec. 1, cl. 1)......... 1712.1
Representative in Congress (art. 1,
Sec. 2, cl. 1)........................ 1711.2
Office created during term (art.
1, Sec. 6, cl. 2)............. 1711.21
Senator (art. 1, Sec. 3, cl. 1)........... 1711.7
Office created during term (art.
1, Sec. 6, cl. 2)............. 1711.21
Vice President (art. 2, Sec. 1, cl. 1).... 1712.1
Territories (art. 4, Sec. 3, cl. 2)............... 1714.6
Testimony, treason (art. 3, Sec. 3, cl. 1)........ 1713.5
Tie vote, Senate (art. 1, Sec. 3, cl. 4).......... 1711.10
Title of nobility:
Office holder (art. 1, Sec. 9, cl. 8)..... 1711.50
States (art. 1, Sec. 10, cl. 1)........... 1711.51
United States (art. 1, Sec. 9, cl. 8)..... 1711.50
Tonnage, duty (art. 1, Sec. 10, cl. 3)............ 1711.53
Treason:
Attainder (art. 3, Sec. 3, cl. 2)......... 1713.6
Confession (art. 3, Sec. 3, cl. 1)........ 1713.5
Definition (art. 3, Sec. 3, cl. 1)........ 1713.5
Extradition (art. 4, Sec. 2, cl. 2)....... 1714.3
Impeachment for (art. 2, Sec. 4).......... 1712.13
Proof required (art. 3, Sec. 3, cl. 1).... 1713.5
Punishment (art. 3, Sec. 3, cl. 2)........ 1713.6
Representatives, arrest for (art. 1,
Sec. 6, cl. 1)........................ 1711.20
Senators, arrest for (art. 1, Sec. 6, cl.
1).................................... 1711.20
Treasury:
State duties and imposts (art. 1, Sec. 10,
cl. 2)................................ 1711.52
Withdrawing money from (art. 1, Sec. 9,
cl. 7)................................ 1711.49
Treaties:
Courts, jurisdiction (art. 3, Sec. 2, cl.
1).................................... 1713.2
President (art. 2, Sec. 2, cl. 2)......... 1712.10
Senate, advice and consent (art. 2,
Sec. 2, cl. 2)........................ 1712.10
States (art. 1, Sec. 10, cl. 1)........... 1711.51
Supremacy (art. 6, cl. 2)................. 1716.2
Trial:
Jury (art. 3, Sec. 2, cls. 2, 3).......... 1713.3-4
(amdt. 6)......................1726
Place (art. 3, Sec. 2, cl. 3)............. 1713.4
Public (amdt. 6).......................... 1726
Speedy (amdt. 6).......................... 1726
U
Uniformity:
Bankruptcy (art. 1, Sec. 8, cl. 4)........ 1711.28
Duties (art. 1, Sec. 8, cl. 1)............ 1711.25
Naturalization (art. 1, Sec. 8, cl. 4).... 1711.28
Taxes (art. 1, Sec. 8, cl. 1)............. 1711.25
Unusual punishments (amdt. 8)..................... 1738
V
Venue (amdt. 6)................................... 1726
Vessels (art. 1, Sec. 9, cl. 6)................... 1711.48
Veto (amdt. 1, Sec. 7, cl. 2)..................... 1711.23
Vice President:
Acting President (amdt. 25, Sec. 3)....... 1745.3
(amdt. 25, Sec. 4).............1745.4
Congress, confirmation (amdt. 25, Sec. 2). 1745.2
Discharging duties of President (art. 2,
Sec. 1, cl. 5)........................ 1712.6
District of Columbia, electors (amdt. 23). 1743
Election:
Abridgment of right to vote for
(amdt. 14, Sec. 2)............ 1734.2
Electors, limitations (amdt. 12).. 1732
Method (art. 2, Sec. 1, cls. 2, 3) 1712.2-3
(amdt. 12).....................1732
Impeachment (art. 2, Sec. 4).............. 1712.13
Poll tax (amdt. 24)....................... 1744
President of Senate (art. 1, Sec. 3, cl.
4).................................... 1711.10
Qualifications (amdt. 12)................. 1732
Senate, absence, President pro tempore
(art. 1, Sec. 3, cl. 5)............... 1711.11
Succession to Presidency (amdt. 25)....... 1745
Term (art. 2, Sec. 1, cl. 1).............. 1712.1
(amdt. 20, Sec. 1).............1740
Vacancy:
Confirmation (amdt. 25, Sec. 2)... 1745.2
Nomination (amdt. 25, Sec. 2)..... 1745.2
Virginia (art. 1, Sec. 2, cl. 3).................. 1711.4
Vote, abridgment of right to, prohibited:
Eighteen years or older (amdt. 26, Sec. 1) 1746.1
Failure to pay poll tax (amdt. 24, Sec. 1) 1744.1
Race, color (amdt. 15, Sec. 1)............ 1735.1
Sex (amdt. 19)............................ 1739
Vote of two-thirds:
Amendments to Constitution, proposed (art.
5).................................... 1715
Bills vetoed (art. 1, Sec. 7, cl. 2)...... 1711.23
Conviction on impeachment (art. 1, Sec. 3,
cl. 6)................................ 1711.12
Expel Member of Congress (art. 1, Sec. 5,
cl. 2)................................ 1711.17
Senate, treaties (art. 2, Sec. 2, cl. 2).. 1712.10
Removal of disability (amdt. 14, Sec. 3).. 1734.3
W
War:
Congress, to declare (art. 1, Sec. 8, cl.
11)................................... 1711.35
In time of:
Jury presentment (amdt. 5)........ 1725
Quartering soldiers (amdt. 3)..... 1723
Levy against United States, treason (art.
3, Sec. 3, cl. 1)..................... 1713.5
State (art. 1, Sec. 10, cl. 2)............ 1711.52
Warrants, requisites (amdt. 4).................... 1724
Weights and measures, Congress (art. 1, Sec. 8,
cl. 5)........................................ 1711.29
Witnesses:
Confrontation, right of (amdt. 6)......... 1726
Self-incrimination (amdt. 5).............. 1725
Treason (art. 3, Sec. 3, cl. 1)........... 1713.5
Women, right to vote (amdt. 19)................... 1739
Writ of habeas corpus (art. 1, Sec. 9, cl. 2)..... 1711.44
Writings, copyright, Congress (art. 1, Sec. 8, cl.
8)............................................ 1711.32
Writs, election (art. 1, Sec. 2, cl. 4)........... 1711.5
Writs of error (amdt. 7).......................... 1727
Y
Yea and nay votes, Congress:
Entered on journal (art. 1, Sec. 5, cl. 3) 1711.18
Vetoed measure, reconsideration (art. 1,
Sec. 7, cl. 2)........................ 1711.23
?
===========================================================_
STATISTICAL DATA
===========================================================_
See footnotes at end of
table.
------------------------------------------------------------
PRESIDENTS PRO TEMPORE OF THE SENATE
FROM THE FIRST CONGRESS TO THE END OF THE FIRST SESSION OF
THE ONE HUNDRED THIRTEENTH CONGRESS
------------------------------------------------------------
[In earlier years the appointment or election of a President
pro tempore was held by the Senate to be for the
occasion only, so that more than one appears in several
sessions and in others none were chosen. Since Mar. 12,
1890, however, they have served until ``the Senate
otherwise ordered.'']
----------------------------------------------------------------------------------------------------------------
Name of President pro
Congress tempore State Elected
----------------------------------------------------------------------------------------------------------------
First.............................. John Langdon.......... New Hampshire Apr. 6, 1789.
Aug. 7, 1789
Second............................. Richard Henry Lee..... Virginia Apr. 18, 1792.
Do............................. John Langdon.......... New Hampshire Nov. 5, 1792.
Mar. 1, 1793.
Third.............................. Ralph Izard........... South Carolina May 31, 1794.
Do............................. Henry Tazewell........ Virginia Feb. 20, 1795.\1\
Fourth............................. ......do.............. ......do Dec. 7, 1795.
Do............................. Samuel Livermore...... New Hampshire May 6, 1796.
Do............................. William Bingham....... Pennsylvania Feb. 16, 1797.
Fifth.............................. William Bradford...... Rhode Island July 6, 1797.
Do............................. Jacob Read............ South Carolina Nov. 22, 1797.
Do............................. Theodore Sedgwick..... Massachusetts June 27, 1798.
Do............................. John Laurance......... New York Dec. 6, 1798.
Do............................. James Ross............ Pennsylvania Mar. 1, 1799.
Sixth.............................. Samuel Livermore...... New Hampshire Dec. 2, 1799.
Do............................. Uriah Tracy........... Connecticut May 14, 1800.
Do............................. John E. Howard........ Maryland Nov. 21, 1800.
Do............................. James Hillhouse....... Connecticut Feb. 28, 1801.
Seventh............................ Abraham Baldwin....... Georgia Dec. 7, 1801.
Apr. 17, 1802.
Do............................. Stephen R. Bradley.... Vermont Dec. 14, 1802.
Feb. 25, 1803.
Mar. 2, 1803.
Eighth............................. John Brown............ Kentucky Oct. 17, 1803.
Jan. 23, 1804.
Do............................. Jesse Franklin........ North Carolina Mar. 10, 1804.
Do............................. Joseph Anderson....... Tennessee Jan. 15, 1805.
Feb. 28, 1805.
Mar. 2, 1805.
Ninth.............................. Samuel Smith.......... Maryland Dec. 2, 1805.
Mar. 18, 1806.
Mar. 2, 1807.
Tenth.............................. ......do.............. ......do Apr. 16, 1808.
Do............................. Stephen R. Bradley.... Vermont Dec. 28, 1808.
Do............................. John Milledge......... Georgia Jan. 30, 1809.
Eleventh........................... Andrew Gregg.......... Pennsylvania June 26, 1809.
Do............................. John Gaillard......... South Carolina Feb. 28, 1810.
Apr. 17, 1810.
Do............................. John Pope............. Kentucky Feb. 23, 1811.
Twelfth............................ William H. Crawford... Georgia Mar. 24, 1812.
Thirteenth......................... Joseph B. Varnum...... Massachusetts Dec. 6, 1813.
Do............................. John Gaillard......... South Carolina Apr. 18, 1814.
Nov. 25, 1814, upon the
death of Vice President
Elbridge Gerry.\2\
Fourteenth......................... ......do.............. ......do Mar. 6, 1817.
Fifteenth.......................... ......do.............. ......do Mar. 31, 1818.\3\
Do............................. James Barbour......... Virginia Feb. 15, 1819.
Sixteenth.......................... John Gaillard......... South Carolina Jan. 25, 1820.
Seventeenth........................ ......do.............. ......do Feb. 1, 1822.
Feb. 19, 1823.
Eighteenth......................... ......do.............. ......do May 21, 1824.
Nineteenth......................... ......do.............. ......do Mar. 9, 1825.\4\
Do............................. Nathaniel Macon....... North Carolina May 20, 1826.
Jan. 2, 1827.
Mar. 2, 1827.
Twentieth.......................... Samuel Smith.......... Maryland May 15, 1828.\5\
Twenty-first....................... ......do.............. ......do Mar. 13, 1829.\4\
May 29, 1830.
Mar. 1, 1831.\6\
Twenty-second...................... Littleton W. Tazewell. Virginia July 9, 1832.
Do............................. Hugh L. White......... Tennessee Dec. 3, 1832.
Twenty-third....................... ......do.............. ......do (\7\)
Do............................. George Poindexter..... Mississippi June 28, 1834.
Do............................. John Tyler............ Virginia Mar. 3, 1835.
Twenty-fourth...................... William R. King....... Alabama July 1, 1836.
Jan. 28, 1837.
Twenty-fifth....................... ......do.............. ......do Mar. 7, 1837.\4\
Oct. 13, 1837.
July 2, 1838.
Feb. 25, 1839.
Twenty-sixth....................... ......do.............. ......do (\7\)
July 3, 1840.
Mar. 3, 1841.
Twenty-seventh..................... ......do.............. ......do Mar. 4, 1841.\4\
Do............................. Samuel L. Southard.... New Jersey Mar. 11, 1841.\8\
Do............................. Willie P. Mangum...... North Carolina May 31, 1842.
Twenty-eighth...................... ......do.............. ......do (\7\)
Twenty-ninth....................... Ambrose H. Sevier..... Arkansas Dec. 27, 1845.\9\
Do............................. David R. Atchison..... Missouri Aug. 8, 1846.
Jan. 11, 1847.
Mar. 3, 1847.
Thirtieth.......................... ......do.............. ......do Feb. 2, 1848.
June 1, 1848.
June 26, 1848.
July 29, 1848.
Dec. 26, 1848.
Mar. 2, 1849.
Thirty-first....................... ......do.............. ......do Mar. 5, 1849.\4\
Mar. 16, 1849.
Do............................. William R. King....... Alabama May 6, 1850.
July 11, 1850.
Thirty-second...................... ......do.............. ......do (\10\)
Do............................. David R. Atchison..... Missouri Dec. 20, 1852.
Thirty-third....................... ......do.............. ......do Mar. 4, 1853.\4\
Do............................. Lewis Cass............ Michigan Dec. 4, 1854.
Do............................. Jesse D. Bright....... Indiana Dec. 5, 1854.
Thirty-fourth...................... Charles E. Stuart..... Michigan June 9, 1856.\11\
Do............................. Jesse D. Bright....... Indiana June 11, 1856.
Do............................. James M. Mason........ Virginia Jan. 6, 1857.\12\
Thirty-fifth....................... ......do.............. ......do Mar. 4, 1857.\4\
Do............................. Thomas J. Rusk........ Texas Mar. 14, 1857.\4\
Do............................. Benjamin Fitzpatrick.. Alabama Dec. 7, 1857.
Mar. 29, 1858.
June 14, 1858.
Jan. 25, 1859.
Thirty-sixth....................... ......do.............. ......do Mar. 9, 1859.\4\
Dec. 19, 1859.
Feb. 20, 1860.\4\
June 26, 1860.
Do............................. Jesse D. Bright....... Indiana June 12, 1860.
Do............................. Benjamin Fitzpatrick.. Alabama June 26, 1860.
Do............................. Solomon Foot.......... Vermont Feb. 16, 1861.
Thirty-seventh..................... Solomon Foot.......... ......do Mar. 23, 1861.\4\
July 18, 1861.
Jan. 15, 1862.
Mar. 31, 1862.
June 19, 1862.
Feb. 18, 1863.
Thirty-eighth...................... ......do.............. ......do Mar. 4, 1863.\4\
Dec. 18, 1863.
Feb. 23, 1864.
Mar. 11, 1864.
Apr. 11, 1864.
Do............................. Daniel Clark.......... New Hampshire Apr. 26, 1864.
Feb. 9, 1865.
Thirty-ninth....................... Layfayette S. Foster.. Connecticut Mar. 7, 1865.\13\
Do............................. Benjamin F. Wade...... Ohio Mar. 2, 1867.
Fortieth........................... ......do.............. ......do (\7\)
Forty-first........................ Henry B. Anthony...... Rhode Island Mar. 23, 1869.
Apr. 9, 1869.
May 28, 1870.
July 1, 1870.
July 14, 1870.
Forty-second....................... ......do.............. ......do Mar. 10, 1871.
Apr. 17, 1871.
May 23, 1871.\4\
Dec. 21, 1871.
Feb. 23, 1872.
June 8, 1872.
Dec. 4, 1872.
Dec. 13, 1872.
Dec. 20, 1872.
Jan. 24, 1873.
Forty-third........................ Matthew H. Carpenter.. Wisconsin Mar. 12, 1873.\4\
Mar. 26, 1873.\4\
Dec. 11, 1873.
Dec. 23, 1874.
Do............................. Henry B. Anthony...... Rhode Island Jan. 25, 1875.
Feb. 15, 1875.
Forty-fourth....................... Thomas W. Ferry....... Michigan Mar. 9, 1875.\4\
Mar. 19, 1875.\4\
Dec. 20, 1875.
Forty-fifth........................ ......do.............. ......do Mar. 5, 1877.\4\
Feb. 26, 1878.
Apr. 17, 1878.
Mar. 3, 1879.
Forty-sixth........................ Allen G. Thurman...... Ohio Apr. 15, 1879.
Apr. 7, 1880.
May 6, 1880.
Forty-seventh...................... Thomas F. Bayard...... Delaware Oct. 10, 1881.\4\
Do............................. David Davis........... Illinois Oct. 13, 1881.\14\
Do............................. George F. Edmunds..... Vermont Mar. 3, 1883.
Forty-eighth....................... ......do.............. ......do Jan. 14, 1884.
Forty-ninth........................ John Sherman.......... Ohio Dec. 7, 1885.\15\
Do............................. John J. Ingalls....... Kansas Feb. 26, 1887.
Fiftieth........................... ......do.............. ......do (\7\)
Fifty-first........................ ......do.............. ......do Mar. 7, 1889.\4\
Apr. 2, 1889.\4\
Dec. 5, 1889.
Feb. 28, 1890.
Apr. 3, 1890.\16\
Do............................. Charles F. Manderson.. Nebraska Mar. 2, 1891.
Fifty-second....................... ......do.............. ......do ..........................
Fifty-third........................ ......do.............. ......do (\17\)
Do............................. Isham G. Harris....... Tennessee Mar. 22, 1893.\4\
Do............................. Matt W. Ransom........ North Carolina Jan. 7, 1895.\18\
Do............................. Isham G. Harris....... Tennessee Jan. 10, 1895.
Fifty-fourth....................... William P. Frye....... Maine Feb. 7, 1896.
Fifty-fifth........................ ......do.............. ......do ..........................
Fifty-sixth........................ ......do.............. ......do ..........................
Fifty-seventh...................... ......do.............. ......do Mar. 7, 1901.\4\
Fifty-eighth....................... ......do.............. ......do ..........................
Fifty-ninth........................ ......do.............. ......do ..........................
Sixtieth........................... ......do.............. ......do Dec. 5, 1907.
Footnotes continued on the
next page.
----------------------------------------------------------------------------------------------------------------
Name of President pro
Congress tempore State Elected
----------------------------------------------------------------------------------------------------------------
Sixty-first.......................... ......do............... ......do............... .......................
Sixty-second......................... ......do............... ......do............... (\19\)
Do............................... Augustus O. Bacon...... Georgia................ August 14, 1911.\20\
Do............................... Charles Curtis......... Kansas................. Dec. 4, 1911.\21\
Do............................... Augustus O. Bacon...... Georgia................ Jan. 15, 1912.\22\
Do............................... Jacob H. Gallinger..... New Hampshire.......... Feb. 12, 1912.\23\
Do............................... Henry Cabot Lodge...... Massachusetts.......... Mar. 25, 1912.\24\
Do............................... ......do............... ......do............... May 25, 1912.
Sixty-third.......................... James P. Clarke........ Arkansas............... Mar. 13, 1913.\4\
Sixty-fourth......................... ......do............... ......do............... Dec. 6, 1915.\25\
Do............................... Willard Saulsbury...... Delaware............... Dec. 14, 1916.
Sixty-fifth.......................... ......do............... ......do............... .......................
Sixty-sixth.......................... Albert B. Cummins...... Iowa................... May 19, 1919.
Sixty-seventh........................ ......do............... ......do............... Mar. 7, 1921.\4\
Sixty-eighth......................... ......do............... ......do............... .......................
Sixty-ninth.......................... ......do............... ......do............... .......................
Do............................... George H. Moses........ New Hampshire.......... Mar. 6, 1925.\4\
Seventieth........................... ......do............... ......do............... Dec. 15, 1927.
Seventy-first........................ ......do............... ......do............... .......................
Seventy-second....................... ......do............... ......do............... .......................
Seventy-third........................ Key Pittman............ Nevada................. Mar. 9, 1933.
Seventy-fourth....................... ......do............... ......do............... Jan. 7, 1935.
Seventy-fifth........................ ......do............... ......do............... .......................
Seventy-sixth........................ ......do............... ......do............... (\26\)
Do............................... William H. King........ Utah................... Nov. 19, 1940.
Seventy-seventh...................... Pat Harrison........... Mississippi............ Jan. 6, 1941.\27\
Do............................... Carter Glass........... Virginia............... July 10, 1941.
Seventy-eighth....................... ......do............... ......do............... Jan. 14, 1943.
Seventy-ninth........................ Kenneth McKellar....... Tennessee.............. Jan. 6, 1945.
Eightieth............................ Arthur H. Vandenberg... Michigan............... Jan. 4, 1947.
Eighty-first......................... Kenneth McKellar....... Tennessee.............. Jan. 3, 1949.
Eighty-second........................ ......do............... ......do............... .......................
Eighty-third......................... Styles Bridges......... New Hampshire.......... Jan. 3, 1953.
Eighty-fourth........................ Walter F. George....... Georgia................ Jan. 5, 1955.
Eighty-fifth......................... Carl Hayden............ Arizona................ Jan. 3, 1957.
Eighty-sixth......................... ......do............... ......do............... .......................
Eighty-seventh....................... ......do............... ......do............... .......................
Eighty-eighth........................ ......do............... ......do............... Jan. 9, 1963.
Eighty-ninth......................... ......do............... ......do............... .......................
Ninetieth............................ ......do............... ......do............... .......................
Ninety-first......................... Richard B. Russell..... Georgia................ Jan. 3, 1969.\28\
Ninety-second........................ ......do............... ......do............... .......................
Do............................... Allen J. Ellender...... Louisiana.............. Jan. 22, 1971.\29\
Do............................... James O. Eastland...... Mississippi............ July 28, 1972.
Ninety-third......................... ......do............... ......do............... .......................
Ninety-fourth........................ ......do............... ......do............... .......................
Ninety-fifth......................... ......do............... ......do............... .......................
Ninety-sixth......................... Warren G. Magnuson..... Washington............. Jan. 15, 1979.
Do............................... Milton R. Young........ North Dakota........... Dec. 4, 1980.\30\
Ninety-seventh....................... Strom Thurmond......... South Carolina......... Jan. 5, 1981.
Ninety-eighth........................ ......do............... ......do............... .......................
Ninety-ninth......................... ......do............... ......do............... Jan. 3, 1985.
One-hundredth........................ John C. Stennis........ Mississippi............ Jan. 6, 1987.
One-hundred-first.................... Robert C. Byrd......... West Virginia.......... Jan. 3, 1989.
One-hundred-second................... ......do............... ......do............... .......................
One-hundred-third.................... ......do............... ......do............... .......................
One-hundred-fourth................... Strom Thurmond......... South Carolina......... Jan. 4, 1995.
One-hundred-fifth.................... ......do............... ......do............... .......................
One-hundred-sixth.................... ......do............... ......do............... .......................
One-hundred-seventh.................. Robert C. Byrd......... West Virginia.......... Jan. 3, 2001.\31\
Do............................... Strom Thurmond......... South Carolina......... Jan. 3, 2001.\32\
Do............................... Robert C. Byrd......... West Virginia.......... June 6, 2001.
One-hundred-eighth................... Ted Stevens............ Alaska................. Jan. 7, 2003.
One-hundred-ninth.................... ......do............... ......do............... .......................
One-hundred-tenth.................... Robert C. Byrd......... West Virginia.......... Jan. 4, 2007.
One-hundred-eleventh................. ......do............... ......do............... (\33\)
Do............................... Daniel K. Inouye....... Hawaii................. June 28, 2010.
One-hundred-twelfth.................. ......do............... ......do............... (\34\)
Do............................... Patrick J. Leahy....... Vermont................ Dec. 17, 2012.
One-hundred-thirteenth........... ......do............... ......do............... .......................
----------------------------------------------------------------------------------------------------------------
\1\Samuel Livermore was elected Feb. 20, 1795, but declined.
\2\Vice President Gerry died in preceding Congress.
\3\Continuing from preceding session.
\4\Special session of the Senate.
\5\Nathaniel Macon, of North Carolina, was first elected on the same day, but declined to serve.
\6\Littleton W. Tazewell, of Virginia, was first elected, but declined to serve.
\7\Continuing from preceding session.
\8\Special session of the Senate. Resigned as President pro tempore May 31, 1842.
\9\Served as President pro tempore 1 day, under designation by the Vice President.
\10\Resigned as President pro tempore Dec. 20, 1852.
\11\Resigned June 11, 1856.
\12\Served Jan. 5, 1856, by request of President pro tempore Bright.
\13\Special session of the Senate. Elected ``to serve in the absence of the Vice President'' and served until
Mar. 2, 1867.
\14\Special session of the Senate. Resigned Mar. 3, 1883.
\15\Resigned as President pro tempore, effective Feb. 26, 1887.
\16\Resigned as President pro tempore, effective Mar. 2, 1891; in March 1890, the Senate adopted a resolution
stating that Presidents pro tempore would hold office continuously until the election of another President pro
tempore, rather than being elected for the period in which the vice president was absent. The new system has
continued to the present.
\17\Resigned as President pro tempore Mar. 22, 1893.
\18\Resigned as President pro tempore Jan. 10, 1895.
\19\Resigned as President pro tempore Apr. 27, 1911.
\20\Bacon served as President pro tempore Aug. 14 but was actually elected on Aug. 13.
\21\Elected to serve Dec. 4 to 12, 1911.
\22\Elected to serve Jan. 15 to 17, Mar. 11 and 12, Apr. 8, May 10, May 30 to June 3, June 13 to July 5, Aug. 1
to 10, and Aug. 27 to Dec. 15, 1912; Jan. 5 to 18 and Feb. 2 to 15, 1913.
\23\Elected to serve Feb. 12 to 14, Apr. 26 and 27, May 7, July 6 to 31, Aug. 12 to 26, 1912; Dec. 16, 1912, to
Jan. 4, 1913; Jan 19 to Feb. 1 and Feb. 16 to Mar. 3, 1913.
\24\Elected to serve Mar. 25 and 26, 1912.
\25\Died Oct. 1, 1916.
\26\Died Nov. 10, 1940.
\27\Died June 22, 1941.
\28\Died Jan. 21, 1971.
\29\Died July 27, 1972.
\30\Elected to serve for one day only (Dec. 5, 1980). Magnuson resumed the post.
\31\Elected to serve Jan. 3 to Jan. 20, 2001.
\32\Elected to serve beginning Jan. 20, 2001, after Republicans regained control of the Senate. Thurmond was
designated President pro tempore emeritus of the United States Senate (S. Res. 103, 107-1, June 6, 2001) after
Democrats regained control of Senate.
\33\Died June 28, 2010.
\34\Died Dec. 17, 2012.
deputy presidents pro tempore of the senate
[1801]
1801
deputy presidents pro tempore of the senate\1\
----------------------------------------------------------------------------------------------------------------
Congress Name State Elected
----------------------------------------------------------------------------------------------------------------
95th................................. Hubert H. Humphrey..... Minnesota.............. Jan. 10, 1977
(effective Jan. 5,
1977).\2\
100th................................ George J. Mitchell..... Maine.................. Jan. 28, 1987.\3\
----------------------------------------------------------------------------------------------------------------
\1\This office was established by S. Res. 17, 95-1, agreed to Jan. 10, 1977 (effective Jan. 5, 1977). The
resolution provided that ``[a]ny Member of the Senate who has held the Office of President of the United
States or Vice President of the United States shall be a Deputy President pro tempore''.
\2\Died Jan. 13, 1978.
\3\S. Res. 90, 100-1, agreed to Jan. 28, 1987, provided that in addition to Senators who hold the Office of
Deputy President pro tempore under authority of S. Res. 17, 95-1, any other Member of the Senate designated by
Senate resolution shall hold the office at the pleasure of the Senate during the 100th Congress. Senator
Mitchell was so designated by S. Res. 91, agreed to the same date.
1802
permanent acting president pro tempore of the senate\1\
----------------------------------------------------------------------------------------------------------------
Congress Name State Elected
----------------------------------------------------------------------------------------------------------------
88th-95th............................ Lee Metcalf............ Montana................ Feb. 7, 1964.\2\
----------------------------------------------------------------------------------------------------------------
\1\Development of this office started in 1963 upon adoption of S. Res. 232 and S. Res. 238, making Senator
Metcalf Permanent Acting President pro tempore from Dec. 9, 1963, until meeting of the second regular session
of the 88th Congress. On Feb. 7, 1964, S. Res. 296 was adopted authorizing Senator Metcalf ``to perform the
duties of the Chair as Acting President pro tempore until otherwise ordered by the Senate.''
\2\Died Jan. 12, 1978.
1803
presidents pro tempore emeritus of the senate\1\
----------------------------------------------------------------------------------------------------------------
Congress Name State Elected
----------------------------------------------------------------------------------------------------------------
107th................................ Strom Thurmond......... South Carolina......... June 6, 2001.\2\
108th................................ Robert C. Byrd......... West Virginia.......... Jan. 15, 2003.\3\
110th................................ Ted Stevens............ Alaska................. Jan. 4, 2007.\4\
----------------------------------------------------------------------------------------------------------------
\1\This office was first created on June 6, 2001, with S. Res. 103, designating Senator Strom Thurmond as
President pro tempore emeritus.
\2\Designated by S. Res. 103.
\3\Designated by S. Res. 21.
\4\Designated by S. Res. 6.
------------------------------------------------------------
SENATORS OF THE UNITED STATES
FROM THE FIRST CONGRESS TO THE END OF THE SECOND SESSION OF
THE ONE HUNDRED THIRTEENTH CONGRESS
------------------------------------------------------------
CLASSIFICATION OF SENATORS
Under Article I, section 3, clause 2, of the
Constitution of the United States, relating to the
classification of Senators in the First and succeeding
Congresses, it was provided that, ``Immediately after they
shall be assembled in consequence of the first election they
shall be divided as equally as may be into three classes.
The seats of the Senators of the first class shall be
vacated at the expiration of the second year, of the second
class at the expiration of the fourth year, and of the third
class at the expiration of the sixth year, so that one-third
may be chosen every second year.'' The classification of the
Senators of the First Congress was made in accordance with
this provision by lot. The following table shows the classes
to which the Senators of the First Congress, and from States
subsequently admitted into the Union, were severally
assigned, and the succession in each State to the second
session of the One Hundred Thirteenth Congress.
TERMS OF SENATORS
Technically, pursuant to the Twentieth Amendment to the
Constitution of the United States, ratified January 23,
1933, the terms of Members of the Senate commence at noon on
the third day of January and end six years later at noon on
the third day of January. In view of the impracticality of
dealing with split days, however, it has been the long
established practice for payment of salaries, computation of
allowances, and recording of service to credit a Member for
the full day of the third of January and to consider the
term as ended at the close of business on the second of
January six years later. Accordingly, the service of Members
of the Senate is shown on that basis in the following
tables.
TABLE OF SENATORS FROM THE FIRST CONGRESS TO THE FIRST
SESSION OF THE ONE HUNDRED THIRTEENTH CONGRESS*
Footnotes continued on next
page.
1805 1806
ALABAMA
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
16th-29th....................... William R. King... Dec. 14, 1819 Mar. 3, 1847 Res. Apr. 15, 1844.
28th............................ Dixon H. Lewis.... Apr. 22, 1844 Dec. 9, 1844 By gov., to fill vac.
28th-32d........................ ......do.......... Dec. 10, 1844 Mar. 3, 1853 Died Oct. 25, 1848.
30th-31st....................... Benjamin Nov. 25, 1848 Nov. 30, 1849 By gov., to fill vac.
Fitzpatrick.
31st-32d........................ Jeremiah Clemens.. Nov. 30, 1849 Mar. 3, 1853 ......................
33d-38th........................ Clement Claiborne Mar. 4, 1853 Mar. 3, 1865 (\1\)
Clay, Jr.
40th-41st....................... Willard Warner.... July 23, 1868 Mar. 3, 1871 (\2\)
42d-44th........................ George Goldthwaite Mar. 4, 1871 Mar. 3, 1877 (\3\)
45th-62d........................ John T. Morgan.... Mar. 4, 1877 Mar. 3, 1913 Died June 11, 1907.
60th............................ John H. Bankhead.. June 18, 1907 July 16, 1907 By gov., to fill vac.
60th-68th....................... ......do.......... July 17, 1907 Mar. 3, 1925 Died Mar. 1, 1920.
66th............................ Braxton B. Comer.. Mar. 5, 1920 Nov. 2, 1920 By gov., to fill vac.
66th-71st....................... J. Thomas Heflin.. Nov. 3, 1920 Mar. 3, 1931 ......................
72d-80th........................ John H. Bankhead Mar. 4, 1931 Jan. 2, 1949 Died June 12, 1946.
II.
79th............................ George R. Swift... June 15, 1946 Nov. 5, 1946 By gov., to fill vac.
79th-95th....................... John Sparkman..... Nov. 6, 1946 Jan. 2, 1979 ......................
96th-104th...................... Howell Heflin..... Jan. 3, 1979 Jan. 2, 1997 ......................
105th-113th..................... Jeff Sessions..... Jan. 3, 1997 Jan. 2, 2015 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
16th-18th....................... John W. Walker.... Dec. 14, 1819 Mar. 3, 1825 Res. Dec. 12, 1822.
17th-18th....................... William Kelly..... Dec. 12, 1822 Do. ......................
19th-21st....................... Henry H. Chambers. Mar. 4, 1825 Mar. 3, 1831 Died Jan. 24, 1826.
19th............................ Israel Pickens.... Feb. 17, 1826 Nov. 27, 1826 By gov., to fill vac.
19th-21st....................... John McKinley..... Nov. 27, 1826 Mar. 3, 1831 ......................
22d-24th........................ Gabriel Moore..... Mar. 4, 1831 Mar. 3, 1837 ......................
25th............................ John McKinley..... Mar. 4, 1837 Mar. 3, 1843 Res. Apr. 22, 1837.
25th-27th....................... Clement Comer Clay June 19, 1837 Do. Res. Nov. 15, 1841.
27th-30th....................... Arthur P. Bagby... Nov. 24, 1841 Mar. 3, 1849 Res. June 16, 1848
30th............................ William R. King... July 1, 1848 Do. By gov., to fill vac.
31st-33d........................ ......do.......... Mar. 4, 1849 Mar. 3, 1855 Res. Dec. 20, 1852.
32d-33d......................... Benjamin Jan. 14, 1853 Mar. 3, 1855 By gov., to fill vac.
Fitzpatrick.
34th-36th....................... ......do.......... Mar. 4, 1855 Mar. 3, 1861 (\4\)
40th-45th....................... George E. Spencer. July 21, 1868 Mar. 3, 1879 (\5\)
46th-48th....................... George S. Houston. Mar. 4, 1879 Mar. 3, 1885 Died Dec. 31, 1879.
46th............................ Luke Pryor........ Jan. 7, 1880 Nov. 23, 1880 By gov., to fill vac.
46th-54th....................... James L. Pugh..... Nov. 24, 1880 Mar. 3, 1897 ......................
55th-60th....................... Edmund W. Pettus.. Mar. 4, 1897 Mar. 3, 1909 Died July 27, 1907.
60th-63d........................ Joseph F. Johnston Aug. 6, 1907 Mar. 3, 1915 (\6\)
63d............................. Francis S. White.. May 11, 1914 Do. ......................
64th-69th....................... Oscar W. Underwood Mar. 4, 1915 Mar. 3, 1927 ......................
70th-75th....................... Hugo Black........ Mar. 4, 1927 Jan. 2, 1939 Res. Aug. 19, 1937.
75th............................ Dixie Bibb Graves. Aug. 20, 1937 Do. (\7\)
75th............................ J. Lister Hill.... Jan. 11, 1938 Apr. 26, 1938 By gov., to fill vac.
75th-90th....................... ......do.......... April 27, 1938 Jan. 2, 1969 ......................
91st-96th....................... James B. Allen.... Jan. 3, 1969 Jan. 2, 1981 Died June 1, 1978.
95th............................ Maryon Pittman June 8, 1978 Nov. 7, 1978 By gov., to fill vac.
Allen.
95th-96th....................... Donald W. Stewart. Nov. 8, 1978 Jan. 2, 1981 Res. Jan. 1, 1981.
96th-99th....................... Jeremiah Denton... Jan. 2, 1981 Jan. 2, 1987 (\8\)
100th-114th..................... Richard C. Shelby. Jan. 3, 1987 Jan. 2, 2017 ......................
----------------------------------------------------------------------------------------------------------------
*These tables are accurate as of March 2014.
\1\Withdrew from the Senate Jan. 21, 1861. Seat declared vacant Mar. 14, 1861. Because of Civil War, vacancy
from Jan. 21, 1861, to July 22, 1868.
\2\By legislature, to fill vacancy in term beginning Mar. 4, 1865. Seated July 25, 1868.
\3\Not sworn in until Jan. 15, 1872, because of contested election.
\4\Withdrew from the Senate Jan. 21, 1861. Seat declared vacant Mar. 14, 1861. Because of Civil War, vacancy
from Jan. 21, 1861, to July 20, 1868.
\5\By legislature, to fill vacancy in term beginning Mar. 4, 1867. Seated July 25, 1868.
\6\Died Aug. 8, 1913. Vacancy from Aug. 8, 1913, to May 11, 1914. Henry D. Clayton was appointed by governor
Aug. 12, 1913, to fill vacancy but his credentials were withdrawn on Oct. 21, 1913; Frank P. Glass was
appointed by governor Nov. 17, 1913, but by Senate resolution, Feb. 4, 1914, was declared not entitled to a
seat.
\7\By governor, to fill vacancy. Resigned Jan. 10, 1938.
\8\Elected for term commencing Jan. 3, 1981; subsequently appointed by governor on Jan. 2, 1981, to fill vacancy
in term ending Jan. 2, 1981.
See footnotes at end of
Arkansas table.
1807 1808
ALASKA
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
86th-92d........................ E. L. Bartlett.... Jan. 3, 1959 Jan. 2, 1973 Died Dec. 11, 1968.
90th-91st....................... Ted Stevens....... Dec. 24, 1968 Nov. 3, 1970 By gov., to fill vac.
91st-110th...................... ......do.......... Nov. 4, 1970 Jan. 2, 2009 ......................
111th-113th..................... Mark Begich....... Jan. 3, 2009 Jan. 2, 2015 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
86th-90th....................... Ernest Gruening... Jan. 3, 1959 Jan. 2, 1969 ......................
91st-96th....................... Mike Gravel....... Jan. 3, 1969 Jan. 2, 1981
97th-108th...................... Frank H. Murkowski Jan. 3, 1981 Jan. 2, 2005 Res. Dec. 2, 2002
107th-108th..................... Lisa Murkowski.... Dec. 20, 2002 Nov. 2, 2004 By gov., to fill vac.
109th-114th..................... ......do.......... Nov. 3, 2004 Jan. 2, 2017 ......................
----------------------------------------------------------------------------------------------------------------
1809 1810
ARIZONA
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
62d-76th........................ Henry Fountain Mar. 27, 1912 Jan. 2, 1941 ......................
Ashurst.
77th-82d........................ Ernest W. Jan. 3, 1941 Jan. 2, 1953 ......................
McFarland.
83d-88th........................ Barry Goldwater... Jan. 3, 1953 Jan. 2, 1965 ......................
89th-94th....................... Paul J. Fannin.... Jan. 3, 1965 Jan. 2, 1977 ......................
95th-103d....................... Dennis DeConcini.. Jan. 3, 1977 Jan. 2, 1995 ......................
104th-112th..................... Jon Kyl........... Jan. 3, 1995 Jan. 2, 2013 ......................
113th-115th..................... Jeff Flake........ Jan. 3, 2013 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
62d-66th........................ Marcus A. Smith... Mar. 27, 1912 Mar. 3, 1921 ......................
67th-69th....................... Ralph H. Cameron.. Mar. 4, 1921 Mar. 3, 1927 ......................
70th-90th....................... Carl Hayden....... Mar. 4, 1927 Jan. 2, 1969 ......................
91st-99th....................... Barry Goldwater... Jan. 3, 1969 Jan. 2, 1987 ......................
100th-114th..................... John S. McCain III Jan. 3, 1987 Jan. 2, 2017
----------------------------------------------------------------------------------------------------------------
See footnotes at end of
Arkansas table.
1811 1812
ARKANSAS
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
24th-29th....................... William S. Fulton. Sept. 18, 1836 Mar. 3, 1847 Died Aug. 15, 1844.
28th-32d........................ Chester Ashley.... Nov. 8, 1844 Mar. 3, 1853 Died Apr. 29, 1848.
30th............................ William K. May 12, 1848 Nov. 16, 1848 By gov., to fill vac.
Sebastian.
30th-38th....................... ......do.......... Nov. 17, 1848 Mar. 3, 1865 (\1\)
40th-41st....................... Alexander McDonald June 22, 1868 Mar. 3, 1871 (\2\)
42d-44th........................ Powell Clayton.... Mar. 4, 1871 Mar. 3, 1877 ......................
45th-50th....................... Augustus H. Mar. 4, 1877 Mar. 3, 1889 Res. Mar. 6, 1885.
Garland.
49th-59th....................... James H. Berry.... Mar. 20, 1885 Mar. 3, 1907 ......................
60th-62d........................ Jeff Davis........ Mar. 4, 1907 Mar. 3, 1913 Died Jan. 3, 1913.
62d............................. John N. Heiskell.. Jan. 6, 1913 Jan. 29, 1913 By gov., to fill vac.
Do............................ William M. Jan. 29, 1913 Mar. 3, 1913 ......................
Kavanaugh.
63d-77th........................ Joseph T. Robinson Mar. 10, 1913 Jan. 2, 1943 (\3\)
75th-77th....................... John E. Miller.... Nov. 15, 1937 Do. (\4\)
77th............................ Lloyd Spencer..... Apr. 1, 1941 Do. By gov., to fill vac.
78th-95th....................... John L. McClellan. Jan. 3, 1943 Jan. 2, 1979 Died Nov. 28, 1977.
95th............................ Kaneaster Hodges, Dec. 10, 1977 Do. By gov., to fill vac.
Jr..
96th-104th...................... David H. Pryor.... Jan. 3, 1979 Jan. 2, 1997 ......................
105th-107th..................... Tim Hutchinson.... Jan. 3, 1997 Jan. 2, 2003
108th-113th..................... Mark Pryor........ Jan. 3, 2003 Jan. 2, 2015 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
24th-30th....................... Ambrose H. Sevier. Sept. 18, 1836 Mar. 3, 1849 Res. Mar. 15, 1848.
30th............................ Solon Borland..... Mar. 30, 1848 Nov. 16, 1848 By gov., to fill vac.
30th-33d........................ ......do.......... Nov. 17, 1848 Mar. 3, 1855 Res. Apr. 3, 1853.
33d............................. Robert W. Johnson. July 6, 1853 Nov. 9, 1854 By gov., to fill vac.
33d-36th........................ ......do.......... Nov. 10, 1854 Mar. 3, 1861 ......................
37th-39th....................... Charles B. Mitchel Mar. 4, 1861 Mar. 3, 1867 (\5\)
40th-42d........................ Benjamin F. Rice.. June 23, 1868 Mar. 3, 1873 (\6\)
43d-45th........................ Stephen W. Dorsey. Mar. 4, 1873 Mar. 3, 1879 ......................
46th-48th....................... James D. Walker... Mar. 4, 1879 Mar. 3, 1885 ......................
49th-57th....................... James K. Jones.... Mar. 4, 1885 Mar. 3, 1903 ......................
58th-66th....................... James P. Clarke... Mar. 4, 1903 Mar. 3, 1921 Died Oct. 1, 1916.
64th-66th....................... William F. Kirby.. Nov. 8, 1916 Do. ......................
67th-72d........................ Thaddeus H. Mar. 4, 1921 Mar. 3, 1933 Died Nov. 6, 1931.
Caraway.
72d............................. Hattie W. Caraway. Nov. 13, 1931 Jan. 12, 1932 By gov., to fill vac.
72d-78th........................ ......do.......... Jan. 13, 1932 Jan. 2, 1945 ......................
79th-93d........................ J. William Jan. 3, 1945 Jan. 2, 1975 Res. Dec. 31, 1974.
Fulbright.
94th-105th...................... Dale Bumpers...... Jan. 3, 1975 Jan. 2, 1999 ......................
106th-111th..................... Blanche L. Lincoln Jan. 3, 1999 Jan. 2, 2011 ......................
112th-114th..................... John Boozman...... Jan. 3, 2011 Jan. 2, 2017 ......................
----------------------------------------------------------------------------------------------------------------
\1\Expelled July 11, 1861. Because of Civil War, vacancy from July 11, 1861, to June 22, 1868, when Arkansas was
readmitted to representation.
\2\By legislature, to fill vacancy in term beginning Mar. 4, 1865.
\3\Elected Jan. 28, 1913, for the term beginning Mar. 4, 1913. Took oath Mar. 10, 1913. Served as governor until
Mar. 8, 1913. Died July 14, 1937. Vacancy from July 15 to Nov. 14, 1937.
\4\Elected Oct. 18, 1937. Served in House during interim. Resigned Mar. 31, 1941.
\5\Expelled July 11, 1861. Because of Civil War, vacancy from July 11, 1861, to June 22, 1868, when Arkansas was
readmitted to representation.
\6\By legislature, to fill vacancy in term beginning Mar. 4, 1867.
See footnotes at end of
California table.
1813 1814
CALIFORNIA
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
31st............................ John C. Fremont... Sept. 9, 1850 Mar. 3, 1851 ......................
32d-34th........................ John B. Weller.... Jan. 30, 1852 Mar. 3, 1857 (\1\)
35th-37th....................... David C. Broderick Mar. 4, 1857 Mar. 3, 1863 Died Sept. 16, 1859.
36th............................ Henry P. Haun..... Nov. 3, 1859 Mar. 5, 1860 By gov., to fill vac.
36th-37th....................... Milton S. Latham.. Mar. 5, 1860 Mar. 3, 1863 ......................
38th-40th....................... John Conness...... Mar. 4, 1863 Mar. 3, 1869 ......................
41st-43d........................ Eugene Casserly... Mar. 4, 1869 Mar. 3, 1875 Res. Nov. 29, 1873.
43d............................. John S. Hager..... Dec. 23, 1873 Do. ......................
44th-46th....................... Newton Booth...... Mar. 4, 1875 Mar. 3, 1881 ......................
47th-49th....................... John F. Miller.... Mar. 4, 1881 Mar. 3, 1887 Died Mar. 8, 1886.
49th............................ George Hearst..... Mar. 23, 1886 Aug. 4, 1886 By gov., to fill vac.
Do............................ Abram P. Williams. Aug. 4, 1886 Mar. 3, 1887 ......................
50th-52d........................ George Hearst..... Mar. 4, 1887 Mar. 3, 1893 Died Feb. 28, 1891.
52d............................. Charles N. Felton. Mar. 19, 1891 Do. ......................
53d-55th........................ Stephen M. White.. Mar. 4, 1893 Mar. 3, 1899
56th-58th....................... Thomas R. Bard.... Feb. 7, 1900 Mar. 3, 1905 (\2\)
59th-61st....................... Frank P. Flint.... Mar. 4, 1905 Mar. 3, 1911 ......................
62d-64th........................ John D. Works..... Mar. 4, 1911 Mar. 3, 1917 ......................
65th-79th....................... Hiram W. Johnson.. Mar. 16, 1917 Jan. 2, 1947 (\3\)
78th............................ William F. Aug. 26, 1945 Nov. 5, 1946 By gov., to fill vac.
Knowland.
78th-85th....................... ......do.......... Nov. 6, 1946 Jan. 2, 1959 ......................
86th-88th....................... Clair Engle....... Jan. 3, 1959 Jan. 2, 1965 Died July 30, 1964.
88th............................ Pierre Salinger... Aug. 4, 1964 Jan. 2, 1971 By gov., to fill
vac.\4\
88th-91st....................... George Murphy..... Jan. 1, 1965 Do. (\5\)
91st-94th....................... John V. Tunney.... Jan. 2, 1971 Jan. 2, 1977 (\6\)
94th-97th....................... S. I. Hayakawa.... Jan. 2, 1977 Jan. 2, 1983 (\7\)
98th-102d....................... Pete Wilson....... Jan. 3, 1983 Jan. 2, 1995 Res. Jan. 7, 1991.
102d............................ John Seymour...... Jan. 7, 1991 Nov. 3, 1992 By gov., to fill vac.
102d-115th...................... Dianne Feinstein.. Nov. 4, 1992 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
31st-33d........................ William M. Gwin... Sept. 9, 1850 Mar. 3, 1855 (\8\)
34th-36th....................... ......do.......... Jan. 13, 1857 Mar. 3, 1861 ......................
37th-39th....................... James A. McDougall Mar. 4, 1861 Mar. 3, 1867 ......................
40th-42d........................ Cornelius Cole.... Mar. 4, 1867 Mar. 3, 1873 ......................
43d-45th........................ Aaron A. Sargent.. Mar. 4, 1873 Mar. 3, 1879 ......................
46th-48th....................... James T. Farley... Mar. 4, 1879 Mar. 3, 1885 ......................
49th-54th....................... Leland Stanford... Mar. 4, 1885 Mar. 3, 1897 Died June 21, 1893.
53d............................. George C. Perkins. July 26, 1893 Jan. 22, 1895 By gov., to fill vac.
53d-63d......................... ......do.......... Jan. 23, 1895 Mar. 3, 1915 ......................
64th-66th....................... James D. Phelan... Mar. 4, 1915 Mar. 3, 1921 ......................
67th-72d........................ Samuel M. Mar. 4, 1921 Mar. 3, 1933 ......................
Shortridge.
73d-75th........................ William Gibbs Mar. 4, 1933 Jan. 2, 1939 Res. Nov. 8, 1938.
McAdoo.
75th............................ Thomas M. Storke.. Nov. 9, 1938 Do. By gov., to fill vac.
76th-81st....................... Sheridan Downey... Jan. 3, 1939 Jan. 2, 1951 Res. Nov. 30, 1950.
81st-84th....................... Richard M. Nixon.. Dec. 1, 1950 Jan 2, 1957 (\9\)
83d............................. Thomas H. Kuchel.. Jan. 2, 1953 Nov. 2, 1954 By gov., to fill vac.
83d-90th........................ ......do.......... Nov. 3, 1954 Jan. 2, 1969 ......................
91st-102d....................... Alan Cranston..... Jan. 3, 1969 Jan. 2, 1993 ......................
103d-114th...................... Barbara Boxer..... Jan. 3, 1993 Jan. 2, 2017 ......................
----------------------------------------------------------------------------------------------------------------
\1\Vacancy from Mar. 4, 1851, to Jan. 30, 1852.
\2\Vacancy from Mar. 4, 1899, to Feb. 7, 1900, because of failure of legislature to elect.
\3\Elected Nov. 7, 1916. Took oath Apr. 2, 1917. Governor during interim, until his resignation on Mar. 15,
1917. Died Aug. 6, 1945.
\4\Resigned Dec. 31, 1964.
\5\Elected to full term beginning Jan. 3, 1965; subsequently appointed by governor to fill vacancy in term
ending Jan. 2, 1965. Resigned Jan. 1, 1971.
\6\Elected to full term beginning Jan. 3, 1971; subsequently appointed by governor to fill vacancy in term
ending Jan. 2, 1971. Resigned Jan. 1, 1977.
\7\Elected to full term beginning Jan. 3, 1977; subsequently appointed by governor to fill vacancy in term
ending Jan. 2, 1977.
\8\Vacancy from Mar. 4, 1855, to Jan. 12, 1857, because of failure of legislature to elect.
\9\Elected to full term commencing Jan. 3, 1951; subsequently appointed by governor to fill vacancy in term
ending Jan. 2, 1951. Resigned Nov. 11, 1952, effective Jan. 1, 1953, having been elected Vice President of the
United States for the 42nd term on Nov. 4, 1952.
See footnotes at end of
Colorado table.
1815 1816
COLORADO
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
44th-47th....................... Henry M. Teller... Nov. 15, 1876 Mar. 3, 1883 Res. Apr. 17, 1882.
47th............................ George M. Chilcott Apr. 17, 1882 Jan. 27, 1883 By gov., to fill vac.
47th............................ Horace A. W. Tabor Jan. 27, 1883 Mar. 3, 1883 ......................
48th-50th....................... Thomas M. Bowen... Mar. 4, 1883 Mar. 3, 1889 ......................
51st-56th....................... Edward O. Wolcott. Mar. 4, 1889 Mar. 3, 1901 ......................
57th-59th....................... Thomas M. Mar. 4, 1901 Mar. 3, 1907 ......................
Patterson.
60th-62d........................ Simon Guggenheim.. Mar. 4, 1907 Mar. 3, 1913 ......................
63d-65th........................ John F. Shafroth.. Mar. 4, 1913 Mar. 3, 1919 ......................
66th-71st....................... Lawrence C. Phipps Mar. 4, 1919 Mar. 3, 1931 ......................
72d-74th........................ Edward P. Costigan Mar. 4, 1931 Jan. 2, 1937 ......................
75th-83d........................ Edwin C. Johnson.. Jan. 3, 1937 Jan. 2, 1955 ......................
84th-92d........................ Gordon Allott..... Jan. 3, 1955 Jan. 2, 1973 ......................
93d-95th........................ Floyd K. Haskell.. Jan. 3, 1973 Jan. 2, 1979 ......................
96th-101st...................... William L. Jan. 3, 1979 Jan. 2, 1991
Armstrong.
102d-104th...................... Hank Brown........ Jan. 3, 1991 Jan. 2, 1997 ......................
105th-110th..................... Wayne Allard...... Jan. 3, 1997 Jan. 2, 2009 ......................
111th-113th..................... Mark Udall........ Jan. 3, 2009 Jan. 2, 2015 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
44th-45th....................... Jerome B. Chaffee. Nov. 15, 1876 Mar. 3, 1879 ......................
46th-48th....................... Nathaniel P. Hill. Mar. 4, 1879 Mar. 3, 1885 ......................
49th-60th....................... Henry M. Teller... Mar. 4, 1885 Mar. 3, 1909 ......................
61st-63d........................ Charles J. Hughes, Mar. 4, 1909 Mar. 3, 1915 Died Jan. 11, 1911.
Jr..
62d-66th........................ Charles S. Thomas. Jan. 15, 1913 Mar. 3, 1921 (\1\)
67th-69th....................... Samuel D. Mar. 4, 1921 Mar. 3, 1927 Died Mar. 24, 1923.
Nicholson.
68th............................ Alva B. Adams..... May 17, 1923 Nov. 30, 1924 By gov., to fill vac.
68th-69th....................... Rice W. Means..... Dec. 1, 1924 Mar. 3, 1927 ......................
70th-72d........................ Charles W. Mar. 4, 1927 Mar. 3, 1933 Died Aug. 27, 1932.
Waterman.
72d............................. Walter Walker..... Sept. 26, 1932 Dec. 6, 1932 By gov., to fill vac.
Do............................ Karl C. Schuyler.. Dec. 7, 1932 Mar. 3, 1933 ......................
73d-78th........................ Alva B. Adams..... Mar. 4, 1933 Jan. 2, 1945 Died Dec. 1, 1941.
77th............................ Eugene D. Millikin Dec. 20, 1941 Nov. 3, 1942 By gov., to fill vac.
77th-84th....................... ......do.......... Nov. 4, 1942 Jan. 2, 1957 ......................
85th-87th....................... John A. Carroll... Jan. 3, 1957 Jan. 2, 1963 ......................
88th-93d........................ Peter H. Dominick. Jan. 3, 1963 Jan. 2, 1975 ......................
94th-99th....................... Gary W. Hart...... Jan. 3, 1975 Jan. 2, 1987 ......................
100th-102d...................... Timothy E. Wirth.. Jan. 3, 1987 Jan. 2, 1993
103d-108th...................... Ben Nighthorse Jan. 3, 1993 Jan. 2, 2005 ......................
Campbell.
109th-111th..................... Ken Salazar....... Jan. 3, 2005 Jan. 2, 2011 Res. Jan. 20, 2009.
111th........................... Michael Bennet.... Jan. 21, 2009 Jan. 2, 2011 By gov., to fill vac.
112th-114th..................... ......do.......... Jan. 3, 2011 Jan. 2, 2017 ......................
----------------------------------------------------------------------------------------------------------------
\1\Vacancy from Jan. 11, 1911, to Jan. 14, 1913, because of failure of legislature to elect.
See footnotes at end of
Connecticut table.
1817 1818
CONNECTICUT
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
1st-4th......................... Oliver Ellsworth.. Mar. 4, 1789 Mar. 3, 1797 Res. Mar. 8, 1796.
4th-13th........................ James Hillhouse... May 12, 1796 Mar. 3, 1815 Res. June 10, 1810.
11th-16th....................... Samuel W. Dana.... Dec. 4, 1810 Mar. 3, 1821 ......................
17th-19th....................... Elijah Boardman... Mar. 4, 1821 Mar. 3, 1827 Died Oct. 8, 1823.
18th............................ Henry W. Edwards.. Oct. 8, 1823 May 4, 1824 By gov., to fill vac.
18th-19th....................... ......do.......... May 5, 1824 Mar. 3, 1827 ......................
20th-22d........................ Samuel A. Foot.... Mar. 4, 1827 Mar. 3, 1833 ......................
23d-25th........................ Nathan Smith...... Mar. 4, 1833 Mar. 3, 1839 Died Dec. 6, 1835.
24th............................ John M. Niles..... Dec. 14, 1835 May 3, 1836 By gov., to fill vac.
24th-25th....................... ......do.......... May 4, 1836 Mar. 3, 1839 ......................
26th-28th....................... Thaddeus Betts.... Mar. 4, 1839 Mar. 3, 1845 Died Apr. 7, 1840.
26th-31st....................... Jabez W. May 4, 1840 Mar. 3, 1851 Died Nov. 2, 1847.
Huntington.
30th............................ Roger S. Baldwin.. Nov. 11, 1847 May 2, 1848 By gov., to fill vac.
30th-31st....................... ......do.......... May 3, 1848 Mar. 3, 1851 ......................
32d-34th........................ Isaac Toucey...... May 12, 1852 Mar. 3, 1857 (\1\)
35th-40th....................... James Dixon....... Mar. 4, 1857 Mar. 3, 1869 ......................
41st-43d........................ William A. Mar. 4, 1869 Mar. 3, 1875 Died Feb. 5, 1875.
Buckingham.
43d............................. William W. Eaton.. Feb. 5, 1875 Do. By gov., to fill vac.
44th-46th....................... ......do.......... Mar. 4, 1875 Mar. 3, 1881 ......................
47th-58th....................... Joseph R. Hawley.. Mar. 4, 1881 Mar. 3, 1905 ......................
59th-61st....................... Morgan G. Bulkeley Mar. 4, 1905 Mar. 3, 1911 ......................
62d-70th........................ George P. McLean.. Mar. 4, 1911 Mar. 3, 1929 ......................
71st-73d........................ Frederic C. Mar. 4, 1929 Jan. 2, 1935 ......................
Walcott.
74th-79th....................... Francis Maloney... Jan. 3, 1935 Jan. 2, 1947 Died Jan. 16, 1945.
79th............................ Thomas C. Hart.... Feb. 15, 1945 Nov. 5, 1946 By gov., to fill vac.
80th-82d........................ Raymond E. Baldwin Dec. 27, 1946 Jan. 2, 1953 (\2\)
81st............................ William Benton.... Dec. 17, 1949 Nov. 7, 1950 By gov., to fill vac.
81st-82d........................ ......do.......... Nov. 8, 1950 Jan. 2, 1953 ......................
83d-85th........................ William A. Purtell Jan. 3, 1953 Jan. 2, 1959 ......................
86th-91st....................... Thomas J. Dodd.... Jan. 3, 1959 Jan. 2, 1971 ......................
92d-100th....................... Lowell P. Weicker, Jan. 3, 1971 Jan. 2, 1989 ......................
Jr..
101st-112th..................... Joseph I. Jan. 3, 1989 Jan. 2, 2013 ......................
Lieberman.
113th-115th..................... Christopher Murphy Jan. 3, 2013 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
1st-3d.......................... William S. Johnson Mar. 4, 1789 Mar. 3, 1795 Res. Mar. 4, 1791.
2d-3d........................... Roger Sherman..... June 13, 1791 Do. Died July 23, 1793.
3d.............................. Stephen M. Dec. 2, 1793 Do. ......................
Mitchell.
4th-6th......................... Jonathan Trumbull. Mar. 4, 1795 Mar. 3, 1801 Res. June 10, 1796.
4th-12th........................ Uriah Tracy....... Oct. 13, 1796 Mar. 3, 1813 Died July 19, 1807.
10th-15th....................... Chauncey Goodrich. Oct. 25, 1807 Mar. 3, 1819 Res. in May 1813.
13th-15th....................... David Daggett..... May 13, 1813 Do. ......................
16th-18th....................... James Lanman...... Mar. 4, 1819 Mar. 3, 1825 ......................
19th-21st....................... Calvin Willey..... May 4, 1825 Mar. 3, 1831 (\3\)
22d-24th........................ Gideon Tomlinson.. Mar. 4, 1831 Mar. 3, 1837 ......................
25th-27th....................... Perry Smith....... Mar. 4, 1837 Mar. 3, 1843 ......................
28th-30th....................... John M. Niles..... Mar. 4, 1843 Mar. 3, 1849 ......................
31st-33d........................ Truman Smith...... Mar. 4, 1849 Mar. 3, 1855 (\4\)
33d............................. Francis Gillette.. May 25, 1854 Do. ......................
34th-39th....................... Lafayette S. Mar. 4, 1855 Mar. 3, 1867 ......................
Foster.
40th-45th....................... Orris S. Ferry.... Mar. 4, 1867 Mar. 3, 1879 Died Nov. 21, 1875.
44th............................ James E. English.. Nov. 27, 1875 May 17, 1876 By gov., to fill vac.
44th-45th....................... William H. Barnum. May 17, 1876 Mar. 3, 1879 ......................
46th-60th....................... Orville H. Platt.. Mar. 4, 1879 Mar. 3, 1909 Died Apr. 21, 1905.
59th-69th....................... Frank B. Brandegee May 10, 1905 Mar. 3, 1927 (\5\)
68th-72d........................ Hiram Bingham..... Dec. 17, 1924 Mar. 3, 1933 ......................
73d-75th........................ Augustine Lonergan Mar. 4, 1933 Jan. 2, 1939 ......................
76th-78th....................... John A. Danaher... Jan. 3, 1939 Jan. 2, 1945 ......................
79th-84th....................... Brien McMahon..... Jan. 3, 1945 Jan. 2, 1957 Died July 28, 1952.
82d............................. William A. Purtell Aug. 29, 1952 Nov. 4, 1952 By gov., to fill vac.
82d-87th........................ Prescott Bush..... Nov. 5, 1952 Jan. 3, 1963 ......................
88th-96th....................... Abraham Ribicoff.. Jan. 3, 1963 Jan. 2, 1981 ......................
97th-111th...................... Christopher J. Jan. 3, 1981 Jan. 2, 2011 ......................
Dodd.
112th-114th..................... Richard Blumenthal Jan. 3, 2011 Jan. 2, 2017 ......................
----------------------------------------------------------------------------------------------------------------
\1\Vacancy from Mar. 4, 1851, to May 11, 1852, because of failure of governor to appoint.
\2\Elected Nov. 5, 1946, to fill the vacancy in term ending Jan. 2, 1947, and at the same time to the full term
commencing Jan. 3, 1947; took oath Dec. 27, 1946. Governor during interim. Resigned Dec. 16, 1949.
\3\Because the state legislature had failed to elect a senator for the term beginning Mar. 4, 1825, the governor
appointed James Lanman to serve until the legislature was scheduled to meet again in May, but the Senate, on
Mar. 5, 1825, would not permit him to qualify; vacancy from Mar. 4 to May 3, 1825, because of recess of
legislature.
\4\Resigned Apr. 11, 1854, to take effect May 24, 1854.
\5\Died Oct. 14, 1924. Vacancy from Oct. 15 to Dec. 16, 1924, when a successor was elected.
See footnotes at end of
Delaware table.
1819 1820
DELAWARE
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
1st-4th......................... George Read....... Mar. 4, 1789 Mar. 3, 1797 (\1\)
3d-7th.......................... Henry Latimer..... Feb. 7, 1795 Mar. 3, 1803 Res. Feb. 28, 1801.
6th-7th......................... Samuel White...... Feb. 28, 1801 Jan. 13, 1802 By gov., to fill vac.
7th-13th........................ ......do.......... Jan. 14, 1802 Mar. 3, 1815 Died Nov. 4, 1809.
11th-16th....................... Outerbridge Horsey Jan. 12, 1810 Mar. 3, 1821 ......................
17th-19th....................... Caesar A. Rodney.. Jan. 24, 1822 Mar. 3, 1827 (\2\)
18th-19th....................... Thomas Clayton.... Jan. 15, 1824 Do. (\3\)
20th-22d........................ Louis McLane...... Mar. 4, 1827 Mar. 3, 1833 Res. Apr. 16, 1829.
21st-25th....................... Arnold Naudain.... Jan. 7, 1830 Mar. 3, 1839 Res. June 16, 1836.
24th-28th....................... Richard H. Bayard. June 17, 1836 Mar. 3, 1845 (\4\)
29th-31st....................... John M Clayton.... Mar. 4, 1845 Mar. 3, 1851 Res. Feb. 23, 1849.
30th-31st....................... John Wales........ Feb. 23, 1849 Do. ......................
32d-40th........................ James Asheton Mar. 4, 1851 Mar. 3, 1869 Res. Jan. 29, 1864.
Bayard, Jr.
38th-40th....................... George Read Riddle Jan. 29, 1864 Do. Died Mar. 29, 1867.
DELAWARE--Continued
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
40th............................ James Asheton Apr. 5, 1867 Jan. 18, 1869 By gov., to fill vac.
Bayard, Jr.
Do............................ ......do.......... Jan. 19, 1869 Mar. 3, 1869 ......................
41st-49th....................... Thomas F. Bayard, Mar. 4, 1869 Mar. 3, 1887 Res. Mar. 6, 1885.
Sr.
49th-55th....................... George Gray....... Mar. 18, 1885 Mar. 3, 1899 ......................
57th-58th....................... L. Heisler Ball... Mar. 2, 1903 Mar. 3, 1905 (\5\)
59th-64th....................... Henry A. du Pont.. June 13, 1906 Mar. 3, 1917 (\6\)
65th-67th....................... Josiah O. Wolcott. Mar. 4, 1917 Mar. 3, 1923 Res. July 2, 1921.
67th............................ T. Coleman du Pont July 7, 1921 Nov. 6, 1922 By gov., to fill vac.
67th-70th....................... Thomas F. Bayard, Nov. 8, 1922 Mar. 3, 1929 ......................
Jr..
71st-76th....................... John G. Townsend, Mar. 4, 1929 Jan. 2, 1941 ......................
Jr..
77th-79th....................... James M. Tunnell.. Jan 3, 1941 Jan. 2, 1947 ......................
80th-91st....................... John J. Williams.. Jan 3, 1947 Jan. 2, 1971 Res. Dec. 31, 1970
91st-106th...................... William V. Roth, Jan. 1, 1971 Jan. 2, 2001 (\7\)
Jr..
107th-115th..................... Thomas Carper..... Jan. 3, 2001 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
1st-2d.......................... Richard Bassett... Mar. 4, 1789 Mar. 3, 1793 ......................
3d-5th.......................... John Vining....... Mar. 4, 1793 Mar. 3, 1799 Res. Jan. 19, 1798.
5th............................. Joshua Clayton.... Jan. 19, 1798 Do. Died Aug. 11, 1798.
5th-8th......................... William Hill Wells Jan. 17, 1799 Mar. 3, 1805 Res. Nov. 6, 1804.
8th-14th........................ James Asheton Nov. 13, 1804 Mar. 3, 1817 Res. Mar. 3, 1813.
Bayard, Sr.
13th-14th....................... William Hill Wells May 28, 1813 Do. ......................
15th-20th....................... Nicholas Van Dyke. Mar. 4, 1817 Mar. 3, 1829 Died May 21, 1826.
19th............................ Daniel Rodney..... Nov. 8, 1826 Jan. 12, 1827 By gov., to fill vac.
19th-20th....................... Henry M. Ridgely.. Jan. 12, 1827 Mar. 3, 1829
21st-26th....................... John M. Clayton... Mar. 4, 1829 Mar. 3, 1841 Res. Dec. 29, 1836.
24th-29th....................... Thomas Clayton.... Jan. 9, 1837 Mar. 3, 1847
30th-32d........................ Presley Spruance.. Mar. 4, 1847 Mar. 3, 1853
33d-35th........................ John M. Clayton... Mar. 4, 1853 Mar. 3, 1859 Died Nov. 9, 1856.
34th............................ Joseph P. Comegys. Nov. 19, 1856 Jan. 14, 1857 By gov., to fill vac.
34th-35th....................... Martin W. Bates... Jan. 14, 1857 Mar. 3, 1859
36th-41st....................... Willard Saulsbury, Mar. 4, 1859 Mar. 3, 1871
Sr.
42d-50th........................ Eli Saulsbury..... Mar. 4, 1871 Mar. 3, 1889
51st-53d........................ Anthony Higgins... Mar. 4, 1889 Mar. 3, 1895
54th-56th....................... Richard R. Kenney. Jan. 19, 1897 Mar. 3, 1901 (\8\)
57th-59th....................... James F. Allee.... Mar. 2, 1903 Mar. 3, 1907 (\9\)
60th-62d........................ Harry A. Mar. 4, 1907 Mar. 3, 1913
Richardson.
63d-65th........................ Willard Saulsbury, Mar. 4, 1913 Mar. 3, 1919
Jr.
66th-68th....................... L. Heisler Ball... Mar. 4, 1919 Mar. 3, 1925
69th-70th....................... T. Coleman du Pont Mar. 4, 1925 Mar. 3, 1931 Res. Dec. 9, 1928.
70th-71st....................... Daniel O. Hastings Dec. 10, 1928 Nov. 4, 1930 By gov., to fill vac.
71st-74th....................... ......do.......... Nov. 5, 1930 Jan. 2, 1937
75th-77th....................... James H. Hughes... Jan. 3, 1937 Jan. 2, 1943
78th-80th....................... C. Douglass Buck.. Jan. 3, 1943 Jan. 2, 1949
81st-86th....................... J. Allen Frear, Jr Jan. 3, 1949 Jan. 2, 1961
87th-92d........................ J. Caleb Boggs.... Jan. 3, 1961 Jan. 2, 1973
93d-113th....................... Joseph R. Biden, Jan. 3, 1973 Jan. 2, 2015 Res. Jan. 15,
Jr. 2009.\10\
111th........................... Edward E. (Ted) Jan. 16, 2009 Nov. 15, 2010 By gov., to fill vac.
Kaufman.
111th-113th..................... Christopher Coons. Nov. 15, 2010 Jan. 2, 2015
----------------------------------------------------------------------------------------------------------------
\1\Resigned Sept. 18, 1793. Vacancy from Sept. 18, 1793, to Feb. 7, 1795. Kensey Johns was appointed by governor
Mar. 19, 1794, to fill vacancy, but by Senate resolution of Mar. 28, 1794, was declared not entitled to a
seat.
\2\Elected to fill vacancy in term commencing Mar. 4, 1821, and took his seat Jan. 24, 1822; vacancy in this
class from Mar. 4, 1821, to Jan. 23, 1822; resigned Jan. 29, 1823.
\3\Vacancy from Jan. 29, 1823, to Jan. 14, 1824, because of failure of legislature to elect.
\4\Resigned Sept. 19, 1839. Reelected, serving from Jan. 12, 1841, to Mar. 3, 1845. Vacancy from Sept. 19, 1839,
to Jan. 11, 1841.
\5\Vacancy from Mar. 4, 1899, to Mar. 2, 1903, because of failure of legislature to elect.
\6\Vacancy from Mar. 4, 1905, to June 13, 1906, because of failure of legislature to elect.
\7\Elected to full term commencing Jan. 3, 1971; subsequently appointed by governor Jan. 1, 1971, to fill
vacancy in term ending Jan. 2, 1971.
\8\Vacancy from Mar. 4, 1895, to Jan. 19, 1897, because of failure of legislature to elect.
\9\Vacancy from Mar. 4, 1901, to Mar. 2, 1903, because of failure of legislature to elect.
\10\Resigned having been elected Vice President of the United States for the 56th term on Nov. 4, 2008.
1821 1822
FLORIDA
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
29th-31st....................... David Levy Yulee.. July 1, 1845 Mar. 3, 1851 (\1\)
32d-37th........................ Stephen R. Mallory Mar. 4, 1851 Mar. 3, 1863 (\2\)
40th............................ Adonijah S. Welch. June 25, 1868 Mar. 3, 1869 (\3\)
41st-43d........................ Abijah Gilbert.... Mar. 4, 1869 Mar. 3, 1875
44th-49th....................... Charles W. Jones.. Mar. 4, 1875 Mar. 3, 1887
50th-52d........................ Samuel Pasco...... May 19, 1887 Mar. 3, 1893 (\4\)
53d............................. ......do.......... Mar. 4, 1893 Apr. 19, 1893 By gov., to fill vac.
53d-55th........................ ......do.......... Apr. 20, 1893 Mar. 3, 1899
56th............................ ......do.......... Mar. 4, 1899 Apr. 18, 1899 Do.
56th-58th....................... James P. Apr. 19, 1899 Mar. 3, 1905
Taliaferro.
59th............................ ......do.......... Mar. 4, 1905 Apr. 19, 1905 Do.
59th-61st....................... ......do.......... Apr. 20, 1905 Mar. 3, 1911
62d............................. Nathan P. Bryan... Mar. 4, 1911 Apr. 18, 1911 Do.
62d-64th........................ ......do.......... Apr. 19, 1911 Mar. 3, 1917
65th-76th....................... Park Trammell..... Mar. 4, 1917 Jan. 2, 1941 Died May 8, 1936.
74th............................ Scott M. Loftin... May 26, 1936 Nov. 3, 1936 By gov., to fill vac.
74th-79th....................... Charles O. Andrews Nov. 4, 1936 Jan. 2, 1947 Died Sept. 18, 1946
79th............................ Spessard L. Sept. 25, 1946 Nov. 5, 1946 By gov., to fill vac.
Holland.
79th-91st....................... ......do.......... Nov. 6, 1956 Jan. 2, 1971 ......................
92d-100th....................... Lawton Chiles..... Jan. 3, 1971 Jan. 2, 1989 ......................
101st-106th..................... Connie Mack....... Jan. 3, 1989 Jan. 2, 2001 ......................
107th-115th..................... Bill Nelson....... Jan. 3, 2001 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
29th-30th....................... James D. Westcott, July 1, 1845 Mar. 3, 1849
Jr..
31st-33d........................ Jackson Morton.... Mar. 4, 1849 Mar. 3, 1855
34th-36th....................... David L. Yulee.... Mar. 4, 1855 Mar. 3, 1861 (\5\)
40th-42d........................ Thomas W. Osborn.. June 25, 1868 Mar. 3, 1873 (\6\)
43d-45th........................ Simon B. Conover.. Mar. 4, 1873 Mar. 3, 1879
46th-54th....................... Wilkinson Call.... Mar. 4, 1879 Mar. 3, 1897
55th-57th....................... Stephen R. Mallory May 15, 1897 Mar. 3, 1903 (\7\)
58th............................ ......do.......... Mar. 4, 1903 Apr. 21, 1903 By gov., to fill vac.
58th-60th....................... ......do.......... Apr. 22, 1903 Mar. 3, 1909 Died Dec. 23, 1907.
60th............................ William J. Bryan.. Dec. 26, 1907 Do. (\8\)
Do............................ William H. Milton. Mar. 27, 1908 Do. By gov., to fill vac.
61st............................ Duncan U. Fletcher Mar. 4, 1909 Apr. 20, 1909 By gov., to fill vac.
61st-75th....................... ......do.......... Apr. 21, 1909 Jan. 2, 1939 Died June 17, 1936.
74th............................ William L. Hill... July 1, 1936 Nov. 3, 1936 By gov., to fill vac.
74th-81st....................... Claude Pepper..... Nov. 4, 1936 Jan. 2, 1951
82d-90th........................ George A. Smathers Jan. 3, 1951 Jan. 2, 1969
91st-93d........................ Edward J. Gurney.. Jan. 3, 1969 Jan. 2, 1975 Res. Dec. 31, 1974.
93d-96th........................ Richard (Dick) Jan. 1, 1975 Jan. 2, 1981 (\9\)
Stone.
96th-99th....................... Paula Hawkins..... Jan. 1, 1981 Jan. 2, 1987 (\10\)
100th-108th..................... Bob Graham........ Jan. 3, 1987 Jan. 2, 2005
109th-111th..................... Mel Martinez...... Jan. 3, 2005 Jan. 2, 2011 Res. Sep. 9, 2009.
111th........................... George LeMieux.... Sep. 9, 2009 Jan. 2, 2011 By gov., to fill vac.
112th-114th..................... Marco Rubio....... Jan. 3, 2011 Jan. 2, 2017
----------------------------------------------------------------------------------------------------------------
\1\Joint credentials of David Levy and James D. Westcott, Jr., dated July 1, 1845. Name David Levy changed to
David Levy Yulee by an act of the legislature of Florida (Sen. Jour., Jan. 12, 1846).
\2\Withdrew from the Senate Jan. 21, 1861. Seat declared vacant Mar. 14, 1861. Because of Civil War, vacancy
from Jan. 21, 1861, to June 25, 1868, when Florida was readmitted to representation. Wilkinson Call presented
credentials of an election held on Dec. 29, 1865, but was not seated.
\3\By legislature, to fill vacancy in term beginning Mar. 4, 1863. Seated July 2, 1868.
\4\Vacancy from Mar. 4 to May 19, 1887; Jesse J. Finley was appointed on Feb. 28, 1887, but never qualified for
the reason that President pro tempore Ingalls held that the appointment having been anticipated was not valid;
a successor was elected.
\5\Withdrew from the Senate Jan. 21, 1861. Because of Civil War, vacancy from Jan. 21, 1861, to June 25, 1868,
when Florida was readmitted to representation. William Marvin presented credentials of an election held on
Dec. 29, 1865, for term ending Mar. 3, 1867, and of an election held on Nov. 28, 1866, for term commencing
Mar. 4, 1867, but was not seated.
\6\By legislature, to fill vacancy in term beginning Mar. 4, 1867. Seated June 30, 1868.
\7\Vacancy from Mar. 4 to May 24, 1897. John A. Henderson was appointed by the governor on Mar. 6, 1897, but was
not seated.
\8\By governor, to fill vacancy. Died Mar. 22, 1908.
\9\Elected to full term beginning Jan. 3, 1975; subsequently appointed by governor to fill vacancy in term
ending Jan. 2, 1975. Resigned Dec. 31, 1980.
\10\Elected to full term beginning Jan. 3, 1981; subsequently appointed by governor to fill vacancy in term
ending Jan. 2, 1981.
See footnotes at end of
Georgia table.
1823 1824
GEORGIA
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
1st-2d.......................... William Few....... Mar. 4, 1789 Mar. 3, 1793
2d-5th.......................... James Jackson..... Mar. 4, 1793 Mar. 3, 1799 Res. in 1795.
3d.............................. George Walton..... Nov. 16, 1795 Feb. 20, 1796 By gov., to fill vac.
4th-5th......................... Josiah Tatnall.... Feb. 20, 1796 Mar. 3, 1799
6th-11th........................ Abraham Baldwin... Mar. 4, 1799 Mar. 3, 1811 Died Mar. 4, 1807.
10th............................ George Jones...... Aug. 27, 1807 Nov. 7, 1807 By gov., to fill vac.
10th-14th....................... William H. Nov. 7, 1807 Mar. 3, 1817 Res. Mar. 23, 1813.
Crawford.
13th............................ William B. Bulloch Apr. 8, 1813 Nov. 6, 1813 By gov., to fill vac.
13th-14th....................... William Wyatt Bibb Nov. 6, 1813 Mar. 3, 1817 Res. Nov. 9, 1816.
14th-17th....................... George Michael Nov. 13, 1816 Mar. 3, 1823 Res. Sept. 23, 1818.
Troup.
15th-17th....................... John Forsyth...... Nov. 23, 1818 Do. (\1\)
16th-17th....................... Freeman Walker.... Nov. 6, 1819 Do. Res. Aug. 8, 1821.
17th-20th....................... Nicholas Ware..... Nov. 10, 1821 Mar. 3, 1829 Died Sept. 7, 1824.
18th-20th....................... Thomas W. Cobb.... Dec. 6, 1824 Do. Res. in 1828.
20th............................ Oliver H. Prince.. Nov. 7, 1828 Do.
21st-23d........................ George Michael Mar. 4, 1829 Mar. 3, 1835 Res. Nov. 8, 1833.
Troup.
23d-26th........................ John Pendleton Nov. 21, 1833 Mar. 3, 1841 Res. Nov. 1, 1837.
King.
25th-26th....................... Wilson Lumpkin.... Nov. 22, 1837 Do.
27th-29th....................... John Macpherson Mar. 4, 1841 Mar. 3, 1847 Res. May 1845.
Berrien.
29th............................ ......do.......... Nov. 14, 1845 Do.
30th-32d........................ ......do.......... Nov. 13, 1847 Mar. 3, 1853 Res. May 28, 1852.\2\
32d............................. Robert M. Charlton May 31, 1852 Do. By gov., to fill vac.
33d-38th........................ Robert Toombs..... Mar. 4, 1853 Mar. 3, 1865 (\3\)
40th-41st....................... Homer V. M. Miller Feb. 24, 1871 Mar. 3, 1871 (\4\)
42d-44th........................ Thomas M. Norwood. Nov. 14, 1871 Mar. 3, 1877 (\5\)
45th-47th....................... Benjamin H. Hill.. Mar. 4, 1877 Mar. 3, 1883 Died Aug. 16, 1882.
47th............................ Pope Barrow....... Nov. 15, 1882 Do. ......................
48th-53d........................ Alfred H. Colquitt Mar. 4, 1883 Mar. 3, 1895 Died Mar. 26, 1894.
53d............................. Patrick Walsh..... Apr. 2, 1894 Nov. 6, 1894 By gov., to fill vac.
Do.......................... ......do.......... Nov. 7, 1894 Mar. 3, 1895 ......................
54th-59th....................... Augustus O. Bacon. Mar. 4, 1895 Mar. 3, 1907 ......................
60th............................ ......do.......... Mar. 4, 1907 July 8, 1907 Do.
60th-62d........................ ......do.......... July 9, 1907 Mar. 3, 1913 ......................
63d............................. ......do.......... Mar. 4, 1913 July 9, 1913 Do.
63d-65th........................ ......do.......... July 10, 1913 Mar. 3, 1919 Died Feb. 14, 1914.
63d............................. William S. West... Mar. 2, 1914 Nov. 3, 1914 By gov., to fill vac.
63d-65th........................ Thomas W. Hardwick Nov. 4, 1914 Mar. 3, 1919 ......................
66th-74th....................... William J. Harris. Mar. 4, 1919 Jan. 2, 1937 Died Apr. 18, 1932.
72d............................. John S. Cohen..... Apr. 25, 1932 Jan. 11, 1933 By gov., to fill vac.
72d-92d......................... Richard B. Russell Jan. 12, 1933 Jan. 2, 1973 Died Jan. 21, 1971.
92d............................. David H. Gambrell. Feb. 1, 1971 Nov. 7, 1972 By gov., to fill vac.
92d-104th....................... Sam Nunn.......... Nov. 8, 1972 Jan. 2, 1997 (\6\)
105th-107th..................... Max Cleland....... Jan. 3, 1997 Jan. 2, 2003
108th-113th..................... Saxby Chambliss... Jan. 3, 2003 Jan. 2, 2015 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
1st-6th......................... James Gunn........ Mar. 4, 1789 Mar. 3, 1801 ......................
7th-9th......................... James Jackson..... Mar. 4, 1801 Mar. 3, 1807 Died Mar. 19, 1806.
9th-12th........................ John Milledge..... June 19, 1806 Mar. 3, 1813 Res. Nov. 14, 1809.
11th-15th....................... Charles Tait...... Nov. 27, 1809 Mar. 3, 1819 ......................
16th-18th....................... John Elliott...... Mar. 4, 1819 Mar. 3, 1825 ......................
19th-21st....................... John Macpherson Mar. 4, 1825 Mar. 3, 1831 Res. Mar. 9, 1829.
Berrien.
21st-24th....................... John Forsyth...... Nov. 9, 1829 Mar. 3, 1837 Res. June 27, 1834.
23d-27th........................ Alfred Cuthbert... Jan 12, 1835 Mar. 3, 1843 ......................
28th-30th....................... Walter T. Colquitt Mar. 4, 1843 Mar. 3, 1849 Res. Feb. 1848.
30th............................ Herschel V. Feb. 4, 1848 Do. By gov., to fill
Johnson. vac.\7\
31st-33d........................ William C. Dawson. Mar. 4, 1849 Mar. 3, 1855 ......................
34th-36th....................... Alfred Iverson.... Mar. 4, 1855 Mar. 3, 1861 (\8\)
40th-42d........................ Joshua Hill....... Feb. 1, 1871 Mar. 3, 1873 (\9\)
43d-48th........................ John B. Gordon.... Mar. 4, 1873 Mar. 3, 1885 (\10\)
46th............................ Joseph E. Brown... May 26, 1880 Nov. 15, 1880 By gov., to fill vac.
46th-51st....................... ......do.......... Nov. 16, 1880 Mar. 3, 1891 ......................
52d-54th........................ John B. Gordon.... Mar. 4, 1891 Mar. 3, 1897 ......................
55th-63d........................ Alexander S. Clay. Mar. 4, 1897 Mar. 3, 1915 Died Nov. 13, 1910.
61st-63d........................ Joseph M. Terrell. Nov. 17, 1910 Do. (\11\)
62d-66th........................ Hoke Smith........ Nov. 16, 1911 Mar. 3, 1921 (\12\)
67th-69th....................... Thomas E. Watson.. Mar. 4, 1921 Mar. 3, 1927 Died Sept. 26, 1922.
67th............................ Rebecca L. Felton. Oct. 3, 1922 Nov. 21, 1922 By gov., to fill vac.
GEORGIA--Continued
Class 3
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
67th-84th....................... Walter F. George.. Nov. 22, 1922 Jan. 2, 1957 ......................
85th-96th....................... Herman E. Talmadge Jan. 3, 1957 Jan. 2, 1981
97th-99th....................... Mack Mattingly.... Jan. 3, 1981 Jan. 2, 1987
100th-102d...................... Wyche Fowler, Jr.. Jan. 3, 1987 Jan. 2, 1993
103d-108th...................... Paul Coverdell.... Jan 3, 1993 Jan. 2, 2005 Died July 18, 2000.
106th........................... Zell Bryan Miller. July 24, 2000 Nov. 6, 2000 By gov., to fill vac.
106th-108th..................... ......do.......... Nov. 7, 2000 Jan. 2, 2005
109th-114th..................... Johnny Isakson.... Jan. 3, 2005 Jan. 2, 2017
----------------------------------------------------------------------------------------------------------------
\1\Elected Nov. 7, 1818. Served in House during interim. Resigned Feb. 17, 1819.
\2\Vacancy from Mar. 4 to Nov. 12, 1847, because of failure of legislature to elect.
\3\Withdrew from the Senate Feb. 4, 1861. Seat declared vacant Mar. 14, 1861. Because of Civil War, vacancy from
Feb. 4, 1861, to Feb. 23, 1871.
\4\Miller was elected July 28, 1868. His credentials were challenged, however, and he was not seated until Feb.
24, 1871.
\5\Vacancy from Mar. 4 to Nov. 13, 1871. Foster Blodgett presented credentials, but was not permitted to
qualify, and on Dec. 19, 1871, was adjudged not elected in accordance with the Constitution.
\6\Elected Nov. 7, 1972, to fill vacancy in term ending Jan. 2, 1973, and also to full term ending Jan. 2, 1979.
\7\Senator-elect in 1866, but was not permitted to qualify.
\8\Withdrew from Senate Jan. 28, 1861. Because of Civil War, vacancy from Jan. 28, 1861, to Jan. 31, 1871.
\9\Elected July 28, 1868, to fill vacancy in term beginning Mar. 4, 1867; credentials challenged; took oath Feb.
1, 1871.
\10\Tendered resignation May 14, 1880, effective May 26, 1880.
\11\By governor, to fill vacancy. Resigned July 14, 1911.
\12\Elected July 12, 1911. Took oath Dec. 4, 1911. Governor during interim.
1825 1826
HAWAII
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
86th-94th....................... Hiram L. Fong..... Aug. 21, 1959 Jan. 2, 1977 ......................
95th-103d....................... Spark M. Matsunaga Jan. 3, 1977 Jan. 2, 1995 Died Apr. 15, 1990.
101st........................... Daniel K. Akaka... May 16, 1990 Nov. 6, 1990 By gov., to fill vac.
101st-112th..................... ......do.......... Nov. 7, 1990 Jan. 2, 2013 ......................
113th-115th..................... Mazie Hirono...... Jan. 3, 2013 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
86th-87th....................... Oren E. Long...... Aug. 21, 1959 Jan. 2, 1963 ......................
88th-114th...................... Daniel K. Inouye.. Jan. 3, 1963 Jan. 2, 2017 Died Dec. 17, 2012.
112th-113th..................... Brian Schatz...... Dec. 26, 2012 Nov. 4, 2014 By gov., to fill vac.
----------------------------------------------------------------------------------------------------------------
See footnotes at end of
Idaho table.
1827 1828
IDAHO
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
51st-56th....................... George L. Shoup... Dec. 18, 1890 Mar. 3, 1901 ......................
57th-59th....................... Fred T. Dubois.... Mar. 4, 1901 Mar. 3, 1907 ......................
60th-77th....................... William E. Borah.. Mar. 4, 1907 Jan. 2, 1943 Died Jan. 19, 1940.
76th............................ John Thomas....... Jan. 27, 1940 Nov. 5, 1940 By gov., to fill vac.
76th-80th....................... ......do.......... Nov. 6, 1940 Jan. 2, 1949 Died Nov. 10, 1945.
79th............................ Charles C. Gossett Nov. 17, 1945 Nov. 5, 1946 By gov., to fill vac.
80th............................ Henry C. Dworshak. Nov. 6, 1946 Jan. 2, 1949 ......................
81st-83d........................ Bert H. Miller.... Jan. 3, 1949 Jan. 2, 1955 Died Oct. 8, 1949.
81st.......................... Henry C. Dworshak. Oct. 14, 1949 Nov. 6, 1950 By gov., to fill vac.
81st-89th....................... ......do.......... Nov. 7, 1950 Jan. 2, 1967 Died July 23, 1962.
87th............................ Len B. Jordan..... Aug. 6, 1962 Nov. 6, 1962 By gov., to fill vac.
87th-92d........................ ......do.......... Nov. 7, 1962 Jan. 2, 1973 ......................
93d-101st....................... James A. McClure.. Jan. 3, 1973 Jan. 2, 1991 ......................
IDAHO--Continued
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
102d-110th...................... Larry E. Craig.... Jan. 3, 1991 Jan. 2, 2009
111th-113th..................... Jim Risch......... Jan, 3, 2009 Jan 2. 2015 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
51st............................ William J. Dec. 18, 1890 Mar. 3, 1891 ......................
McConnell.
52d-54th........................ Fred T. Dubois.... Mar. 4, 1891 Mar. 3, 1897 ......................
55th-57th....................... Henry Heitfeld.... Mar. 4, 1897 Mar. 3, 1903 ......................
58th-63d........................ Weldon B. Heyburn. Mar. 4, 1903 Mar. 3, 1915 Died Oct. 17, 1912.
62d............................. Kirtland I. Perky. Nov. 18, 1912 Feb. 5, 1913 By gov., to fill vac.
62d-66th........................ James H. Brady.... Feb. 6, 1913 Mar. 3, 1921 Died Jan. 13, 1918.
65th............................ John F. Nugent.... Jan. 22, 1918 Nov. 4, 1918 By gov., to fill vac.
66th............................ ......do.......... Nov. 5, 1918 Mar. 3, 1921 Res. Jan 14, 1921.
66th-72d........................ Frank R. Gooding.. Jan. 15, 1921 Mar. 3, 1933 (\1\)
70th............................ John Thomas....... June 30, 1928 Nov. 5, 1928 By gov., to fill vac.
70th-72d........................ ......do.......... Nov. 6, 1928 Mar. 3, 1933 ......................
73d-75th........................ James P. Pope..... Mar. 4, 1933 Jan. 2, 1939 ......................
76th-78th....................... D. Worth Clark.... Jan. 3, 1939 Jan. 2, 1945 ......................
79th-81st....................... Glen H. Taylor.... Jan. 3, 1945 Jan. 2, 1951 ......................
82d-84th........................ Herman Welker..... Jan. 3, 1951 Jan. 2, 1957 ......................
85th-96th....................... Frank Church...... Jan. 3, 1957 Jan. 2, 1981 ......................
97th-102d....................... Steven D. Symms... Jan. 3, 1981 Jan. 2, 1993 ......................
103d-105th...................... Dirk Kempthorne... Jan. 3, 1993 Jan. 2, 1999 ......................
106th-114th..................... Mike Crapo........ Jan. 3, 1999 Jan. 2, 2017 ......................
----------------------------------------------------------------------------------------------------------------
\1\Elected to full term commencing Mar. 4, 1921; subsequently appointed by governor to fill vacancy in term
ending Mar. 3, 1921. Died June 24, 1928.
See footnotes at end of
Illinois table.
1829 1830
ILLINOIS
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
15th-20th....................... Jesse B. Thomas... Dec. 3, 1818 Mar. 3, 1829 ......................
21st-23d........................ John McLean....... Mar. 4, 1829 Mar. 3, 1835 Died Oct. 14, 1830.
21st............................ David J. Baker.... Nov. 12, 1830 Dec. 11, 1830 By gov., to fill vac.
21st-26th....................... John M. Robinson.. Dec. 11, 1830 Mar. 3, 1841 ......................
27th-29th....................... Samuel McRoberts.. Mar. 4, 1841 Mar. 3, 1847 Died Mar. 27, 1843.
28th............................ James Semple...... Aug. 16, 1843 Dec. 10, 1844 By gov., to fill vac.
28th-29th....................... ......do.......... Dec. 11, 1844 Mar. 3, 1847 ......................
30th-38th....................... Stephen A. Douglas Mar. 4, 1847 Mar. 3, 1865 Died June 3, 1861.
37th............................ Orville H. June 26, 1861 Jan. 12, 1863 By gov., to fill vac.
Browning.
37th-38th....................... William A. Jan. 12, 1863 Mar. 3, 1865 ......................
Richardson.
39th-41st....................... Richard Yates..... Mar. 4, 1865 Mar. 3, 1871 ......................
42d-44th........................ John A. Logan..... Mar. 4, 1871 Mar. 3, 1877 ......................
45th-47th....................... David Davis....... Mar. 4, 1877 Mar. 3, 1883 ......................
48th-62d........................ Shelby M. Cullom.. Mar. 4, 1883 Mar. 3, 1913 ......................
63d-65th........................ James Hamilton Mar. 26, 1913 Mar. 3, 1919 (\1\)
Lewis.
66th-68th....................... Medill McCormick.. Mar. 4, 1919 Mar. 3, 1925 Died Feb. 25, 1925.
68th-71st....................... Charles S. Deneen. Feb. 26, 1925 Mar. 3, 1931 (\2\)
72d-77th........................ James Hamilton Mar. 4, 1931 Jan. 2, 1943 Died Apr. 9, 1939.
Lewis.
76th............................ James M. Slattery. Apr. 14, 1939 Nov. 21, 1940 By gov., to fill vac.
76th-80th....................... C. Wayland Brooks. Nov. 22, 1940 Jan. 2, 1949 ......................
81st-89th....................... Paul H. Douglas... Jan. 3, 1949 Jan. 2, 1967 ......................
90th-98th....................... Charles H. Percy.. Jan. 3, 1967 Jan. 2, 1985 ......................
99th-104th...................... Paul Simon........ Jan. 3, 1985 Jan. 2, 1997 ......................
105th-113th..................... Richard J. Durbin. Jan. 3, 1997 Jan. 2, 2015 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
15th-18th....................... Ninian Edwards.... Dec. 3, 1818 Mar. 3, 1825 Res. Mar. 4, 1824.
18th............................ John McLean....... Nov. 23, 1824 Do. ......................
19th-24th....................... Elias K. Kane..... Mar. 4, 1825 Mar. 3, 1837 Died Dec. 11, 1835.
24th............................ William Lee D. Dec. 30, 1835 Do. ......................
Ewing.
25th-27th....................... Richard M. Young.. Mar. 4, 1837 Mar. 3, 1843 ......................
ILLINOIS--Continued
Class 3
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
28th-30th....................... Sidney Breese..... Mar. 4, 1843 Mar. 3, 1849 ......................
31st-33d........................ James Shields..... Oct. 27, 1849 Mar. 3, 1855 (\3\)
34th-42d........................ Lyman Trumbull.... Mar. 4, 1855 Mar. 3, 1873 ......................
43d-45th........................ Richard J. Oglesby Mar. 4, 1873 Mar. 3, 1879 ......................
46th-51st....................... John A. Logan..... Mar. 4, 1879 Mar. 3, 1891 Died Dec. 26, 1886.
49th-51st....................... Charles B. Farwell Jan. 19, 1877 Do. ......................
52d-54th........................ John McAuley Mar. 4, 1891 Mar. 3, 1897 ......................
Palmer.
55th-57th....................... William E. Mason.. Mar. 4, 1897 Mar. 3, 1903 ......................
58th-60th....................... Albert J. Hopkins. Mar. 4, 1903 Mar. 3, 1909 ......................
61st-63d........................ William Lorimer... June 18, 1909 Mar. 3, 1915 (\4\)
63d............................. Lawrence Y. Mar. 26, 1913 Do. (\5\)
Sherman.
64th-66th....................... ......do.......... Mar. 4, 1915 Mar. 3, 1921 ......................
67th-69th....................... William B. Mar. 4, 1921 Mar. 3, 1927 Died Dec. 7, 1926.
McKinley.
70th-72d........................ Frank L. Smith.... Mar. 4, 1927 Mar. 3, 1933 (\6\)
71st-72d........................ Otis F. Glenn..... Dec. 3, 1928 Do. ......................
73d-75th........................ William H. Mar. 4, 1933 Jan. 2, 1939 ......................
Dieterich.
76th-81st....................... Scott W. Lucas.... Jan. 3, 1939 Jan. 2, 1951 ......................
82d-93d......................... Everett McKinley Jan. 3, 1951 Jan. 2, 1975 Died Sept. 7, 1969.
Dirksen.
91st............................ Ralph Tyler Smith. Sept. 17, 1969 Nov. 16, 1970 By gov., to fill vac.
91st-96th....................... Adlai E. Stevenson Nov. 17, 1970 Jan. 2, 1981 (\7\)
III.
97th-102d....................... Alan J. Dixon..... Jan. 3, 1981 Jan. 2, 1993 ......................
103d-105th...................... Carol Moseley- Jan. 3, 1993 Jan. 2, 1999 ......................
Braun.
106th-108th..................... Peter G. Jan. 3, 1999 Jan. 2, 2005 ......................
Fitzgerald.
109th-111th..................... Barack Obama...... Jan. 3, 2005 Jan. 2, 2011 Res. Nov. 16, 2008.\8\
111th........................... Roland Burris..... Jan. 12, 2009 Nov. 29, 2010 By gov., to fill
vac.\9\
111th-114th..................... Mark Kirk......... Nov. 29, 2010 Jan. 2, 2017 (\10\)
----------------------------------------------------------------------------------------------------------------
\1\Vacancy from Mar. 4 to Mar. 25, 1913, because of recess of legislature.
\2\Elected Nov. 4, 1924, for full term commencing Mar. 4, 1925; subsequently appointed by governor to fill
vacancy in term ending Mar. 3, 1925.
\3\Elected for term commencing Mar. 4, 1849; took his seat on Mar. 6, 1849, but on Mar. 15, 1849, the Senate
declared his election void on the ground that he had not been a citizen of the United States the number of
years required by the Constitution; immediately elected for the same term. Vacancy from Mar. 16 to Oct. 27,
1849.
\4\Vacancy from Mar. 4 to May 27, 1909, because of failure of legislature to elect, and also from May 27 to June
17, 1909, because Mr. Lorimer did not resign his seat in the House of Representatives until the last named
date. Election declared invalid July 13, 1912.
\5\Vacancy from July 14, 1912, to Mar. 25, 1913, because of recess of legislature.
\6\By governor, to fill vacancy, Dec. 16, 1926. Oath not administered. Elected for term beginning Mar. 4, 1927,
but was not permitted to qualify. Resignation sent to governor of Illinois, Feb. 9, 1928. Vacancy from Dec. 8,
1926, to Dec. 2. 1928.
\7\Elected Nov. 3, 1970, to fill vacancy in term ending Jan. 2, 1975.
\8\Resigned Nov. 16, 2008, having been elected President of the United States for the 56th term on Nov. 4, 2008.
Vacancy from Nov. 17, 2008, to Jan. 11, 2009.
\9\Appointed Dec. 31, 2008, to fill vacancy in term ending Jan. 2, 2011, but credentials were not found to be in
order until Jan. 12, 2009.
\10\Elected in a special election to fill remainder of term ending Jan. 2, 2011, and simultaneously elected to
full term beginning Jan. 3, 2011.
See footnotes at end of
Indiana table.
1831 1832
INDIANA
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
14th-22d........................ James Noble....... Dec. 11, 1816 Mar. 3, 1833 Died Feb. 26, 1831.
22d............................. Robert Hanna...... Aug. 19, 1831 Jan. 3, 1832 By gov., to fill vac.
22d-25th........................ John Tipton....... Jan. 4, 1832 Mar. 3, 1839 ......................
26th-28th....................... Albert S. White... Mar. 4, 1839 Mar. 3, 1845 ......................
29th-37th....................... Jesse D. Bright... Mar. 4, 1845 Mar. 3, 1863 Exp. Feb. 5, 1862.
37th............................ Joseph A. Wright.. Feb. 24, 1862 Jan. 14, 1863 By gov., to fill vac.
Do............................ David Turpie...... Jan. 14, 1863 Mar. 3, 1863 ......................
37th-40th....................... Thomas A. Mar. 4, 1863 Mar. 3, 1869 ......................
Hendricks.
41st-43d........................ Daniel D. Pratt... Mar. 4, 1869 Mar. 3, 1875 ......................
44th-46th....................... Joseph E. McDonald Mar. 4, 1875 Mar. 3, 1881 ......................
47th-49th....................... Benjamin Harrison. Mar. 4, 1881 Mar. 3, 1887 ......................
50th-55th....................... David Turpie...... Mar. 4, 1887 Mar. 3, 1899 ......................
56th-61st....................... Albert J. Mar. 4, 1899 Mar. 3, 1911 ......................
Beveridge.
62d-64th........................ John W. Kern...... Mar. 4, 1911 Mar. 3, 1917 ......................
65th-67th....................... Harry S. New...... Mar. 4, 1917 Mar. 3, 1923 ......................
68th-70th....................... Samuel M. Ralston. Mar. 4, 1923 Mar. 3, 1929 Died Oct. 14, 1925.
69th............................ Arthur R. Robinson Oct. 20, 1925 Nov. 2, 1926 By gov., to fill vac.
69th-73d........................ ......do.......... Nov. 3, 1926 Jan. 2, 1935 ......................
74th-76th....................... Sherman Minton.... Jan. 3, 1935 Jan. 2, 1941 ......................
77th-79th....................... Raymond E. Willis. Jan. 3, 1941 Jan. 2, 1947 ......................
80th-85th....................... William E. Jenner. Jan. 3, 1947 Jan. 2, 1959 ......................
86th-94th....................... Vance Hartke...... Jan. 3, 1959 Jan. 2, 1977 ......................
95th-112th...................... Richard G. Lugar.. Jan. 3, 1977 Jan. 2, 2013
13th-115th...................... Joe Donnelly...... Jan. 3, 2013 Jan. 2, 2019
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
14th-18th....................... Waller Taylor..... Dec. 11, 1816 Mar. 3, 1825 ......................
19th-24th....................... William Hendricks. Mar. 4, 1825 Mar. 3, 1837 ......................
25th-27th....................... Oliver H. Smith... Mar. 4, 1837 Mar. 3, 1843 ......................
28th-30th....................... Edward A. Hannegan Mar. 4, 1843 Mar. 3, 1849 ......................
31st-33d........................ James Whitcomb.... Mar. 4, 1849 Mar. 3, 1855 Died Oct. 4, 1852.
32d............................. Charles W. Nov. 23, 1852 Jan. 11, 1853 By gov., to fill vac.
Cathcart.
32d-33d......................... John Petit........ Jan. 11, 1853 Mar. 3, 1855 ......................
34th-36th....................... Graham N. Fitch... Feb. 4, 1857 Mar. 3, 1861 (\1\)
37th-39th....................... Henry S. Lane..... Mar. 4, 1861 Mar. 3, 1867 ......................
40th-45th....................... Oliver H. P. T. Mar. 4, 1867 Mar. 3, 1879 Died Nov. 1, 1877.
Morton.
45th............................ Daniel W. Voorhees Nov. 6, 1877 Jan. 30, 1879 By gov., to fill vac.
45th-54th....................... ......do.......... Jan. 31, 1879 Mar. 3, 1897 ......................
55th-60th....................... Charles W. Mar. 4, 1897 Mar. 3, 1909 Res. Mar. 3, 1905.
Fairbanks.
59th-60th....................... James A. Hemenway. Mar. 4, 1905 Do. ......................
61st-66th....................... Benjamin F. Mar. 4, 1909 Mar. 3, 1921 Died Mar. 14, 1916.
Shively.
64th............................ Thomas Taggart.... Mar. 20, 1916 Nov. 7, 1916 By gov., to fill vac.
64th-72d........................ James E. Watson... Nov. 8, 1916 Mar. 3, 1933 ......................
73d-78th........................ Frederick Van Nuys Mar. 4, 1933 Jan. 2, 1945 Died Jan. 25, 1944.
78th............................ Samuel D. Jackson. Jan. 28, 1944 Nov. 13, 1944 By gov., to fill vac.
78th............................ William E. Jenner. Nov. 14, 1944 Jan. 2, 1945 ......................
79th-87th....................... Homer E. Capehart. Jan. 3, 1945 Jan. 2, 1963 ......................
88th-96th....................... Birch Bayh........ Jan. 3, 1963 Jan. 2, 1981 ......................
97th-102d....................... Dan Quayle........ Jan. 3, 1981 Jan. 2, 1993 Res. Jan. 2, 1989.\2\
101st........................... Dan Coats......... Jan. 3, 1989 Nov. 6, 1990 By gov., to fill vac.
101st-105th..................... ......do.......... Nov. 6, 1990 Jan. 2, 1999 ......................
106th-111th..................... Evan Bayh......... Jan. 3, 1999 Jan. 2, 2011
112th-114th..................... Dan Coats......... Jan. 3, 2011 Jan. 2, 2017 ......................
----------------------------------------------------------------------------------------------------------------
\1\Vacancy from Mar. 4, 1855, to Feb. 3, 1857.
\2\Resigned Jan. 2, 1989, having been elected Vice President of the United States for the 51st term on Nov. 8,
1988.
See footnotes at end of Iowa
table.
1833 1834
IOWA
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
30th-35th....................... George W. Jones... Dec. 7, 1848 Mar. 3, 1859 ......................
36th-41st....................... James W. Grimes... Mar. 4, 1859 Mar. 3, 1871 Res. Dec. 6, 1869.
41st............................ James B. Howell... Jan. 18, 1870 Do. ......................
42d-44th........................ George G. Wright.. Mar. 4, 1871 Mar. 3, 1877 ......................
45th-47th....................... Samuel J. Kirkwood Mar. 4, 1877 Mar. 3, 1883 Res. Mar. 7, 1881.
47th............................ James W. McDill... Mar. 8, 1881 Jan. 17, 1882 By gov., to fill vac.
Do............................ ......do.......... Jan. 18, 1882 Mar. 3, 1883 ......................
48th-53d........................ James F. Wilson... Mar. 4, 1883 Mar. 3, 1895 ......................
54th-59th....................... John H. Gear...... Mar. 4, 1895 Mar. 3, 1907 Died July 14, 1900.
56th............................ Jonathan P. Aug. 22, 1900 Mar. 3, 1901 By gov., to fill vac.
Dolliver.
57th............................ ......do.......... Mar. 4, 1901 Jan. 20, 1902 Do.
57th-62d........................ ......do.......... Jan. 21, 1902 Mar. 3, 1913 Died Oct. 15, 1910.
61st-62d........................ Lafayette Young... Nov. 12, 1910 Apr. 11, 1911 By gov., to fill vac.
62d-68th........................ William S. Kenyon. Apr. 12, 1911 Mar. 3, 1925 Res. Feb. 24, 1922.
67th............................ Charles A. Rawson. Feb. 24, 1922 Nov. 7, 1922 By gov., to fill vac.
67th-68th....................... Smith W. Brookhart Nov. 8, 1922 Mar. 3, 1925 ......................
69th-71st....................... ......do.......... Mar. 4, 1925 Mar. 3, 1931 (\1\)
Do............................ Daniel F. Steck... Apr. 12, 1926 Do. (\2\)
72d-74th........................ L. J. Dickinson... Mar. 4, 1931 Jan. 2, 1937 ......................
75th-77th....................... Clyde L. Herring.. Jan. 3, 1937 Jan. 2, 1943 (\3\)
78th-80th....................... George A. Wilson.. Jan. 3, 1943 Jan. 2, 1949 (\4\)
81st-83d........................ Guy M. Gillette... Jan. 3, 1949 Jan. 2, 1955 ......................
84th-86th....................... Thomas E. Martin.. Jan. 3, 1955 Jan. 2, 1961 ......................
87th-92d........................ Jack Miller....... Jan. 3, 1961 Jan. 2, 1973 ......................
93d-95th........................ Dick Clark........ Jan. 3, 1973 Jan. 2, 1979 ......................
96th-98th....................... Roger W. Jepsen... Jan. 3, 1979 Jan. 2, 1985 ......................
99th-113th...................... Thomas R. Harkin.. Jan. 3, 1985 Jan. 2, 2015 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
30th-33d........................ Augustus C. Dodge. Dec. 7, 1848 Mar. 3, 1855 Res. Feb. 22, 1855.
34th-36th....................... James Harlan...... Mar. 4, 1855 Mar. 3, 1861 (\5\)
34th-39th....................... ......do.......... Jan. 17, 1857 Mar. 3, 1867 (\6\)
39th............................ Samuel J. Kirkwood Jan. 13, 1866 Do. ......................
40th-42d........................ James Harlan...... Mar. 4, 1867 Mar. 3, 1873 ......................
43d-60th........................ William B. Allison Mar. 4, 1873 Mar. 3, 1909 (\7\)
60th-69th....................... Albert B. Cummins. Nov. 24, 1908 Mar. 3, 1927 Died July 30, 1926.
69th............................ David W. Stewart.. Aug. 7, 1926 Nov. 9, 1926 By gov., to fill vac.
Do............................ ......do.......... Nov. 10, 1926 Mar. 3, 1927 ......................
70th-72d........................ Smith W. Brookhart Mar. 4, 1927 Mar. 3, 1933 ......................
73d-75th........................ Richard Louis Mar. 4, 1933 Jan. 2, 1939 (\8\)
Murphy.
74th-78th....................... Guy M. Gillette... Nov. 4, 1936 Jan. 2, 1945
79th-90th....................... Bourke B. Jan. 3, 1945 Jan. 2, 1969 ......................
Hickenlooper.
91st-93d........................ Harold E. Hughes.. Jan. 3, 1969 Jan. 2, 1975 ......................
94th-96th....................... John C. Culver.... Jan. 3, 1975 Jan. 2, 1981 ......................
97th-114th...................... Charles E. Jan. 3, 1981 Jan. 2, 2017 ......................
Grassley.
----------------------------------------------------------------------------------------------------------------
\1\Election declared invalid, Apr. 12, 1926.
\2\Successfully contested the election of Smith W. Brookhart and took his seat Apr. 12, 1926.
\3\Elected Nov. 3, 1936. Took oath Jan. 19, 1937. Governor during interim.
\4\Elected Nov. 3, 1942. Took oath Jan. 14, 1943. Governor during interim.
\5\Seat declared vacant Jan. 12, 1857.
\6\Resigned May 15, 1865. Vacancy from May 16, 1865, to Jan. 12, 1866.
\7\Died Aug. 4, 1908. Vacancy from Aug. 4 to Nov. 24, 1908, because of failure of legislature to elect.
\8\Died July 16, 1936. Vacancy from July 17 to Nov. 3, 1936, when a successor was elected.
See footnotes at end of
Kansas table.
1835 1836
KANSAS
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
37th-41st....................... James H. Lane..... Apr. 4, 1861 Mar. 3, 1871 Died July 11, 1866.
39th............................ Edmund G. Ross.... July 19, 1866 Jan. 22, 1867 By gov., to fill vac.
39th-41st....................... ......do.......... Jan. 23, 1867 Mar. 3, 1871 ......................
42d-44th........................ Alexander Caldwell Mar. 4, 1871 Mar. 3, 1877 Res. Mar. 24, 1873.
43d............................. Robert Crozier.... Nov. 24, 1873 Feb. 12, 1874 By gov., to fill vac.
43d-44th........................ James M. Harvey... Feb. 12, 1874 Mar. 3, 1877 ......................
45th-53d........................ Preston B. Plumb.. Mar. 4, 1877 Mar. 3, 1895 Died Dec. 20, 1891.
52d............................. Bishop W. Perkins. Jan. 1, 1892 Mar. 3, 1893 By gov., to fill vac.
53d............................. John Martin....... Mar. 4, 1893 Mar. 3, 1895 ......................
54th-56th....................... Lucien Baker...... Mar. 4, 1895 Mar. 3, 1901 ......................
57th-59th....................... Joseph R. Burton.. Mar. 4, 1901 Mar. 3, 1907 Res. June 4, 1906.
59th............................ Alfred W. Benson.. June 11, 1906 Jan. 23, 1907 By gov., to fill vac.
59th-62d........................ Charles Curtis.... Jan. 29, 1907 Mar. 3, 1913 ......................
63d-65th........................ William H. Mar. 4, 1913 Mar. 3, 1919 ......................
Thompson.
66th-80th....................... Arthur Capper..... Mar. 4, 1919 Jan. 2, 1949 ......................
81st-89th....................... Andrew F. Jan. 3, 1949 Jan. 2, 1967 Died Jan. 21, 1962.
Schoeppel.
87th............................ James B. Pearson.. Jan. 31, 1962 Nov. 5, 1962 By gov., to fill vac.
87th-95th....................... ......do.......... Nov. 6, 1962 Jan. 2, 1979 Res. Dec. 23, 1978.
95th-104th...................... Nancy L. Kassebaum Dec. 23, 1978 Jan. 2, 1997 (\1\)
105th-113th..................... Pat Roberts....... Jan. 3, 1997 Jan. 2, 2015 ......................
KANSAS--Continued
Class 3
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
37th-42d........................ Samuel C. Pomeroy. Apr. 4, 1861 Mar. 3, 1873 ......................
43d-51st........................ John J. Ingalls... Mar. 4, 1873 Mar. 3, 1891 ......................
52d-54th........................ William A. Peffer. Mar. 4, 1891 Mar. 3, 1897 ......................
55th-57th....................... William A. Harris. Mar. 4, 1897 Mar. 3, 1903 ......................
58th-60th....................... Chester I. Long... Mar. 4, 1903 Mar. 3, 1909 ......................
61st-63d........................ Joseph L. Bristow. Mar. 4, 1909 Mar. 3, 1915 ......................
64th-72d........................ Charles Curtis.... Mar. 4, 1915 Mar. 3, 1933 Res. Mar. 3, 1929.\2\
71st............................ Henry J. Allen.... Apr. 1, 1929 Nov. 30, 1930 By gov., to fill vac.
71st-75th....................... George McGill..... Dec. 1, 1930 Jan. 2, 1939 ......................
76th-81st....................... Clyde M. Reed..... Jan. 3, 1939 Jan. 2, 1951 Died Nov. 8, 1949.
81st............................ Harry Darby....... Dec. 2, 1949 Nov. 28, 1950 By gov., to fill vac.
81st-90th....................... Frank Carlson..... Nov. 29, 1950 Jan. 2, 1969 (\3\)
91st-104th...................... Robert Dole....... Jan. 3, 1969 Jan. 2, 1999 Res. June 11, 1996.
104th........................... Sheila Frahm...... June 11, 1996 Nov. 5, 1996 By gov., to fill vac.
104th-111th..................... Sam Brownback..... Nov. 7, 1996 Jan. 2, 2011 (\4\)
112th-114th..................... Jerry Moran....... Jan. 3, 2011 Jan. 2, 2017 ......................
----------------------------------------------------------------------------------------------------------------
\1\Elected to full term commencing Jan. 3, 1979; subsequently appointed by governor to fill vacancy in term
ending Jan. 2. 1979.
\2\Resigned Mar. 3, 1929, having been elected Vice President of the United States for the 36th term on Nov. 6,
1928.
\3\Elected Nov. 7, 1950, to fill unexpired term ending Jan. 2, 1951, and also to full term ending Jan. 2, 1957.
\4\Elected on Nov. 5, 1996, to unexpired term ending Jan. 2, 1999. Resigned from the House of Representatives on
Nov. 27, retroactive to Nov. 7, 1996. Sworn in on Nov. 27.
See footnotes at end of
Kentucky table.
1837 1838
KENTUCKY
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
2d-8th.......................... John Brown........ June 18, 1792 Mar. 3, 1805 ......................
9th-11th........................ Buckner Thruston.. Mar. 4, 1805 Mar. 3, 1811 Res. Dec. 18, 1809.
11th............................ Henry Clay........ Jan. 4, 1810 Do. ......................
12th-14th....................... George M. Bibb.... Mar. 4, 1811 Mar. 3, 1817 Res. Aug. 23, 1814.
13th............................ George Walker..... Aug. 30, 1814 Dec. 16, 1814 By gov., to fill vac.
13th-14th....................... William T. Barry.. Dec. 16, 1814 Mar. 3, 1817 Res. May 1, 1816.
14th............................ Martin D. Hardin.. Nov. 13, 1816 Dec. 4, 1816 By gov., to fill vac.
Do............................ ......do.......... Dec. 5, 1816 Mar. 3, 1817 ......................
15th-17th....................... John J. Crittenden Mar. 4, 1817 Mar. 3, 1823 Res. Mar. 3, 1819.
16th-20th....................... Richard M. Johnson Dec. 10, 1819 Mar. 3, 1829 ......................
21st-23d........................ George M. Bibb.... Mar. 4, 1829 Mar. 3, 1835 ......................
24th-26th....................... John J. Crittenden Mar. 4, 1835 Mar. 3, 1841 ......................
27th-29th....................... James T. Morehead. Mar. 4, 1841 Mar. 3, 1847 ......................
30th-32d........................ Joseph R. Mar. 4, 1847 Mar. 3, 1853 ......................
Underwood.
33d-35th........................ John B. Thompson.. Mar. 4, 1853 Mar. 3, 1859 ......................
36th-38th....................... Lazarus W. Powell. Mar. 4, 1859 Mar. 3, 1865 ......................
39th-41st....................... James Guthrie..... Mar. 4, 1865 Mar. 3, 1871 Res. Feb. 7, 1868.
40th-41st....................... Thomas C. McCreery Feb. 19, 1868 Do. ......................
42d-44th........................ John W. Stevenson. Mar. 4, 1871 Mar. 3, 1877 ......................
45th-53d........................ James B. Beck..... Mar. 4, 1877 Mar. 3, 1895 Died May 3, 1890.
51st-53d........................ John G. Carlisle.. May 17, 1890 Do. Res. Feb. 4, 1893.
52d-56th........................ William Lindsay... Feb. 15, 1893 Mar. 3, 1901 ......................
57th-59th....................... Joseph C. S. Mar. 4, 1901 Mar. 3, 1907 ......................
Blackburn.
60th-62d........................ Thomas H. Paynter. Mar. 4, 1907 Mar. 3, 1913 ......................
63d-65th........................ Ollie M. James.... Mar. 4, 1913 Mar. 3, 1919 Died Aug. 28, 1918.
65th............................ George B. Martin.. Sept. 7, 1918 Do. By gov., to fill vac.
66th-68th....................... A. Owsley Stanley. Mar. 4, 1919 Mar. 3, 1925 ......................
69th-71st....................... Fred M. Sackett... Mar. 4, 1925 Mar. 3, 1931 Res. Jan. 9, 1930.
71st............................ John M. Robsion... Jan. 9, 1930 Nov. 30, 1930 By gov., to fill vac.
Do............................ Ben M. Williamson. Dec. 1, 1930 Mar. 3, 1931 ......................
72d-77th........................ Marvel M. Logan... Mar. 4, 1931 Jan. 2, 1943 Died Oct. 3, 1939.
76th............................ Albert B. Chandler Oct. 10, 1939 Nov. 5, 1940 By gov., to fill vac.
76th-80th....................... ......do.......... Nov. 6, 1940 Jan. 2, 1949 Res. Nov. 1, 1945.
79th............................ William A. Nov. 19, 1945 Nov. 5, 1946 By gov., to fill vac.
Stanfill.
80th............................ John Sherman Nov. 6, 1946 Jan. 2, 1949 ......................
Cooper.
81st-83d........................ Virgil Chapman.... Jan. 3, 1949 Jan. 2, 1955 Died Mar. 8, 1951.
82d............................. Thomas R. Mar. 19, 1951 Nov. 4, 1952 By gov., to fill vac.
Underwood.
----------------------------------------------------------------------------------------------------------------
KENTUCKY--Continued
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
82d-83d......................... John Sherman Nov. 5, 1952 Jan. 2, 1955 ......................
Cooper.
84th-86th....................... Alben W. Barkley.. Jan. 3, 1955 Jan. 2, 1961 Died Apr. 30, 1956.
84th............................ Robert Humphreys.. June 21, 1956 Nov. 6, 1956 By gov., to fill
vac.\1\
85th-92d........................ John Sherman Nov. 7, 1956 Jan. 2, 1973 ......................
Cooper.
93d-98th........................ Walter D. Jan. 3, 1973 Jan. 2, 1985 ......................
Huddleston.
99th-113th...................... Mitch McConnell... Jan. 3, 1985 Jan. 2, 2015 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
2d-3d........................... John Edwards...... June 18, 1792 Mar. 3, 1795 ......................
4th-6th......................... Humphrey Marshall. Mar. 4, 1795 Mar. 3, 1801 ......................
7th-9th......................... John Breckinridge. Mar. 4, 1801 Mar. 3, 1807 Res. Aug. 7, 1805.
9th............................. John Adair........ Nov. 8, 1805 Do. Res. Nov. 18, 1806.
Do............................ Henry Clay........ Dec. 29, 1806 Do. ......................
10th-12th....................... John Pope......... Mar. 4, 1807 Mar. 3, 1813 ......................
13th-15th....................... Jesse Bledsoe..... Mar. 4, 1813 Mar. 3, 1819 (\2\)
Do............................ Isham Talbot...... Jan. 5, 1815 Do. ......................
16th-18th....................... William Logan..... Mar. 4, 1819 Mar. 3, 1825 Res. May 28, 1820.
Do............................ Isham Talbot...... Oct. 19, 1820 Do. ......................
19th-21st....................... John Rowan........ Mar. 4, 1825 Mar. 3, 1831 ......................
22d-27th........................ Henry Clay........ Nov. 10, 1831 Mar. 3, 1843 Res. Mar. 31, 1842.
27th-30th....................... John J. Crittenden Mar. 31, 1842 Mar. 3, 1849 Res. June 12, 1848.
30th............................ Thomas Metcalfe... June 23, 1848 Jan. 2, 1849 By gov., to fill vac.
Do............................ ......do.......... Jan. 3, 1849 Mar. 3, 1849 ......................
31st-33d........................ Henry Clay........ Mar. 4, 1849 Mar. 3, 1855 (\3\)
32d............................. David Meriwether.. July 6, 1852 Sept. 1, 1852 By gov., to fill vac.
32d-33d......................... Archibald Dixon... Sept. 1, 1852 Mar. 3, 1855 ......................
34th-36th....................... John J. Crittenden Mar. 4, 1855 Mar. 3, 1861 ......................
37th-39th....................... John C. Mar. 4, 1861 Mar. 3, 1867 Exp. Dec. 4, 1861.
Breckinridge.
37th-42d........................ Garrett Davis..... Dec. 10, 1861 Mar. 3, 1873 Died Sept. 22, 1872.
42d............................. Willis B. Machen.. Sept. 27, 1872 Jan. 20, 1873 By gov., to fill vac.
Do............................ ......do.......... Jan. 21, 1873 Mar. 3, 1873 ......................
43d-45th........................ Thomas C. McCreery Mar. 4, 1873 Mar. 3, 1879 ......................
46th-48th....................... John Stuart Mar. 4, 1879 Mar. 3, 1885 ......................
Williams.
49th-54th....................... Joseph C. S. Mar. 4, 1885 Mar. 3, 1897 ......................
Blackburn.
55th-57th....................... William J. Deboe.. Mar. 4, 1897 Mar. 3, 1903 ......................
58th-60th....................... James B. McCreary. Mar. 4, 1903 Mar. 3, 1909 ......................
61st-63d........................ William O. Bradley Mar. 4, 1909 Mar. 3, 1915 Died May 23, 1914.
63d............................. Johnson N. Camden, June 16, 1914 Nov. 2, 1914 By gov., to fill vac.
Jr..
Do............................ ......do.......... Nov. 3, 1914 Mar. 3, 1915 ......................
64th-66th....................... John C. W. Beckham Mar. 4, 1915 Mar. 3, 1921 ......................
67th-69th....................... Richard P. Ernst.. Mar. 4, 1921 Mar. 3, 1927 ......................
70th-81st....................... Alben W. Barkley.. Mar. 4, 1927 Jan. 2, 1951 (\4\)
81st............................ Garrett L. Withers Jan. 20, 1949 Nov. 26, 1950 By gov., to fill vac.
81st-84th....................... Earle C. Clements. Nov. 27, 1950 Jan. 2, 1957 (\5\)
85th-90th....................... Thruston B. Morton Jan. 3, 1957 Jan. 2, 1969 Res. Dec. 16, 1968.
90th-93d........................ Marlow W. Cook.... Dec. 17, 1968 Jan. 2, 1975 Res. Dec. 27, 1974.\6\
93d-105th....................... Wendell H. Ford... Dec. 28, 1974 Jan. 2, 1999 (\7\)
106th-111th..................... Jim Bunning....... Jan. 3, 1999 Jan. 2, 2011
112th-114th..................... Rand Paul......... Jan. 3, 2011 Jan. 2, 2017 ......................
----------------------------------------------------------------------------------------------------------------
\1\Joseph J. Leary appointed June 18, 1956, to fill vacancy, but declined to serve.
\2\Resigned Dec. 24, 1814. Declared by Senate resolution of Jan. 20, 1815, as having resigned.
\3\Resigned Dec. 15, 1851, to take effect first Monday in Sept. 1852. Died June 29, 1852.
\4\Resigned Jan. 19, 1949, having been elected Vice President of the United States for the 41st term on Nov. 2,
1948.
\5\Elected Nov. 7, 1950, for vacancy in term ending Jan. 2, 1951, and at the same time, elected for full term
beginning Jan. 3, 1951. Oath administered Nov. 27, 1950.
\6\Elected to six-year term commencing Jan. 3, 1969; subsequently appointed by governor to fill vacancy in term
ending Jan. 2, 1969.
\7\Elected to six-year term commencing Jan. 3, 1975; subsequently appointed by governor to fill vacancy in term
ending Jan. 2, 1975.
Footnotes continued on next
page.
1839 1840
LOUISIANA
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
12th-14th....................... Jean N. Destrehan. Sept. 3, 1812 Mar. 3, 1817 (\1\)
12th............................ Thomas Posey...... Oct. 8, 1812 Feb. 4, 1813 By gov., to fill vac.
12th-14th....................... James Brown....... Feb. 5, 1813 Mar. 3, 1817 Elect. Dec. 1, 1812.
15th-17th....................... William C. C. Mar. 4, 1817 Mar. 3, 1823 Died Nov. 23, 1817.
Claiborne.
15th-20th....................... Henry Johnson..... Jan. 12, 1818 Mar. 3, 1829 Res. May 27, 1824.
18th-20th....................... Dominique Bouligny Nov. 19, 1824 Do. ......................
21st-23d........................ Edward Livingston. Mar. 4, 1829 Mar. 3, 1835 Res. May 24, 1831.
22d-23d......................... George A. Waggaman Nov. 15, 1831 Do. ......................
24th-26th....................... Robert C. Nicholas Jan. 13, 1836 Mar. 3, 1841 (\2\)
27th-29th....................... Alexander Barrow.. Mar. 4, 1841 Mar. 3, 1847 Died Dec. 29, 1846.
29th............................ Pierre Soule...... Jan. 21, 1847 Do. ......................
30th-32d........................ Solomon W. Downs.. Mar. 4, 1847 Mar. 3, 1853 ......................
33d-38th........................ Judah P. Benjamin. Mar. 4, 1853 Mar. 3, 1865 (\3\)
40th-41st....................... John S. Harris.... July 9, 1868 Mar. 3, 1871 (\4\)
42d-44th........................ J. Rodman West.... Mar. 4, 1871 Mar. 3, 1877 ......................
45th-47th....................... William P. Kellogg Mar. 4, 1877 Mar. 3, 1883 ......................
48th-53d........................ Randall L. Gibson. Mar. 4, 1883 Mar. 3, 1895 Died Dec. 15, 1892.
52d-53d......................... Donelson Caffery.. Dec. 31, 1892 May 22, 1894 By gov., to fill vac.
53d-56th........................ ......do.......... May 23, 1894 Mar. 3, 1901 ......................
57th-62d........................ Murphy J. Foster.. Mar. 4, 1901 Mar. 3, 1913 ......................
63d-71st........................ Joseph E. Ransdell Mar. 4, 1913 Mar. 3, 1931 ......................
72d-74th........................ Huey P. Long...... Jan. 25, 1932 Jan. 2, 1937 (\5\)
74th............................ Rose McConnell Jan. 31, 1936 Apr. 20, 1936 By gov., to fill vac.
Long.
Do............................ ......do.......... Apr. 21, 1936 Jan. 2, 1937 ......................
75th-92d........................ Allen J. Ellender. Jan. 3, 1937 Jan. 2, 1973 Died July 27, 1972.
92d............................. Elaine S. Edwards. Aug. 1, 1972 Do. (\6\)
92d-104th....................... J. Bennett Nov. 14, 1972 Jan. 2, 1997 (\7\)
Johnston, Jr..
105th-113th..................... Mary L. Landrieu.. Jan. 3, 1997 Jan. 2, 2015
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
12th............................ Allan B. Magruder. Sept. 3, 1812 Mar. 3, 1813 ......................
13th-15th....................... Eligius Fromentin. Mar. 4, 1813 Mar. 3, 1819 ......................
16th-18th....................... James Brown....... Mar. 4, 1819 Mar. 3, 1825 Res. Dec. 10, 1823.
18th-24th....................... Josiah S. Johnston Jan. 15, 1824 Mar. 3, 1837 Died May 19, 1833.\8\
23d-24th........................ Alexander Porter.. Dec. 19, 1833 Do. Res. Jan. 5, 1837.
24th-27th....................... Alexander Mouton.. Jan. 12, 1837 Mar. 3, 1843 Res. Mar. 1, 1842.
27th............................ Charles M. Conrad. Apr. 14, 1842 Do. ......................
28th-30th....................... Henry Johnson..... Feb. 12, 1844 Mar. 3, 1849 (\9\)
31st-33d........................ Pierre Soule1..... Mar. 4, 1849 Mar. 3, 1855 Res. Apr. 11, 1853.
33d-36th........................ John Slidell...... Apr. 28, 1853 Mar. 3, 1861 (\10\)
40th-44th....................... William P. Kellogg July 9, 1868 Mar. 3, 1873 (\11\)
44th-45th....................... James B. Eustis... Jan. 12, 1876 Mar. 3, 1879 ......................
46th-48th....................... Benjamin F. Jonas. Mar. 4, 1879 Mar. 3, 1885 ......................
49th-51st....................... James B. Eustis... Mar. 4, 1885 Mar. 3, 1891 ......................
52d-54th........................ Edward D. White... Mar. 4, 1891 Mar. 3, 1897 Res. Mar. 12, 1894.
53d............................. Newton C. Mar. 12, 1894 May 22, 1894 By gov., to fill vac.
Blanchard.
53d-54th........................ ......do.......... May 23, 1894 Mar. 3, 1897 ......................
55th-63d........................ Samuel D. McEnery. Mar. 4, 1897 Mar. 3, 1915 Died June 28, 1910.
61st-63d........................ John R. Thornton.. Dec. 7, 1910 Mar. 3, 1915 (\12\)
64th-66th....................... Robert F. Mar. 4, 1915 Mar. 3, 1921 Died Apr. 12, 1918.
Broussard.
65th............................ Walter Guion...... Apr. 22, 1918 Nov. 5, 1918 By gov., to fill vac.
65th-66th....................... Edward J. Gay..... Nov. 6, 1918 Mar. 3, 1921 ......................
67th-72d........................ Edwin S. Broussard Mar. 4, 1921 Mar. 3, 1933 ......................
73d-81st........................ John H. Overton... Mar. 4, 1933 Jan. 2, 1951 Died May 14, 1948.
80th............................ William C. Feazel. May 18, 1948 Dec. 30, 1948 By gov., to fill vac.
80th-99th....................... Russell B. Long... Dec. 31, 1948 Jan. 2, 1987 (\13\)
100th-108th..................... John B. Breaux.... Jan. 3, 1987 Jan. 2, 2005 ......................
109th-114th..................... David Vitter...... Jan. 3, 2005 Jan. 2, 2017 ......................
----------------------------------------------------------------------------------------------------------------
\1\Not sworn. Resigned Oct. 1, 1812.
\2\Elected in place of Chas. E. A. Gayarre, who did not qualify. Vacancy from Mar. 4, 1835, to Jan. 13, 1836.
\3\Withdrew Feb. 4, 1861. Seat declared vacant Mar. 14, 1861. Because of Civil War, vacancy from Feb. 4, 1861,
to July 9, 1868, when Louisiana was readmitted to representation.
\4\By legislature, to fill vacancy in term beginning Mar. 4, 1865. Seated July 17, 1868.
\5\Elected Nov. 4, 1930. Took oath Jan. 25, 1932. Governor during interim. Died Sept. 10, 1935. Vacancy from
Sept. 11, 1935, to Jan. 30, 1936.
\6\By governor, to fill vacancy. Resigned, effective Nov. 13, 1972.
\7\Elected to six-year term commencing Jan. 3, 1973; subsequently appointed by governor to fill vacancy in term
ending Jan. 2, 1973.
\8\Vacancy from May 20 to Dec. 18, 1833.
\9\Alexander Porter was elected for this term, but he did not present credentials nor qualify. Vacancy from Mar.
4, 1843, to Feb. 12, 1844.
\10\Withdrew from the Senate Feb. 4, 1861. Because of Civil War, vacancy from Feb. 4, 1861, to July 9, 1868,
when Louisiana was readmitted to representation.
\11\By legislature, to fill vacancy in term beginning Mar. 4, 1867. Seated July 17, 1868. Resigned Nov. 1, 1872.
Vacancy from Nov. 1, 1872, to Jan. 12, 1876.
\12\Vacancy from June 29 to Dec. 6, 1910.
\13\Elected Nov. 2, 1948, for term ending Jan. 2, 1951. Oath administered Dec. 31, 1948.
1841 1842
MAINE
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
16th-19th....................... John Holmes....... June 13, 1820 Mar. 3, 1827 ......................
20th-22d........................ Albion K. Parris.. Mar. 4, 1827 Mar. 3, 1833 Res. Aug. 26, 1828.
Do............................ John Holmes....... Jan. 15, 1829 Do. ......................
23d-25th........................ Ether Shepley..... Mar. 4, 1833 Mar. 3, 1839 Res. Mar. 3, 1836.
24th............................ Judah Dana........ Dec. 7, 1836 Mar. 3, 1837 By gov., to fill vac.
25th-28th....................... Reuel Williams.... Mar. 4, 1837 Mar. 3, 1845 Res. Feb. 15, 1843.
28th-31st....................... John Fairfield.... Mar. 7, 1843 Mar. 3, 1851 Died Dec. 24, 1847.
30th............................ Wyman B. S. Moor.. Jan. 5, 1848 June 7, 1848 By gov., to fill vac.
30th-34th....................... Hannibal Hamlin... June 8, 1848 Mar. 3, 1857 Res. Jan. 7, 1857.
34th............................ Amos Nourse....... Jan. 16, 1857 Do. ......................
35th-37th....................... Hannibal Hamlin... Mar. 4, 1857 Mar. 3, 1863 (\1\)
36th-40th....................... Lot Myrick Morrill Jan. 17, 1861 Mar. 3, 1869 ......................
41st-46th....................... Hannibal Hamlin... Mar. 4, 1869 Mar. 3, 1881 ......................
47th-61st....................... Eugene Hale....... Mar. 4, 1881 Mar. 3, 1911 ......................
62d-64th........................ Charles F. Johnson Mar. 4, 1911 Mar. 3, 1917 ......................
65th-76th....................... Frederick Hale.... Mar. 4, 1917 Jan. 2, 1941 ......................
77th-82d........................ Ralph O. Brewster. Jan. 3, 1941 Jan. 2, 1953 Res. Dec. 31, 1952.
83d-85th........................ Frederick G. Payne Jan. 3, 1953 Jan. 2, 1959 ......................
86th-97th....................... Edmund S. Muskie.. Jan. 3, 1959 Jan. 2, 1983 Res. May 7, 1980.
96th............................ George J. Mitchell May 17, 1980 Jan. 2, 1983 By gov., to fill vac.
96th-103d....................... ......do.......... Jan. 3, 1983 Jan. 2, 1995 ......................
104th-112th..................... Olympia J. Snowe.. Jan. 3, 1995 Jan. 2, 2013 ......................
113th-115th..................... Angus King........ Jan. 3, 2013 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
16th-20th....................... John Chandler..... June 14, 1820 Mar. 3, 1829 ......................
21st-23d........................ Peleg Sprague..... Mar. 4, 1829 Mar. 3, 1835 Res. Jan. 1, 1835.
23d-26th........................ John Ruggles...... Jan. 20, 1835 Mar. 3, 1841 ......................
27th-29th....................... George Evans...... Mar. 4, 1841 Mar. 3, 1847 ......................
30th-32d........................ James W. Bradbury. Mar. 4, 1847 Mar. 3, 1853 ......................
33d-38th........................ William Pitt Feb. 10, 1854 Mar. 3, 1865 Res. July 1, 1864.
Fessenden.
38th............................ Nathan A. Farwell. Oct. 27, 1864 Jan. 10, 1865 By gov., to fill vac.
Do............................ ......do.......... Jan. 11, 1865 Mar. 3, 1865 ......................
39th-41st....................... William Pitt Mar. 4, 1865 Mar. 3, 1871 Died Sept. 8, 1869.
Fessenden.
41st............................ Lot Myrick Morrill Oct. 30, 1869 Jan. 18, 1870 By gov., to fill vac.
41st-44th....................... ......do.......... Jan. 19, 1870 Mar. 3, 1877 Res. July 7, 1876.
44th............................ James G. Blaine... July 10, 1876 Jan. 16, 1877 By gov., to fill vac.
44th-47th....................... ......do.......... Jan. 17, 1877 Mar. 3, 1883 Res. Mar. 5, 1881.
47th-62d........................ William P. Frye... Mar. 18, 1881 Mar. 3, 1913 (\2\)
62d............................. Obadiah Gardner... Sept. 23, 1911 Apr. 1, 1912 By gov., to fill vac.
Do............................ ......do.......... Apr. 2, 1912 Mar. 3, 1913 ......................
63d-65th........................ Edwin C. Burleigh. Mar. 4, 1913 Mar. 3, 1919 Died June 16, 1916.\3\
64th-71st....................... Bert M. Fernald... Sept. 12, 1916 Mar. 3, 1931 Died Aug. 23, 1926.
69th-71st....................... Arthur R. Gould... Nov. 30, 1926 Mar. 3, 1931 ......................
72d-80th........................ Wallace H. White, Mar. 4, 1931 Jan. 2, 1949 ......................
Jr..
81st-92d........................ Margaret Chase Jan. 3, 1949 Jan. 2, 1973 ......................
Smith.
93d-95th........................ William D. Jan. 3, 1973 Jan. 2, 1979 ......................
Hathaway.
96th-104th...................... William S. Cohen.. Jan. 3, 1979 Jan. 2, 1997 ......................
105th-113th..................... Susan M. Collins.. Jan. 3, 1997 Jan. 2, 2015
----------------------------------------------------------------------------------------------------------------
\1\Resigned Jan. 7, 1861, to take effect Jan. 17, 1861, having been elected Vice President of the United States
for the 19th term on Nov. 6, 1860.
\2\Elected Mar. 15, 1881. Resigned From House Mar. 17, 1881. Died Aug. 8, 1911.
\3\Vacancy from June 17 to Sept. 11, 1916, because of recess of legislature.
See footnotes at end of
Maryland table.
1843 1844
MARYLAND
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
1st-4th......................... C. Carroll, of Mar. 4, 1789 Mar. 3, 1797 Res. Nov. 30, 1792.
Carrollton.
2d-4th.......................... Richard Potts..... Jan. 10, 1793 Do. Res. Oct. 24, 1796.
4th-7th......................... John E. Howard.... Nov. 21, 1796 Mar. 3, 1803 ......................
8th-10th........................ Samuel Smith...... Mar. 4, 1803 Mar. 3, 1809 ......................
11th............................ ......do.......... Mar. 4, 1809 Nov. 15, 1809 By gov., to fill vac.
11th-13th....................... ......do.......... Nov. 16, 1809 Mar. 3, 1815 ......................
14th-16th....................... Robert G. Harper.. Jan. 29, 1816 Mar. 3, 1821 (\1\)
Do............................ Alexander Contee Dec. 20, 1816 Do. Died Apr. 23, 1819.
Hanson.
16th-19th....................... William Pinkney... Dec. 21, 1819 Mar. 3, 1827 Died Feb. 25, 1822.
17th-23d........................ Samuel Smith...... Dec. 16, 1822 Mar. 3, 1833 ......................
23d-25th........................ Joseph Kent....... Mar. 4, 1833 Mar. 3, 1839 Died Nov. 24, 1837.
25th-28th....................... William D. Merrick Jan. 4, 1838 Mar. 3, 1845 ......................
29th-31st....................... Reverdy Johnson... Mar. 4, 1845 Mar. 3, 1851 Res. Mar. 7, 1849.
31st............................ David Stewart..... Dec. 6, 1849 Jan. 12, 1850 By gov., to fill vac.
31st-34th....................... Thomas G. Pratt... Jan. 12, 1850 Mar. 3, 1857 ......................
35th-37th....................... Anthony Kennedy... Mar. 4, 1857 Mar. 3, 1863 ......................
38th-40th....................... Reverdy Johnson... Mar. 4, 1863 Mar. 3, 1869 Res. July 10, 1868.
40th............................ William Pinkney July 13, 1868 Do. By gov., to fill vac.
Whyte.
41st-43d........................ William T. Mar. 4, 1869 Mar. 3, 1875 ......................
Hamilton.
44th-46th....................... William Pinkney Mar. 4, 1875 Mar. 3, 1881 ......................
Whyte.
47th-55th....................... Arthur P. Gorman.. Mar. 4, 1881 Mar. 3, 1899 ......................
56th-58th....................... Louis E. McComas.. Mar. 4, 1899 Mar. 3, 1905 ......................
59th-64th....................... Isidor Rayner..... Mar. 4, 1905 Mar. 3, 1917 Died Nov. 25, 1912.
62d-63d......................... William P. Jackson Nov. 29, 1912 Jan. 28, 1914 By gov., to fill vac.
63d-64th........................ Blair Lee......... Jan. 29, 1914 Mar. 3, 1917
65th-67th....................... Joseph L. France.. Mar. 4, 1917 Mar. 3, 1923 ......................
68th-70th....................... William Cabell Mar. 4, 1923 Mar. 3, 1929 ......................
Bruce.
71st-73d........................ Phillips Lee Mar. 4, 1929 Jan. 2, 1935 ......................
Goldsborough.
74th-79th....................... George L.P. Jan. 3, 1935 Jan. 2, 1947 ......................
Radcliffe.
80th-82d........................ Herbert R. O'Conor Jan. 3, 1947 Jan. 2, 1953 ......................
83d-88th........................ J. Glenn Beall.... Jan. 3, 1953 Jan. 2, 1965 ......................
89th-91st....................... Joseph D. Tydings. Jan. 3, 1965 Jan. 2, 1971 ......................
92d-94th........................ J. Glenn Beall, Jan. 3, 1971 Jan. 2, 1977 ......................
Jr..
95th-109th...................... Paul S. Sarbanes.. Jan. 3, 1977 Jan. 2, 2007 ......................
110th-115th..................... Benjamin L. Cardin Jan. 3, 2007 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
1st-6th......................... John Henry........ Mar. 4, 1789 Mar. 3, 1801 Res. July 10, 1797.
5th-6th......................... James Lloyd....... Dec. 8, 1797 Do. Res. Dec. 1, 1800.
6th............................. William Hindman... Dec. 12, 1800 Do. ......................
7th............................. ......do.......... Mar. 4, 1801 Nov. 19, 1801 By gov., to fill vac.
7th-9th......................... Robert Wright..... Nov. 19, 1801 Mar. 3, 1807 Res. Nov. 12, 1806.
9th-12th........................ Philip Reed....... Nov. 25, 1806 Mar. 3, 1813 ......................
13th-15th....................... Robert H. May 21, 1813 Mar. 3, 1819 (\2\)
Goldsborough.
16th-21st....................... Edward Lloyd...... Dec. 27, 1819 Mar. 3, 1831 Res. Jan. 14, 1826.
19th-24th....................... Ezekiel F. Jan. 24, 1826 Mar. 3, 1837 Res. Dec. 20, 1834.
Chambers.
23d-24th........................ Robert H. Jan. 13, 1835 Do. Died Oct. 5, 1936.
Goldsborough.
24th-27th....................... John S. Spence.... Dec. 31, 1836 Mar. 3, 1843 Died Oct. 24, 1840.
26th-27th....................... John Leeds Kerr... Jan. 5, 1841 Do. ......................
28th-29th....................... James A. Pearce... Mar. 4, 1843 Mar. 3, 1867 Died Dec. 20, 1862.
37th-38th....................... Thomas H. Hicks... Dec. 29, 1862 Jan. 11, 1864 By gov., to fill vac.
38th-39th....................... ......do.......... Jan. 12, 1864 Mar. 3, 1867 Died Feb. 14, 1865.
39th............................ John A. J. Mar. 9, 1865 Do. ......................
Creswell.
40th-42d........................ George Vickers.... Mar. 7, 1868 Mar. 3, 1873 (\3\)
43d-45th........................ George R. Dennis.. Mar. 4, 1873 Mar. 3, 1879 ......................
46th-48th....................... James B. Groome... Mar. 4, 1879 Mar. 3, 1885 ......................
49th-51st....................... Ephraim King Mar. 4, 1885 Mar. 3, 1891 (\4\)
Wilson.
52d............................. Charles H. Gibson. Nov. 19, 1891 Jan. 21, 1892 By gov., to fill vac.
52d-54th........................ ......do.......... Jan. 21, 1892 Mar. 3, 1897 ......................
55th-57th....................... George L. Mar. 4, 1897 Mar. 3, 1903 ......................
Wellington.
58th-60th....................... Arthur P. Gorman.. Mar. 4, 1903 Mar. 3, 1909 Died June 4, 1906.
59th-60th....................... William Pinkney June 8, 1906 Jan. 14, 1908 By gov., to fill vac.
Whyte.
60th............................ ......do.......... Jan. 15, 1908 Mar. 3, 1909 Died Mar. 17, 1908.
60th-66th....................... John Walter Smith. Mar. 25, 1908 Mar. 3, 1921 ......................
67th-69th....................... Ovington E. Weller Mar. 4, 1921 Mar. 3, 1927 ......................
70th-81st....................... Millard E. Tydings Mar. 4, 1927 Jan. 2, 1951 ......................
82d-87th........................ John Marshall Jan. 3, 1951 Jan. 2, 1963 ......................
Butler.
MARYLAND--Continued
Class 3
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
88th-90th....................... Daniel B. Brewster Jan. 3, 1963 Jan. 2, 1969 ......................
91st-99th....................... Charles McC. Jan. 3, 1969 Jan. 2, 1987 ......................
Mathias, Jr..
100th-114th..................... Barbara A. Jan. 3, 1987 Jan. 2, 2017 ......................
Mikulski.
----------------------------------------------------------------------------------------------------------------
\1\Vacancy from Mar. 4, 1815, to Jan. 28, 1816, due to failure of legislature to elect. Resigned Dec. 6, 1816.
\2\Vacancy from Mar. 4, 1813, to May 20, 1813, due to failure of legislature to elect.
\3\Philip F. Thomas was elected but was not permitted to qualify. Vacancy from Mar. 4, 1867, to Mar. 6, 1868.
\4\Died Feb. 24, 1891. Had been reelected on Jan. 15, 1890, for the term beginning Mar. 4, 1891. Vacancy from
Feb. 25 to Nov. 18, 1891, because of recess of legislature.
See footnotes at end of
Massachusetts table.
1845 1846
MASSACHUSETTS
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
1st............................. Tristram Dalton... Mar. 4, 1789 Mar. 3, 1791 ......................
2d-4th.......................... George Cabot...... Mar. 4, 1791 Mar. 3, 1797 Res. June 9, 1796.
4th-7th......................... Benjamin Goodhue.. June 11, 1796 Mar. 3, 1803 Res. Nov. 8, 1800.
6th-7th......................... Jonathan Mason.... Nov. 14, 1800 Do. ......................
8th-10th........................ John Quincy Adams. Mar. 4, 1803 Mar. 3, 1809 Res. June 8, 1808.
10th-13th....................... James Lloyd....... June 9, 1808 Mar. 3, 1815 Res. May 1, 1813.
13th............................ Christopher Gore.. May 5, 1813 May 29, 1813 By gov., to fill vac.
13th-16th....................... ......do.......... May 30, 1813 Mar. 3, 1821 Res. May 30, 1816.
14th-16th....................... Eli P. Ashmun..... June 12, 1816 Do. Res. May 10, 1818.
15th-16th....................... Prentiss Mellen... June 5, 1818 Do. Res. May 15, 1820.
16th-19th....................... Elijah H. Mills... June 12, 1820 Mar. 3, 1827 ......................
20th-28th....................... Daniel Webster.... May 30, 1827 Mar. 3, 1845 Res. Feb. 22, 1841.
26th-28th....................... Rufus Choate...... Feb. 23, 1841 Do. ......................
29th-31st....................... Daniel Webster.... Mar. 4, 1845 Mar. 3, 1851 Res. July 22, 1850.
31st............................ Robert C. Winthrop July 30, 1850 Feb. 1, 1851 By gov., to fill vac.
Do............................ Robert Rantoul.... Feb. 1, 1851 Mar. 3, 1851 ......................
32d-43d......................... Charles Sumner.... Apr. 24, 1851 Mar. 3, 1875 Died Mar. 11, 1874.
43d............................. William B. Apr. 17, 1874 Mar. 3, 1875 ......................
Washburn.
44th-52d........................ Henry L. Dawes.... Mar. 4, 1875 Mar. 3, 1893 ......................
53d-70th........................ Henry Cabot Lodge. Mar. 4, 1893 Mar. 3, 1929 Died Nov. 9, 1924.
69th............................ William M. Butler. Nov. 13, 1924 Dec. 5, 1926 By gov., to fill vac.
69th-79th....................... David I. Walsh.... Dec. 6, 1926 Jan. 2, 1947 ......................
80th-82d........................ Henry Cabot Lodge, Jan. 3, 1947 Jan. 2, 1953 ......................
Jr..
83d-88th........................ John F. Kennedy... Jan. 3, 1953 Jan. 2, 1965 (\1\)
87th............................ Benjamin A. Smith, Dec. 27, 1960 Nov. 6, 1962 By gov., to fill vac.
II.
87th-112th...................... Edward M. Kennedy. Nov. 7, 1962 Jan. 2, 2013 Died Aug. 25, 2009.
111th........................... Paul G. Kirk, Jr.. Sept. 24, 2009 Feb. 4, 2010 By gov., to fill vac.
111th-112th..................... Scott P. Brown.... Feb. 4, 2010 Jan. 2, 2013 ......................
113th-115th..................... Elizabeth Warren.. Jan. 3, 2013 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
1st-5th......................... Caleb Strong...... Mar. 4, 1789 Mar. 3, 1799 Res. June 1, 1796.
4th-5th......................... Theodore Sedgwick. June 11, 1796 Do. ......................
6th-8th......................... Samuel Dexter..... Mar. 4, 1799 Mar. 3, 1805 Res. May 30, 1800.
Do............................ Dwight Foster..... June 6, 1800 Do. Res. Mar. 3, 1803.
8th-11th........................ Timothy Pickering. Mar. 4, 1803 Mar. 3, 1811 ......................
12th-14th....................... Joseph B. Varnum.. June 8, 1811 Mar. 3, 1817 ......................
15th-17th....................... Harrison Gray Otis Mar. 4, 1817 Mar. 3, 1823 Res. May 30, 1822.
17th-20th....................... James Lloyd....... June 5, 1822 Mar. 3, 1829 Res. May 23, 1826.
19th-23d........................ Nathaniel Silsbee. May 31, 1826 Mar. 3, 1835 ......................
24th-26th....................... John Davis........ Mar. 4, 1835 Mar. 3, 1841 Res. Jan. 5, 1841.
26th-29th....................... Isaac C. Bates.... Jan. 13, 1841 Mar. 3, 1847 Died Mar. 16, 1945.
29th-32d........................ John Davis........ Mar. 24, 1845 Mar. 3, 1853 ......................
33d-35th........................ Edward Everett.... Mar. 4, 1853 Mar. 3, 1859 Res. June 1, 1854.
33d............................. Julius Rockwell... June 3, 1854 Jan. 31, 1855 By gov., to fill vac.
33d-44th........................ Henry Wilson...... Jan. 31, 1855 Mar. 3, 1877 Res. Mar. 3, 1873.
43d-44th........................ George S. Boutwell Mar. 12, 1873 Do. ......................
45th-59th....................... George F. Hoar.... Mar. 4, 1877 Mar. 3, 1907 Died Sept. 30, 1904.
58th............................ Winthrop Murray Oct. 12, 1904 Jan. 17, 1905 By gov., to fill vac.
Crane.
MASSACHUSETTS--Continued
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
58th-62d........................ ......do.......... Jan. 18, 1905 Mar. 3, 1913 ......................
63d-65th........................ John W. Weeks..... Mar. 4, 1913 Mar. 3, 1919 ......................
66th-68th....................... David I. Walsh.... Mar. 4, 1919 Mar. 3, 1925 ......................
69th-71st....................... Frederick H. Mar. 4, 1925 Mar. 3, 1931 ......................
Gillett.
72d-74th........................ Marcus A. Coolidge Mar. 4, 1931 Jan. 2, 1937 ......................
75th-80th....................... Henry Cabot Lodge, Jan. 3, 1937 Jan. 2, 1949 Res. Feb. 3, 1944.
Jr..
78th............................ Sinclair Weeks.... Feb. 8, 1944 Dec. 19, 1944 By gov., to fill vac.
78th-89th....................... Leverett Jan. 4, 1945 Jan. 2, 1967 (\2\)
Saltonstall.
90th-95th....................... Edward W. Brooke.. Jan. 3, 1967 Jan. 2, 1979 ......................
96th-98th....................... Paul Tsongas...... Jan. 3, 1979 Jan. 2, 1985 Res. Jan. 2, 1985.
98th-113th...................... John F. Kerry..... Jan. 2, 1985 Jan. 2, 2015 (\3\)
113th........................... William ``Mo'' Feb. 1, 2013 July 15, 2013 By gov., to fill vac.
Cowan.
113th........................... Edward Markey..... July 16, 2013 Jan. 2, 2015 ......................
----------------------------------------------------------------------------------------------------------------
\1\Resigned Dec. 22, 1960, having been elected President of the United States for the 44th term on Nov. 8, 1960.
Vacancy from Dec. 23 to 26, 1960.
\2\Elected Nov. 7, 1944. Took oath Jan. 10, 1945. Governor during interim.
\3\Elected to full term commencing Jan. 3, 1985; subsequently appointed by governor to fill vacancy in term
ending Jan. 2, 1985. Resigned Feb. 1, 2013.
See footnotes at end of
Michigan table.
1847 1848
MICHIGAN
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
24th-25th....................... Lucius Lyon....... Jan. 26, 1837 Mar. 3, 1839 ......................
26th-28th....................... Augustus S. Porter Jan. 20, 1840 Mar. 3, 1845 ......................
29th-31st....................... Lewis Cass........ Mar. 4, 1845 Mar. 3, 1851 Res. May 29, 1848.
30th............................ Thomas Fitzgerald. June 8, 1848 Mar. 3, 1849 By gov., to fill vac.
30th-34th....................... Lewis Cass........ Mar. 4, 1849 Mar. 3, 1857 ......................
35th-43d........................ Zachariah Chandler Mar. 4, 1857 Mar. 3, 1875 ......................
44th-46th....................... Isaac P. Mar. 4, 1875 Mar. 3, 1881 Res. Feb. 10, 1879.
Christiancy.
46th............................ Zachariah Chandler Feb. 19, 1879 Do. Died Nov. 1, 1879.
Do............................ Henry P. Baldwin.. Nov. 17, 1879 Jan. 18, 1881 By gov., to fill vac.
Do............................ ......do.......... Jan. 19, 1881 Mar. 3, 1881 ......................
47th-49th....................... Omar D. Conger.... Mar. 4, 1881 Mar. 3, 1887 ......................
50th-55th....................... Francis B. Mar. 4, 1887 Mar. 3, 1899 Died Apr. 30, 1894.
Stockbridge.
53d............................. John Patton, Jr... May 5, 1894 Jan. 14, 1895 By gov., to fill vac.
53d-61st........................ Julius C. Burrows. Jan. 23, 1895 Mar. 3, 1911 ......................
62d-67th........................ Charles E. Mar. 4, 1911 Mar. 3, 1923 ......................
Townsend.
68th-70th....................... Woodbridge N. Mar. 4, 1923 Mar. 3, 1929 Died Mar. 23, 1928.
Ferris.
70th............................ Arthur H. Mar. 31, 1928 Nov. 5, 1928 By gov., to fill vac.
Vandenberg.
70th-82d........................ ......do.......... Nov. 6, 1928 Jan. 2, 1953 Died Apr. 18, 1951.
82d............................. Blair Moody....... Apr. 22, 1951 Nov. 4, 1952 By gov., to fill vac.
82d-85th........................ Charles E. Potter. Nov. 5, 1952 Jan. 2, 1959 (\1\)
86th-94th....................... Phillip A. Hart... Jan. 3, 1959 Jan. 2, 1977 Died Dec. 26, 1976.
94th-103d....................... Donald W. Riegle, Dec. 30, 1976 Jan. 2, 1995 (\2\)
Jr..
104th-106th..................... Spencer Abraham... Jan. 3, 1995 Jan. 2, 2001 ......................
107th-115th..................... Debbie Stabenow... Jan. 3, 2001 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
24th-26th....................... John Norvell...... Jan. 26, 1837 Mar. 3, 1841 ......................
27th-29th....................... William Woodbridge Mar. 4, 1841 Mar. 3, 1847 ......................
30th-32d........................ Alpheus Felch..... Mar. 4, 1847 Mar. 3, 1853 ......................
33d-35th........................ Charles E. Stuart. Mar. 4, 1853 Mar. 3, 1859 ......................
36th-38th....................... Kinsley S. Bingham Mar. 4, 1859 Mar. 3, 1865 Died Oct. 5, 1861.
37th-41st....................... Jacob M. Howard... Jan. 4, 1862 Mar. 3, 1871 ......................
42d-47th........................ Thomas W. Ferry... Mar. 4, 1871 Mar. 3, 1883 ......................
48th-50th....................... Thomas W. Palmer.. Mar. 4, 1883 Mar. 3, 1889 ......................
51st-59th....................... James McMillan.... Mar. 4, 1889 Mar. 3, 1907 Died Aug. 10, 1902.
57th............................ Russell A. Alger.. Sept. 27, 1902 Jan. 19, 1903 By gov., to fill vac.
57th-59th....................... ......do.......... Jan. 20, 1903 Mar. 3, 1907 Died Jan. 24, 1907.
59th-65th....................... William Alden Feb. 6, 1907 Mar. 3, 1919 ......................
Smith.
66th-68th....................... Truman H. Newberry Mar. 4, 1919 Mar. 3, 1925 Res. Nov. 18, 1922.
67th-68th....................... James Couzens..... Nov. 29, 1922 Nov. 3, 1924 By gov., to fill vac.
68th-74th....................... ......do.......... Nov. 4, 1924 Jan. 2, 1937 Died Oct. 22, 1936.
74th-77th....................... Prentiss M. Brown. Nov. 19, 1936 Jan. 2, 1943 (\3\)
MICHIGAN--Continued
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
78th-83d........................ Homer Ferguson.... Jan. 3, 1943 Jan. 2, 1955 ......................
84th-89th....................... Patrick V. Jan. 3, 1955 Jan. 2, 1967 Died Apr. 30, 1966.
McNamara.
89th............................ Robert P. Griffin. May 11, 1966 Jan. 2, 1967 By gov., to fill vac.
89th-95th....................... ......do.......... Jan. 3, 1967 Jan. 2, 1979 ......................
96th-113th...................... Carl Levin........ Jan. 3, 1979 Jan. 2, 2015 ......................
----------------------------------------------------------------------------------------------------------------
\1\Elected Nov. 4, 1952, to fill vacancy in term ending Jan. 2, 1953, and also to full term ending Jan. 2, 1959.
\2\Elected to full term commencing Jan. 3, 1977; subsequently appointed by governor to fill vacancy in term
ending Jan. 2, 1977.
\3\Elected to full term commencing Jan. 3, 1937; subsequently appointed by governor to fill vacancy in term
ending Jan. 2, 1937.
Footnotes continued on next
page.
1849 1850
MINNESOTA
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
35th-37th....................... Henry M. Rice..... May 11, 1858 Mar. 3, 1863 ......................
38th-43d........................ Alexander Ramsey.. Mar. 4, 1863 Mar. 3, 1875 ......................
44th-49th....................... Samuel J. R. Mar. 4, 1875 Mar. 3, 1887 ......................
McMillan.
50th-58th....................... Cushman K. Davis.. Mar. 4, 1887 Mar. 3, 1905 Died Nov. 27, 1900.
56th............................ Charles A. Towne.. Dec. 5, 1900 Jan. 28, 1901 By gov., to fill vac.
56th-64th....................... Moses E. Clapp.... Jan. 28, 1901 Mar. 3, 1917 ......................
65th-67th....................... Frank B. Kellogg.. Mar. 4, 1917 Mar. 3, 1923 ......................
68th-79th....................... Henrik Shipstead.. Mar. 4, 1923 Jan. 2, 1947 ......................
80th-85th....................... Edward J. Thye.... Jan. 3, 1947 Jan. 2, 1959 ......................
86th-91st....................... Eugene J. McCarthy Jan. 3, 1959 Jan. 2, 1971 ......................
92nd-97th....................... Hubert H. Humphrey Jan. 3, 1971 Jan. 2, 1983 Died Jan. 13, 1978.
95th............................ Muriel Humphrey... Jan. 25, 1978 Nov. 7, 1978 By gov., to fill vac.
95th-103d....................... David Durenberger. Nov. 8, 1978 Jan. 2, 1995 ......................
104th-106th..................... Rod Grams......... Jan. 3, 1995 Jan. 2, 2001 ......................
107th-109th..................... Mark Dayton....... Jan. 3, 2001 Jan. 2, 2007 ......................
110th-115th..................... Amy Klobuchar..... Jan. 3, 2007 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
35th............................ James Shields..... May 11, 1858 Mar. 3, 1859 ......................
36th-38th....................... Morton S. Mar. 4, 1859 Mar 3, 1865 ......................
Wilkinson.
39th-41st....................... Daniel S. Norton.. Mar. 4, 1865 Mar. 3, 1871 Died July 13, 1870.
41st............................ William Windom.... July 15, 1870 Jan. 22, 1871 By gov., to fill vac.
Do............................ Ozora P. Stearns.. Jan. 23, 1871 Mar. 3, 1871 ......................
42d-47th........................ William Windom.... Mar. 4, 1871 Mar. 3, 1883 Res. Mar. 7, 1881.
47th............................ A. J. Edgerton.... Mar. 12, 1881 Nov. 14, 1881 By gov. to fill vac.
Do............................ William Windom.... Nov. 15, 1881 Mar. 3, 1883 ......................
48th-50th....................... Dwight M. Sabin... Mar. 4, 1883 Mar. 3, 1889 ......................
51st-53d........................ William D. Mar. 4, 1889 Mar. 3, 1895 ......................
Washburn.
54th-68th....................... Knute Nelson...... Mar. 4, 1895 Mar. 3, 1925 Died Apr. 28, 1923.
68th............................ Magnus Johnson.... July 16, 1923 Do. ......................
69th-74th....................... Thomas D. Schall.. Mar. 4, 1925 Jan. 2, 1937 Died Dec. 22, 1935.
74th............................ Elmer A. Benson... Dec. 27, 1935 Nov. 3, 1936 By gov., to fill vac.
Do............................ Guy V. Howard..... Nov. 4, 1936 Jan. 2, 1937 ......................
75th-77th....................... Ernest Lundeen.... Jan. 3, 1937 Jan. 2, 1943 Died Aug. 31, 1940.
76th-77th....................... Joseph H. Ball.... Oct. 14, 1940 Nov. 17, 1942 By gov., to fill vac.
77th............................ Arthur E. Nelson.. Nov. 18, 1942 Jan. 2, 1943 ......................
78th-80th....................... Joseph H. Ball.... Jan. 3, 1943 Jan. 2, 1949 ......................
81st-89th....................... Hubert H. Humphrey Jan. 3, 1949 Jan. 2, 1967 (\1\)
88th-89th....................... Walter F. Mondale. Dec. 30, 1964 Jan. 2, 1967 By gov., to fill vac.
90th-95th....................... ......do.......... Jan. 3, 1967 Jan. 2, 1979 (\2\)
95th-97th....................... Wendell R. Dec. 30, 1976 Jan. 2, 1979 (\3\)
Anderson.
96th-101st...................... Rudolph E. Dec. 30, 1978 Jan. 2, 1991 (\4\)
Boschwitz.
102d-107th...................... Paul D. Wellstone. Jan. 3, 1991 Jan. 2, 2003 Died Oct. 25, 2002.
107th........................... Dean Barkley...... Nov. 4, 2002 Jan. 2, 2003 By gov., to fill vac.
108th-110th..................... Norm Coleman...... Jan. 3, 2003 Jan. 2, 2009
110th-113th..................... Al Franken........ July 7, 2009 Jan. 2, 2015 (\5\)
----------------------------------------------------------------------------------------------------------------
\1\Resigned Dec. 29, 1964, having been elected Vice President of the United States for the 45th term on Nov. 3,
1964.
\2\Resigned Dec. 30, 1976, having been elected Vice President of the United States for the 48th term on Nov. 2,
1976.
\3\By governor, to fill vacancy in term ending Jan. 2, 1979. Resigned Dec. 29, 1978.
\4\Elected to full term commencing Jan. 3, 1979; subsequently appointed by governor on Dec. 30, 1978, to fill
vacancy in term ending Jan. 2, 1979.
\5\The contested election case between Al Franken and Norm Coleman was resolved by the Minnesota Supreme Court
on June 30, 2009. Franken was sworn into office on July 7, 2009. Vacancy from Jan. 3 until July 6.
See footnotes at end of
Mississippi table.
1851 1852
MISSISSIPPI
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
15th-16th....................... Walter Leake...... Dec. 10, 1817 Mar. 3, 1821 Res. May 15, 1820.
16th............................ David Holmes...... Aug. 30, 1820 Do. By gov., to fill vac.
17th-19th....................... ......do.......... Mar. 4, 1821 Mar. 3, 1827 Res. Sept. 25, 1825.
19th............................ Powhatan Ellis.... Sept. 28, 1825 Jan. 28, 1826 By gov., to fill vac.
19th............................ Thomas B. Reed.... Jan. 28, 1826 Mar. 3, 1827 ......................
20th-22d........................ Powhatan Ellis.... Mar. 4, 1827 Mar. 3, 1833 Res. July 10, 1832.
22d............................. John Black........ Nov. 12, 1832 Do. By gov., to fill vac.
23d-25th........................ ......do.......... Mar. 4, 1833 Mar. 3, 1839 Res. Jan. 22, 1838.
25th............................ James F. Trotter.. Jan. 22, 1838 Do. Res. July 10, 1838.
Do............................ Thomas Hickman Nov. 12, 1838 Jan. 29, 1839 By gov., to fill vac.
Williams.
Do............................ ......do.......... Jan. 30, 1839 Mar. 3, 1839 ......................
26th-28th....................... John Henderson.... Mar. 4, 1839 Mar. 3, 1845 ......................
29th-31st....................... Jesse Speight..... Mar. 4, 1845 Mar. 3, 1851. Died May 1, 1847.
30th............................ Jefferson Davis... Aug. 10, 1847 Jan. 10, 1848 By gov., to fill vac.
30th-34th....................... ......do.......... Jan. 11, 1848 Mar. 3, 1857 Res. Sept. 23, 1851.
32d............................. John J. McRae..... Dec. 1, 1851 Mar.17,1852 By gov., to fill vac.
32d-34th........................ Stephen Adams..... Mar. 17, 1852 Mar. 3, 1857 ......................
35th-37th....................... Jefferson Davis... Mar. 4, 1857 Mar. 3, 1863 (\1\)
41st-43d........................ Adelbert Ames..... Feb. 23, 1870 Mar. 3, 1875 (\2\)
43d............................. Henry R. Pease.... Feb. 3, 1874 Do. ......................
44th-46th....................... Blanche K. Bruce.. Mar. 4, 1875 Mar. 3, 1881 ......................
47th-55th....................... James Z. George... Mar. 4, 1881 Mar. 3, 1899 Died Aug. 14, 1897.
55th............................ Hernando D. Money. Oct. 8, 1897 Jan. 18, 1898 By gov., to fill vac.
55th-61st....................... ......do.......... Jan. 19, 1898 Mar. 3, 1911 ......................
62d-67th........................ John Sharp Mar. 4, 1911 Mar. 3, 1923 ......................
Williams.
68th-73d........................ Hubert D. Stephens Mar. 4, 1923 Jan. 2, 1935 ......................
74th-82d........................ Theodore G. Bilbo. Jan. 3, 1935 Jan. 2, 1953 (\3\)
80th-100th...................... John C. Stennis... Nov. 5, 1947 Jan. 2, 1989 ......................
101st-112th..................... Trent Lott........ Jan. 3, 1989 Jan. 2, 2013 Res. Dec. 18, 2007
110th........................... Roger F. Wicker... Dec. 31, 2007 Nov. 4, 2008 By gov., to fill vac.
110th-115th..................... ......do.......... Nov. 5, 2008 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
15th-20th....................... Thomas Hill Dec. 10, 1817 Mar. 3, 1829 ......................
Williams.
21st-23d........................ Thomas B. Reed.... Mar. 4, 1829 Mar. 3, 1835 Died Nov. 26, 1829.
Do............................ Robert H. Adams... Jan. 6, 1830 Do. Died July 2, 1830.
21st............................ George Poindexter. Oct. 15, 1830 Nov. 17, 1830 By gov., to fill vac.
21st-23d........................ ......do.......... Nov. 18, 1830 Mar. 3, 1835 ......................
24th-29th....................... Robert J. Walker.. Mar. 4, 1835 Mar. 3, 1847 Res. Mar. 5, 1845.
29th............................ Joseph W. Chalmers Nov. 3, 1845 Jan. 9, 1846 By gov., to fill vac.
Do.......................... ......do.......... Jan. 10, 1846 Mar. 3, 1847 ......................
30th-32d........................ Henry Stuart Foote Mar. 4, 1847 Mar. 3, 1853 Res. Jan. 8, 1852.
32d............................. Walker Brooke..... Feb. 18, 1852 Do. ......................
33d-38th........................ Albert G. Brown... Jan. 7, 1854 Mar. 3, 1865 (\4\)
41st............................ Hiram R. Revels... Feb. 23, 1870 Mar. 3, 1871 (\5\)
42d-44th........................ James L. Alcorn... Dec. 4, 1871 Mar. 3, 1877 (\6\)
45th-50th....................... Lucius Q. C. Lamar Mar. 4, 1877 Mar. 3, 1889 Res. Mar. 6, 1885.
49th............................ Edward C. Walthall Mar. 9, 1885 Jan. 20, 1886 By gov., to fill vac.
49th-53d........................ ......do.......... Jan. 20, 1886 Mar. 3, 1895 Res. Jan. 24, 1894.
53d............................. Anselm J. McLaurin Feb. 7, 1894 Do. ......................
54th-56th....................... Edward C. Walthall Mar. 4, 1885 Mar. 3, 1901 Died Apr. 21, 1898.
55th-56th....................... William V. May 31, 1898 Jan. 15, 1900 By gov., to fill vac.
Sullivan.
56th............................ ......do.......... Jan. 16, 1900 Mar. 3, 1901 ......................
57th-62d........................ Anselm J. McLaurin Mar. 4, 1901 Mar. 3, 1913 Died Dec. 22, 1909.
61st............................ James Gordon...... Dec. 27, 1909 Feb. 22, 1910 By gov., to fill vac.
61st-62d........................ Le Roy Percy...... Feb. 23, 1910 Mar. 3, 1913 ......................
63d-65th........................ James K. Vardaman. Mar. 4, 1913 Mar. 3, 1919 ......................
MISSISSIPPI--Continued
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
66th-77th....................... Pat Harrison...... Mar. 4, 1919 Jan. 2, 1943 Died June 22, 1941.
77th............................ James O. Eastland. June 30, 1941 Sept. 28, 1941 By gov., to fill vac.
Do............................ Wall Doxey........ Sept. 29, 1941 Jan. 2, 1943 ......................
78th-95th....................... James O. Eastland. Jan. 3, 1943 Jan. 2, 1979 Res. Dec. 27, 1978.
95th-113th...................... Thad Cochran...... Dec. 27, 1978 Jan. 2, 2015 (\7\)
----------------------------------------------------------------------------------------------------------------
\1\Withdrew from the Senate Jan. 21, 1861. Seat declared vacant Mar. 14, 1861. Because of Civil War, vacancy
from Jan. 21, 1861, to Feb. 23, 1870, when Mississippi was readmitted to representation.
\2\By legislature, to fill vacancy in term beginning Mar. 4, 1869. Credentials challenged; seated Apr. 1, 1870.
Resigned Jan. 10, 1874.
\3\Oath not administered for term beginning Jan. 3, 1947. Died Aug. 21, 1947. Vacancy from Aug. 21 to Nov. 4,
1947.
\4\Vacancy from Mar. 4, 1853, to Jan. 6, 1854, because of legislature's failure to elect. Brown was elected on
Jan. 7 and took his seat Jan. 26. Withdrew from the Senate Jan. 12, 1861. Seat declared vacant Mar. 14, 1861.
Because of Civil War, vacancy from Jan. 13, 1861, to Feb. 23, 1870, when Mississippi was readmitted to
representation.
\5\By legislature, to fill vacancy in term beginning Mar. 4, 1865. Credentials challenged; seated Feb. 25, 1870.
\6\Elected Jan. 18, 1870, for term beginning Mar. 4, 1871. Took oath Dec. 4, 1871. Governor during interim.
\7\Elected to full term commencing Jan. 3, 1979; subsequently appointed by governor to fill vacancy in term
ending Jan. 2, 1979.
See footnotes at end of
Missouri table.
1853 1854
MISSOURI
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
17th-31st....................... Thomas H. Benton.. Aug. 10, 1821 Mar. 3, 1851 ......................
32d-34th........................ Henry S. Geyer.... Mar. 4, 1851 Mar. 3, 1857 ......................
35th-37th....................... Trusten Polk...... Mar. 4, 1857 Mar. 3, 1863 Exp. Jan. 10, 1862.
37th............................ John B. Henderson. Jan. 17, 1862 Jan. 5, 1863 By gov., to fill vac.
37th-40th....................... ......do.......... Jan. 6, 1863 Mar. 3, 1869 ......................
41st-43d........................ Carl Schurz....... Mar. 4, 1869 Mar. 3, 1875 ......................
44th-58th....................... Francis M. Mar. 4, 1875 Mar. 3, 1905 ......................
Cockrell.
59th-61st....................... William Warner.... Mar. 18, 1905 Mar. 3, 1911 (\1\)
62d-70th........................ James A. Reed..... Mar. 4, 1911 Mar. 3, 1929 ......................
71st-73d........................ Roscoe C. Mar. 4, 1929 Jan. 2, 1935 ......................
Patterson.
74th-79th....................... Harry S. Truman... Jan. 3, 1935 Jan. 2, 1947 (\2\)
79th............................ Frank P. Briggs... Jan. 18, 1945 Do. By gov., to fill vac.
80th-82d........................ James P. Kem...... Jan. 3, 1947 Jan. 2, 1953 ......................
83d-94th........................ Stuart Symington.. Jan. 3, 1953 Jan. 2, 1977 Res. Dec. 27, 1976.
94th-103d....................... John C. Danforth.. Dec. 27, 1976 Jan. 2, 1995 (\3\)
104th-106th..................... John Ashcroft..... Jan. 3, 1995 Jan. 2, 2001 ......................
107th........................... Jean Carnahan..... Jan. 3, 2001 Nov. 23, 2002 (\4\)
107th-109th..................... Jim Talent........ Nov. 23, 2002 Jan. 2, 2007 ......................
110th-115th..................... Claire McCaskill.. Jan. 3, 2007 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
17th-21st....................... David Barton...... Aug. 10, 1821 Mar. 3, 1831 ......................
22d-24th........................ Alexander Buckner. Mar. 4, 1831 Mar. 3, 1837 Died June 6, 1833.
23d............................. Lewis F. Linn..... Oct. 25, 1833 Nov. 19, 1834 By gov., to fill vac.
23d-30th........................ ......do.......... Nov. 20, 1834 Mar. 3, 1849 Died Oct. 3, 1843.
28th............................ David R. Atchison. Oct. 14, 1843 Nov. 19, 1844 By gov., to fill vac.
28th-33d........................ ......do.......... Nov. 20, 1844 Mar. 3, 1855 ......................
34th-36th....................... James S. Green.... Jan. 12, 1857 Mar. 3, 1861 (\5\)
37th-39th....................... Waldo P. Johnson.. Mar. 17, 1861 Mar. 3, 1867 Exp. Jan. 10, 1862.
37th-38th....................... Robert Wilson..... Jan. 17, 1862 Nov. 13, 1863 By gov., to fill vac.
38th-39th....................... B. Gratz Brown.... Nov. 13, 1863 Mar. 3, 1867 ......................
40th-42d........................ Charles D. Drake.. Mar. 4, 1867 Mar. 3, 1873 Res. Dec. 19, 1870.
41st............................ Daniel T. Jewett.. Dec. 19, 1870 Jan. 20, 1871 By gov., to fill vac.
41st-42d........................ Francis P. Blair.. Jan. 20, 1871 Mar. 3, 1873 ......................
MISSOURI--Continued
Class 3
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
43d-45th........................ Lewis V. Bogy..... Mar. 4, 1873 Mar. 4, 1879 Died Sept. 20, 1877.
45th............................ David H. Armstrong Sept. 29, 1877 Jan. 26, 1879 By gov., to fill vac.
Do............................ James Shields..... Jan. 27, 1879 Mar. 3, 1879 ......................
46th-57th....................... George G. Vest.... Mar. 4, 1879 Mar. 3, 1903 ......................
58th-66th....................... William J. Stone.. Mar. 4, 1903 Mar. 3, 1921 Died Apr. 14, 1918.
65th............................ Xenophon P. Apr. 30, 1918 Nov. 5, 1918 By gov., to fill vac.
Wilfley.
65th-69th....................... Selden P. Spencer. Nov. 6, 1918 Mar. 3, 1927 Died May 16, 1925.
69th............................ George H. Williams May 25, 1925 Dec. 5, 1926 By gov., to fill vac.
69th-72d........................ Harry B. Hawes.... Dec. 6, 1926 Mar. 3, 1933 Res. Feb. 3, 1933.
72d-78th........................ Joel Bennett Clark Feb. 3, 1933 Jan. 2, 1945 (\6\)
79th-81st....................... Forrest C. Donnell Jan. 3, 1945 Jan. 2, 1951 ......................
82d-87th........................ Thomas C. Jan. 3, 1951 Jan. 2, 1963 Died Sept. 13, 1960.
Hennings, Jr..
86th............................ Edward V. Long.... Sept. 23, 1960 Nov. 8, 1960 By gov., to fill vac.
86th-90th....................... ......do.......... Nov. 9, 1960 Jan. 2, 1969 Res. Dec. 27, 1968.
90th-99th....................... Thomas F. Eagleton Dec. 28, 1968 Jan. 2, 1987 (\7\)
100th-111th..................... Christopher S. Jan. 3, 1987 Jan. 2, 2011 ......................
Bond.
112th-114th..................... Roy Blunt......... Jan. 3, 2011 Jan. 2, 2017
----------------------------------------------------------------------------------------------------------------
\1\Vacancy from Mar. 4 to Mar. 17, 1905, because of failure of legislature to elect.
\2\Resigned Jan. 17, 1945, having been elected Vice President of the United States for the 40th term on Nov. 7,
1944.
\3\Elected to full term commencing Jan. 3, 1977; subsequently appointed by governor to fill vacancy in term
ending Jan. 2, 1977.
\4\By governor, to fill vacancy caused by death of husband Mel, who was posthumously elected to term ending Jan.
2, 2007. Defeated in special election.
\5\Vacancy from Mar. 4, 1855, to Jan. 12, 1857, and from Mar. 3 to Mar. 17, 1861.
\6\Elected to full term commencing Mar. 4, 1933; subsequently appointed by governor to fill vacancy in term
ending Mar. 3, 1933.
\7\Elected to full term commencing Jan. 3, 1969; subsequently appointed by governor to fill vacancy in term
ending Jan. 2, 1969.
1855 1856
MONTANA
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
51st-52d........................ Wilbur F. Sanders. Jan. 1, 1890 Mar. 3, 1893 ......................
53d-55th........................ Lee Mantle........ Jan. 16, 1895 Mar. 3, 1899 (\1\)
56th-58th....................... William A. Clark.. Mar. 4, 1899 Mar. 3, 1905 (\2\)
57th-58th....................... Paris Gibson...... Mar. 7, 1901 Do. ......................
59th-61st....................... Thomas H. Carter.. Mar. 4, 1905 Mar. 3, 1911 ......................
62d-67th........................ Henry L. Myers.... Mar. 4, 1911 Mar. 3, 1923 ......................
68th-79th....................... Burton K. Wheeler. Mar. 4, 1923 Jan. 2, 1947 ......................
80th-82d........................ Zales N. Ecton.... Jan. 3, 1947 Jan. 2, 1953 ......................
83d-94th........................ Mike Mansfield.... Jan. 3, 1953 Jan. 2, 1977 ......................
95th-100th...................... John Melcher...... Jan. 3, 1977 Jan. 2, 1989 ......................
101st-109th..................... Conrad Burns...... Jan. 3, 1989 Jan. 2, 2007 ......................
110th-115th..................... Jon Tester........ Jan. 3, 2007 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
51st-53d........................ Thomas C. Power... Jan. 2, 1890 Mar. 3, 1895 ......................
54th-56th....................... Thomas H. Carter.. Mar. 4, 1895 Mar. 3, 1901 ......................
57th-59th....................... William A. Clark.. Mar. 4, 1901 Mar. 3, 1907 ......................
60th-62d........................ Joseph M. Dixon... Mar. 4, 1907 Mar. 3, 1913 ......................
63d-74th........................ Thomas J. Walsh... Mar. 4, 1913 Jan. 2, 1937 Died Mar. 2, 1933.
73d............................. John E. Erickson.. Mar. 13, 1933 Nov. 6, 1934 By gov., to fill vac.
73d-86th........................ James E. Murray... Nov. 7, 1934 Jan. 2, 1961 ......................
87th-95th....................... Lee Metcalf....... Jan. 3, 1961 Jan. 2, 1979 Died Jan. 12, 1978.
95th............................ Paul G. Hatfield.. Jan. 22, 1978 Do. (\3\)
95th-113th...................... Max Baucus........ Dec. 15, 1978 Jan. 2, 2015 Res. Feb. 6, 2014.\4\
113th........................... John E. Walsh..... Feb. 9, 2014 Do. By gov., to fill vac.
----------------------------------------------------------------------------------------------------------------
\1\Vacancy from Mar. 4, 1893, to Jan. 16, 1895, because of failure of legislature to elect.
\2\Resigned, to take effect May 15, 1900. Vacancy from May 15, 1900, to Mar. 7, 1901.
\3\By governor, to fill vacancy in term ending Jan. 2, 1979. Resigned Dec. 14, 1978.
\4\Elected to full term commencing Jan. 3, 1979; subsequently appointed by governor to fill vacancy in term
ending Jan. 2, 1979.
1857 1858
NEBRASKA
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
40th-43d........................ Thomas W. Tipton.. Mar. 1, 1867 Mar. 3, 1875 ......................
44th-46th....................... Algernon S. Mar. 4, 1875 Mar. 3, 1881 ......................
Paddock.
47th-49th....................... Charles H. Van Mar. 4, 1881 Mar. 3, 1887 ......................
Wyck.
50th-52d........................ Algernon S. Mar. 4, 1887 Mar. 3, 1893 ......................
Paddock.
53d-55th........................ William V. Allen.. Mar. 4, 1893 Mar. 3, 1899 ......................
56th-58th....................... Monroe L. Hayward. Mar. 8, 1899 Mar. 3, 1905 (\1\)
56th-57th....................... William V. Allen.. Dec. 13, 1899 Mar. 28, 1901 By gov., to fill vac.
57th-58th....................... Charles H. May 1, 1901 Mar. 3, 1905 (\2\)
Dietrich.
59th-61st....................... Elmer J. Burkett.. Mar. 4, 1905 Mar. 3, 1911 ......................
62d-67th........................ Gilbert M. Mar. 4, 1911 Mar. 3, 1923
Hitchcock.
68th-73d........................ Robert B. Howell.. Mar. 4, 1923 Jan. 2, 1935 (\3\)
73d............................. William H. May 24, 1933 Nov. 6, 1934 By gov., to fill vac.
Thompson.
Do............................ Richard C. Hunter. Nov. 7, 1934 Jan. 2, 1935 ......................
74th-76th....................... Edward R. Burke... Jan. 3, 1935 Jan. 2, 1941 ......................
77th-85th....................... Hugh Butler....... Jan. 3, 1941 Jan. 2, 1959 Died July 1, 1954.
83d............................. Sam W. Reynolds... July 3, 1954 Nov. 7, 1954 By gov., to fill vac.
83d-94th........................ Roman L. Hruska... Nov. 8, 1954 Jan. 2, 1977 Res. Dec. 27, 1976.
94th-100th...................... Edward Zorinsky... Dec. 28, 1976 Jan. 2, 1989 (\4\)
100th........................... David K. Karnes... Mar. 11, 1987 Jan. 2, 1989 By gov., to fill vac.
101st-106th..................... J. Robert Kerrey.. Jan. 3, 1989 Jan. 2, 2001 ......................
107th-112th..................... Ben Nelson........ Jan. 3, 2001 Jan. 2, 2013 ......................
113th-115th..................... Debra Fischer..... Jan. 3, 2003 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
40th-41st....................... John M. Thayer.... Mar. 1, 1867 Mar. 3, 1871 ......................
42d-44th........................ Phineas W. Mar. 4, 1871 Mar. 3, 1877 ......................
Hitchcock.
45th-47th....................... Alvin Saunders.... Mar. 4, 1877 Mar. 3, 1883 ......................
48th-53d........................ Charles F. Mar. 4, 1883 Mar. 3, 1895 ......................
Manderson.
54th-56th....................... John M. Thurston.. Mar. 4, 1895 Mar. 3, 1901 ......................
57th-59th....................... Joseph H. Millard. Mar. 28, 1901 Mar. 3, 1907 (\5\)
60th-62d........................ Norris Brown...... Mar. 4, 1907 Mar. 3, 1913 ......................
63d-77th........................ George W. Norris.. Mar. 4, 1913 Jan. 2, 1943 ......................
78th-83d........................ Kenneth S. Wherry. Jan. 3, 1943 Jan. 2, 1955 Died Nov. 29, 1951.
82d............................. Fred A. Seaton.... Dec. 10, 1951 Nov. 4, 1952 By gov., to fill vac.
82d-83d......................... Dwight Griswold... Nov. 5, 1952 Jan. 2, 1955 Died Apr. 12, 1954.
83d............................. Eva Bowring....... Apr. 16, 1954 Nov. 7, 1954 By gov., to fill vac.
Do............................ Hazel H. Abel..... Nov. 8, 1954 Jan. 2, 1955 Res. Dec. 31, 1954.
84th-95th....................... Carl T. Curtis.... Jan. 1, 1955 Jan. 2, 1979 (\6\)
96th-104th...................... J.J. Exon......... Jan. 3, 1979 Jan. 2, 1997 ......................
105th-110th..................... Chuck Hagel....... Jan. 3, 1997 Jan. 2, 2009 ......................
111th-113th..................... Mike Johanns...... Jan. 3, 2009 Jan. 2, 2015 ......................
----------------------------------------------------------------------------------------------------------------
\1\Elected Mar. 8, 1899, to fill vacancy caused by failure of legislature to elect, but died Dec. 5, 1899,
before qualifying.
\2\Elected Mar. 28, 1901. Did not resign as governor until May 1, 1901. Seated Dec. 2, 1901.
\3\Died Mar. 11, 1933. Vacancy from Mar. 12 to May 23, 1933.
\4\Elected to full term commencing Jan. 3, 1977; subsequently appointed by governor to fill vacancy in term
ending Jan. 2, 1977. Died Mar. 6, 1987.
\5\Vacancy from Mar. 3 to Mar. 28, 1901, because of failure of legislature to elect.
\6\Elected to full term commencing Jan. 3, 1955; subsequently appointed by governor Jan. 1, 1955, to fill
vacancy in term ending Jan. 2, 1955.
See footnotes at end of
Nevada table.
1859 1860
NEVADA
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
38th-43d........................ William M. Stewart Dec. 15, 1864 Mar. 3, 1875 ......................
44th-46th....................... William Sharon.... Mar. 4, 1875 Mar. 3, 1881 ......................
47th-49th....................... James G. Fair..... Mar. 4, 1881 Mar. 3, 1887 ......................
50th-58th....................... William M. Stewart Mar. 4, 1887 Mar. 3, 1905 ......................
59th-64th....................... George S. Nixon... Mar. 4, 1905 Mar. 3, 1917 Died June 5, 1912.
62d............................. William A. Massey. July 1, 1912 Jan. 29, 1913 By gov., to fill vac.
62d-76th........................ Key Pittman....... Jan. 29, 1913 Jan. 2, 1941 Died Nov. 10, 1940.
76th-77th....................... Berkeley L. Bunker Nov. 27, 1940 Dec. 6, 1942 By gov., to fill vac.
77th-79th....................... James G. Scrugham. Dec. 7, 1942 Jan. 2, 1947 Died June 23, 1945.
79th............................ E.P. Carville..... July 25, 1945 Do. By gov., to fill vac.
80th-85th....................... George W. Malone.. Jan. 3, 1947 Jan. 2, 1959 ......................
86th-97th....................... Howard W. Cannon.. Jan. 3, 1959 Jan. 2, 1983 ......................
98th-100th...................... Chic Hecht........ Jan. 3, 1983 Jan. 2, 1989 ......................
101st-106th..................... Richard H. Bryan.. Jan. 3, 1989 Jan. 2, 2001 ......................
107th-112th..................... John Ensign....... Jan. 3, 2001 Jan. 2, 2013 Res. May 3, 2011
112th........................... Dean Heller....... May 9, 2011 Do. By gov., to fill vac.
113th-115th..................... ......do.......... Jan. 3, 2013 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
38th-42d........................ James W. Nye...... Dec. 16, 1864 Mar. 3, 1873 ......................
43d-57th........................ John P. Jones..... Mar. 4, 1873 Mar. 3, 1903 ......................
58th-66th....................... Francis G. Mar. 4, 1903 Mar. 3, 1921 Died Dec. 24, 1917.
Newlands.
65th............................ Charles B. Jan. 12, 1918 Nov. 5, 1918 By gov., to fill vac.
Henderson.
65th-66th....................... ......do.......... Nov. 6, 1918 Mar. 3, 1921 ......................
67th-72d........................ Tasker L. Oddie... Mar. 4, 1921 Mar. 3, 1933 ......................
73d-84th........................ Patrick A. Mar. 4, 1933 Jan. 2, 1957 Died Sept. 28, 1954.
McCarran.
83d............................. Ernest S. Brown... Oct. 1, 1954 Dec. 1, 1954 By gov., to fill vac.
83d-93d......................... Alan Bible........ Dec. 2, 1954 Jan. 2, 1975 Res. Dec. 17, 1974.
93d-99th........................ Paul Laxalt....... Dec. 18, 1974 Jan. 2, 1987 (\1\)
100th-114th..................... Harry M. Reid..... Jan. 3, 1987 Jan. 2, 2017
----------------------------------------------------------------------------------------------------------------
\1\Elected to full term commencing Jan. 3, 1975; subsequently appointed by governor to fill vacancy in term
ending Jan. 2, 1975.
See footnotes at end of New
Hampshire table.
1861 1862
NEW HAMPSHIRE
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
1st-2d.......................... Paine Wingate..... Mar. 4, 1789 Mar. 3, 1793 ......................
3d-8th.......................... Samuel Livermore.. Mar. 4, 1793 Mar. 3, 1805 Res. June 12, 1801.
7th-8th......................... Simeon Olcott..... June 17, 1801 Do. ......................
9th-14th........................ Nicholas Gilman... Mar. 4, 1805 Mar. 3, 1817 Died May 2, 1814.
13th-14th....................... Thomas W. Thompson June 24, 1814 Do. ......................
15th-17th....................... David L. Morrill.. Mar. 4, 1817 Mar. 3, 1823 ......................
18th-23d........................ Samuel Bell....... Mar. 4, 1823 Mar. 3, 1835 ......................
24th-26th....................... Henry Hubbard..... Mar. 4, 1835 Mar. 3, 1841 ......................
27th-29th....................... Levi Woodbury..... Mar. 4, 1841 Mar. 3, 1847 Res. Nov. 20, 1845.
29th............................ Benning W. Jenness Dec. 1, 1845 June13,1846 By gov., to fill vac.
Do............................ Joseph Cilley..... June 13, 1846 Mar. 3, 1847 ......................
30th-32d........................ John P. Hale...... Mar. 4, 1847 Mar. 3, 1853 ......................
33d-35th........................ Charles G. Mar. 4, 1853 Mar. 3, 1859 Died Nov. 15, 1853.
Atherton.
33d............................. Jared W. Williams. Nov. 29, 1853 Aug. 4, 1854 (\1\)
34th-38th....................... John P. Hale...... July 30, 1855 Mar. 3, 1865 ......................
39th-44th....................... Aaron H. Cragin... Mar. 4, 1865 Mar. 3, 1877 ......................
45th-47th....................... Edward H. Rollins. Mar. 4, 1877 Mar. 3, 1883 ......................
48th-50th....................... Austin F. Pike.... Mar. 4, 1883 Mar. 3, 1889 Died Oct. 8, 1886.
49th-50th....................... Person C. Cheney.. Nov. 24, 1886 June14,1887 By gov., to fill vac.
50th............................ William E. June 14, 1887 Mar. 3, 1889 ......................
Chandler.
51st............................ Gilman Marston.... Mar. 4, 1889 June18,1889 By gov., to fill vac.
51st-56th....................... William E. June 18, 1889 Mar. 3, 1901 ......................
Chandler.
57th-62d........................ Henry E. Burnham.. Mar. 4, 1901 Mar. 3, 1913 ......................
63d-65th........................ Henry F. Hollis... Mar. 13, 1913 Mar. 3, 1919 (\2\)
66th-74th....................... Henry W. Keyes.... Mar. 4, 1919 Jan. 2, 1937 ......................
75th-89th....................... Styles Bridges.... Jan. 3, 1937 Jan. 2, 1967 Died Nov. 26, 1961.
87th............................ Maurice J. Murphy, Dec. 7, 1961 Nov. 6, 1962 By gov., to fill vac.
Jr..
87th-95th....................... Thomas J. McIntyre Nov. 7, 1962 Jan. 2, 1979 ......................
96th-101st...................... Gordon J. Humphrey Jan. 3, 1979 Jan. 2, 1991 Res. Dec. 4, 1990.
101st-107th..................... Robert C. Smith... Dec. 7, 1990 Jan. 2, 2003 (\3\)
108th-110th..................... John E. Sununu.... Jan. 3, 2003 Jan. 2, 2009 ......................
111th-113th..................... Jeanne Shaheen.... Jan. 3, 2009 Jan. 2, 2015 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
1st-6th......................... John Langdon...... Mar. 4, 1789 Mar. 3, 1801 ......................
7th-9th......................... James Sheafe...... Mar. 4, 1801 Mar. 3, 1807 Res. June 14, 1802.
See footnotes at end of New
Hampshire table.
NEW HAMPSHIRE--Continued
Class 3
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
Do.......................... William Plumer.... June 17, 1802 Do. ......................
10th-12th....................... Nahum Parker...... Mar. 4, 1807 Mar. 3, 1813 Res. June 1, 1810.
11th-12th....................... Charles Cutts..... June 21, 1810 Do. ......................
13th............................ ......do.......... Apr. 2, 1813 June10,1813 By gov., to fill vac.
13th-15th....................... Jeremiah Mason.... June 10, 1813 Mar. 3, 1819 Res. June 16, 1817.
15th............................ Clement Storer.... June 27, 1817 Do. ......................
16th-18th....................... John F. Parrott... Mar. 4, 1819 Mar. 3, 1825 ......................
19th-21st....................... Levi Woodbury..... June 16, 1825 Mar. 3, 1831 ......................
22d-24th........................ Isaac Hill........ Mar. 4, 1831 Mar. 3, 1837 Res. May 30, 1836.
24th............................ John Page......... June 8, 1836 Do. ......................
25th-27th....................... Franklin Pierce... Mar. 4, 1837 Mar. 3, 1834 Res. Feb. 28, 1842.
27th............................ Leonard Wilcox.... Mar. 1, 1842 June 8, 1842 By gov., to fill vac.
Do.......................... ......do.......... June 9, 1842 Mar. 3, 1843 ......................
28th-30th....................... Charles G. Mar. 4, 1843 Mar. 3, 1849 ......................
Atherton.
31st-33d........................ Moses Norris, Jr.. Mar. 4, 1849 Mar. 3, 1855 Died Jan. 11, 1855.
33d............................. John S. Wells..... Jan. 16, 1855 Do. (\4\)
34th-36th....................... James Bell........ July 30, 1855 Mar. 3, 1861 Died May 26, 1857.
35th-39th....................... Daniel Clark...... June 27, 1857 Mar. 3, 1867 Res. July 27, 1866.
39th............................ George G. Fogg.... Aug. 31, 1866 Do. By gov., to fill vac.
40th-42d........................ James W. Patterson Mar. 4, 1867 Mar. 3, 1873 ......................
43d-45th........................ Bainbridge Mar. 4, 1873 Mar. 3, 1879 ......................
Wadleigh.
46th............................ Charles H. Bell... Mar. 13, 1879 June16,1879 Do.
46th-48th....................... Henry W. Blair.... June 17, 1879 Mar. 3, 1885 ......................
49th............................ ......do.......... Mar. 5, 1885 June16,1885 Do.
49th-51st....................... ......do.......... June 17, 1885 Mar. 3, 1891 ......................
52d-66th........................ Jacob H. Gallinger Mar. 4, 1891 Mar. 3, 1921 Died Aug. 17, 1918.
65th............................ Irving W. Drew.... Sept. 2, 1918 Nov. 5, 1918 By gov., to fill vac.
65th-72d........................ George H. Moses... Nov. 6, 1918 Mar. 3, 1933 ......................
73d-75th........................ Fred H. Brown..... Mar. 4, 1933 Jan. 2, 1939 ......................
76th-84th....................... Charles W. Tobey.. Jan. 3, 1939 Jan. 2, 1957 Died July 24, 1953.
83d............................. Robert W. Upton... Aug. 14, 1953 Nov. 7, 1954 By gov., to fill vac.
83d-93d......................... Norris Cotton..... Nov. 8, 1954 Jan. 2, 1975 Res. Dec. 31, 1974.\5\
93d............................. Louis C. Wyman.... Dec. 31, 1974 Do. By gov., to fill vac.
94th............................ Norris Cotton..... Aug. 8, 1975 Sept. 17, 1975 (\6\)
94th-96th....................... John A. Durkin.... Sept. 18, 1975 Jan. 2, 1981 (\7\)
96th-102d....................... Warren Rudman..... Dec. 29, 1980 Jan. 2, 1993 (\8\)
103d-111th...................... Judd Gregg........ Jan. 3, 1993 Jan. 2, 2011 ......................
112th-114th... Kelly Ayotte...... Jan. 3, 2011 Jan. 2, 2017 ......................
----------------------------------------------------------------------------------------------------------------
\1\By governor, to fill vacancy. Senate resolution of Aug. 4, 1854, declared that representation under the
appointment had expired. Vacancy from Aug. 5, 1854, to July 29, 1855.
\2\Vacancy from Mar. 3 to Mar. 13, because of failure of legislature to elect.
\3\Elected to full term commencing Jan. 3, 1991; subsequently appointed by governor to fill vacancy in term
ending Jan. 2, 1991.
\4\By governor to fill vacancy. Vacancy from Mar. 4 to July 29, 1855.
\5\Elected Nov. 2, 1954, to fill vacancy in term ending Jan. 2, 1957. Seated Nov. 8, 1954. Served in House
during interim.
\6\By governor, to fill vacancy until new senatorial election. Vacancy Jan. 3, 1975, to Aug. 8, 1975, due to
contested election. On July 30, 1975, the Senate voted to declare the seat vacant as of Aug. 8, 1975; New
Hampshire called a special election fo fill the seat on September 16, 1975.
\7\Elected Sept. 16, 1975, to fill vacancy in unexpired term ending Jan. 2, 1981. Resigned Dec. 29, 1980.
\8\Elected to term commencing Jan. 3, 1981; subsequently appointed by governor to fill vacancy in term ending
Jan. 2, 1981.
See footnotes at end of New
Jersey table.
1863 1864
NEW JERSEY
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
1st............................. Jonathan Elmer.... Mar. 4, 1789 Mar. 3, 1791 ......................
2d-7th.......................... John Rutherfurd... Mar. 4, 1791 Mar. 3, 1803 Res. Nov. 26, 1798.
5th............................. Franklin Davenport Dec. 5, 1798 Mar. 3, 1799 By gov., to fill vac.
5th-7th......................... James Schureman... Mar. 4, 1799 Mar. 3, 1803 (\1\)
6th-7th......................... Aaron Ogden....... Feb. 28, 1801 Do. ......................
8th............................. John Condit....... Sept. 1, 1803 Nov. 2, 1803 (\2\)
8th-10th........................ ......do.......... Nov. 3, 1803 Mar. 3, 1809 ......................
11th-13th....................... John Lambert...... Mar. 4, 1809 Mar. 3, 1815 ......................
14th-16th....................... James J. Wilson... Mar. 4, 1815 Mar. 3, 1821 Res. Jan. 8, 1821.
16th............................ Samuel L. Southard Jan. 26, 1821 Do. By gov., to fill vac.
17th-19th....................... ......do.......... Mar. 4, 1821 Mar. 3, 1827 Res. Mar. 3, 1823.
18th-19th....................... Joseph McIlvaine.. Nov. 12, 1823 Do. Died Aug. 19, 1826.
19th-22d........................ Ephraim Bateman... Nov. 10, 1826 Mar. 3, 1833 Res. Jan. 12, 1829.
20th-22d........................ Mahlon Dickerson.. Jan. 30, 1829 Do. ......................
23d-28th........................ Samuel L. Southard Mar. 4, 1833 Mar. 3, 1845 Died June 26, 1842.
27th............................ William L. Dayton. July 2, 1842 Oct. 27, 1842 By gov., to fill vac.
27th-31st....................... ......do.......... Oct. 28, 1842 Mar. 3, 1851 ......................
32d-34th........................ Robert F. Stockton Mar. 4, 1851 Mar. 3, 1857 Res. Jan. 10, 1853.
33d-37th........................ John R. Thomson... Mar. 4, 1853 Mar. 3, 1863 Died Sept. 12, 1862.
37th............................ Richard S. Field.. Nov. 21, 1862 Jan. 14, 1863 By gov., to fill vac.
Do............................ James W. Wall..... Jan. 14, 1863 Mar. 3, 1863 ......................
38th-40th....................... William Wright.... Mar. 4, 1863 Mar. 3, 1869 Died Nov. 1, 1866.
39th............................ Frederick T. Nov. 12, 1866 Jan. 22, 1867 By gov., to fill vac.
Frelinghuysen.
39th-40th....................... ......do.......... Jan. 23, 1867 Mar. 3, 1869 ......................
41st-43d........................ John P. Stockton.. Mar. 4, 1869 Mar. 3, 1875 ......................
44th-46th....................... Theodore F. Mar. 4, 1875 Mar. 3, 1881 ......................
Randolph.
47th-49th....................... William J. Sewell. Mar. 4, 1881 Mar. 3, 1887 ......................
50th-52d........................ Rufus Blodgett.... Mar. 4, 1887 Mar. 3, 1893 ......................
53d-55th........................ James Smith, Jr... Mar. 4, 1893 Mar. 3, 1899 ......................
56th-61st....................... John Kean......... Mar. 4, 1899 Mar. 3, 1911 ......................
62d-64th........................ James E. Martine.. Mar. 4, 1911 Mar. 3, 1917 ......................
65th-67th....................... Joseph S. Mar. 4, 1917 Mar. 3, 1923 ......................
Frelinghuysen.
68th-70th....................... Edward I. Edwards. Mar. 4, 1923 Mar. 3, 1929 ......................
71st-73d........................ Hamilton F. Kean.. Mar. 4, 1929 Jan. 2, 1935 ......................
74th-76th....................... A. Harry Moore.... Jan. 3, 1935 Jan. 2, 1941 Res. Jan. 18, 1938.
75th............................ John Milton....... Jan. 18, 1938 Nov. 8, 1938 By gov., to fill vac.
75th-79th....................... W. Warren Barbour. Nov. 9, 1938 Jan. 2, 1947 Died Nov. 22, 1943.
78th............................ Arthur Walsh...... Nov. 26, 1943 Dec. 6, 1944 By gov., to fill vac.
78th-85th....................... H. Alexander Smith Dec. 7, 1944 Jan. 2, 1959 ......................
86th-97th....................... Harrison A. Jan. 3, 1959 Jan. 2, 1983 Res. Mar. 11, 1982
Williams, Jr..
97th............................ Nicholas F. Brady. Apr. 20, 1982 Do. By gov., to fill
vac.\3\
97th-106th...................... Frank R. Dec. 27, 1982 Jan. 2, 2001 (\4\)
Lautenberg.
107th-109th..................... John Corzine...... Jan. 3, 2001 Jan. 2, 2007 Res. Jan. 17, 2006
109th........................... Robert Menendez... Jan. 18, 2006 Do. By gov., to fill vac.
110th-115th..................... ......do.......... Jan. 3, 2007 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
1st-2d.......................... William Paterson.. Mar. 4, 1789 Mar. 3, 1793 Res. Nov. 13, 1790.
Do............................ Philemon Dickinson Nov. 23, 1790 Do. ......................
3d-5th.......................... Frederick Mar. 4, 1793 Mar. 3, 1799 Res. Nov. 12, 1796.
Frelinghuysen.
4th-5th......................... Richard Stockton.. Nov. 12, 1796 Do. ......................
6th-8th......................... Jonathan Dayton... Mar. 4, 1799 Mar. 3, 1805 ......................
9th-11th........................ Aaron Kitchell.... Mar. 4, 1805 Mar. 3, 1811 Res. Mar. 12, 1809.
11th............................ John Condit....... Mar. 21, 1809 Nov. 1, 1809 By gov., to fill vac.
11th-14th....................... ......do.......... Nov. 2, 1809 Mar. 3, 1817 ......................
15th-20th....................... Mahlon Dickerson.. Mar. 4, 1817 Mar. 3, 1829 Res. Jan. 30, 1829.
21st-23d........................ Theodore Mar. 4, 1829 Mar. 3, 1835 ......................
Frelinghuysen.
24th-26th....................... Garret D. Wall.... Mar. 4, 1835 Mar. 3, 1841 ......................
27th-32d........................ Jacob W. Miller... Mar. 4, 1841 Mar. 3, 1853 ......................
33d-35th........................ William Wright.... Mar. 4, 1853 Mar. 3, 1859 ......................
36th-38th....................... John C. Ten Eyck.. Mar. 4, 1859 Mar. 3, 1865 ......................
39th-41st....................... John P. Stockton.. Mar. 15, 1865 Mar. 3, 1871 (\5\)
Do............................ Alexander G. Sept. 19, 1866 Do. (\6\)
Cattell.
42d-44th........................ Frederick T. Mar. 4, 1871 Mar. 3, 1877 ......................
Frelinghuysen.
45th-53d........................ John R. McPherson. Mar. 4, 1877 Mar. 3, 1895 ......................
54th-59th....................... William J. Sewell. Mar. 4, 1895 Mar. 3, 1907 Died Dec. 27, 1901.
57th-59th....................... John F. Dryden.... Jan. 29, 1902 Do. ......................
60th-62d........................ Frank O. Briggs... Mar. 4, 1907 Mar. 3, 1913 ......................
63d-65th........................ William Hughes.... Mar. 4, 1913 Mar. 3, 1919 Died Jan. 30, 1918.
65th............................ David Baird....... Feb. 23, 1918 Nov. 5, 1918 By gov., to fill vac.
Do............................ ......do.......... Nov. 6, 1918 Mar. 3, 1919 ......................
66th-71st....................... Walter E. Edge.... Mar. 4, 1919 Mar. 3, 1931 Res. Nov. 21, 1929.
71st............................ David Baird, Jr... Nov. 30, 1929 Dec. 2, 1930 By gov., to fill vac.
71st-74th....................... Dwight W. Morrow.. Dec. 3, 1930 Jan. 2, 1937 Died Oct. 5, 1931.
72d............................. W. Warren Barbour. Dec. 1, 1931 Nov. 8, 1932 By gov., to fill vac.
72d-74th........................ ......do.......... Nov. 9, 1932 Jan. 2, 1937 ......................
NEW JERSEY--Continued
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
75th-77th....................... William H. Apr. 15, 1937 Jan. 2, 1943 (\7\)
Smathers.
78th-80th....................... Albert W. Hawkes.. Jan. 3, 1943 Jan. 2, 1949 ......................
81st-83d........................ Robert C. Jan. 3, 1949 Jan. 2, 1955 ......................
Hendrickson.
84th-95th....................... Clifford P. Case.. Jan. 3, 1955 Jan. 2, 1979 ......................
96th-104th...................... Bill Bradley...... Jan. 3, 1979 Jan. 2, 1997 ......................
105th-107th..................... Robert G. Jan. 3, 1997 Jan. 2, 2003
Torricelli.
108th-113th..................... Frank Lautenberg.. Jan. 3, 2003 Jan. 2, 2015
113th........................... Jeffrey Chiesa.... June 6, 2013 Oct. 30, 2013 By gov., to fill vac.
113th........................... Cory A. Booker.... Oct. 31, 2013 Jan. 2, 2015 ......................
----------------------------------------------------------------------------------------------------------------
\1\Elected Feb. 14, 1799. Served in the House during interim. Resigned Feb. 16, 1801.
\2\By governor, to fill vacancy. Vacancy from Mar. 3, to Sept. 1, 1803, because of failure of legislature to
elect.
\3\Resigned Dec. 27, 1982.
\4\Elected to full term commencing Jan. 3, 1983; subsequently appointed by governor, Dec. 27, 1982, to fill
vacancy in term ending Jan. 2, 1983.
\5\Seat declared vacant Mar. 27, 1866.
\6\Elected to fill unexpired term of John P. Stockton, unseated. Vacancy from Mar. 28 to Sept. 18, 1866.
\7\Elected Nov. 3, 1936. Took oath Apr. 15, 1937. Served as a state senator during interim.
See footnotes at end of New
Mexico table.
1865 1866
NEW MEXICO
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
62d-64th........................ Thomas B. Catron.. Mar. 27, 1912 Mar. 3, 1917 ......................
65th-70th....................... Andrieus A. Jones. Mar. 4, 1917 Mar. 3, 1929 Died Dec. 20, 1927.
70th............................ Bronson Cutting... Dec. 29, 1927 Dec. 6, 1928 By gov., to fill vac.
Do............................ Octaviano A. Dec. 7, 1928 Mar. 3, 1929 ......................
Larrazolo.
71st-76th....................... Bronson Cutting... Mar. 4, 1929 Jan. 2, 1941 Died May 6, 1935.
74th............................ Dennis Chavez..... May 11, 1935 Nov. 3, 1936 By gov., to fill vac.
74th-88th....................... ......do.......... Nov. 4, 1936 Jan. 2, 1965 Died Nov. 18, 1962
87th-88th....................... E. L. Mechem...... Nov. 30, 1962 Nov. 3, 1964 By gov., to fill vac.
88th-94th....................... Joseph M. Montoya. Nov. 4, 1964 Jan. 2, 1977 ......................
95th-97th....................... Harrison H. Jan. 3, 1977 Jan. 2, 1983 ......................
Schmitt.
98th-112th...................... Jeff Bingaman..... Jan. 3, 1983 Jan. 2, 2013
113th-115th..................... Martin Heinrich... Jan. 3, 2013 Jan. 2, 2019
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
62d-68th........................ Albert B. Fall.... Mar. 27, 1912 Mar. 3, 1925 Res. Mar. 4, 1921.
67th............................ Holm O. Bursum.... Mar. 11, 1921 Sept.19,1921 By gov., to fill vac.
67th-68th....................... ......do.......... Sept. 20, 1921 Mar. 3, 1925 ......................
69th-74th....................... Sam G. Bratton.... Mar. 4, 1925 Jan. 2, 1937 Res. June 24, 1933.
73d............................. Carl A. Hatch..... Oct. 10, 1933 Nov. 6, 1934 By gov., to fill
vac.\1\
73d-80th........................ ......do.......... Nov. 7, 1934 Jan. 2, 1949 ......................
81st-92d........................ Clinton P. Jan. 3, 1949 Jan. 2, 1973 ......................
Anderson.
93d-110th....................... Pete V. Domenici.. Jan. 3, 1973 Jan. 2, 2009 ......................
11th-113th...................... Tom Udall......... Jan. 3, 2009 Jan. 2, 2015 ......................
----------------------------------------------------------------------------------------------------------------
\1\Vacancy from June 25 to Oct. 9, 1933.
See footnotes at end of New
York table.
1867 1868
NEW YORK
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
1st............................. Philip Schuyler... July 15, 1789 Mar. 3, 1791 ......................
2d-4th.......................... Aaron Burr........ Mar. 4, 1791 Mar. 3, 1797 ......................
5th-7th......................... Philip Schuyler... Mar. 4, 1797 Mar. 3, 1803 Res. Jan. 3, 1798.
Do............................ John S. Hobart.... Jan. 11, 1798 Do. Res. Apr. 16, 1798.
5th............................. William North..... May 5, 1798 Aug. 17, 1798 By gov., to fill vac.
5th-7th......................... James Watson...... Aug. 17, 1798 Mar. 3, 1803 Res. Mar. 19, 1800.
6th-7th......................... Gouverneur Morris. Apr. 3, 1800 Do. ......................
Footnotes continued on next
page.
NEW YORK--Continued
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
8th-10th........................ Theodorus Bailey.. Mar. 4, 1803 Mar. 3, 1809 Res. Jan. 16, 1804.
Do............................ John Armstrong.... Feb. 4, 1804 Do. Res. June 30, 1804.
Do............................ Samuel L. Mitchill Nov. 9, 1804 Do. ......................
11th-13th....................... Obadiah German.... Mar. 4, 1809 Mar. 3, 1815 ......................
14th-16th....................... Nathan Sanford.... Mar. 4, 1815 Mar. 3, 1821 ......................
17th-22d........................ Martin Van Buren.. Mar. 4, 1821 Mar. 3, 1833 Res. Dec. 20, 1828.
20th-22d........................ Charles E. Dudley. Jan. 15, 1829 Mar. 3, 1833 ......................
23d-28th........................ Nathaniel P. Mar. 4, 1833 Mar. 3, 1845 Res. June 17, 1844.
Tallmadge.
28th............................ Daniel S. Nov. 30, 1844 Jan. 17, 1845 By gov., to fill vac.
Dickinson.
28th-31st....................... ......do.......... Jan. 18, 1845 Mar. 3, 1851 ......................
32d-34th........................ Hamilton Fish..... Mar. 4, 1851 Mar. 3, 1857 ......................
35th-37th....................... Preston King...... Mar. 4, 1857 Mar. 3, 1863 ......................
38th-40th....................... Edwin D. Morgan... Mar. 4, 1863 Mar. 3, 1869 ......................
41st-43d........................ Reuben E. Fenton.. Mar. 4, 1869 Mar. 3, 1875 ......................
44th-46th....................... Francis Kernan.... Mar. 4, 1875 Mar. 3, 1881 ......................
47th-49th....................... Thomas C. Platt... Mar. 4, 1881 Mar. 3, 1887 Res. May 16, 1881.
Do............................ Warner Miller..... July 16, 1881 Do. ......................
50th-52d........................ Frank Hiscock..... Mar. 4, 1887 Mar. 3, 1893 ......................
53d-55th........................ Edward Murphy, Jr. Mar. 4, 1893 Mar. 3, 1890 ......................
56th-61st....................... Chauncey M. Depew. Mar. 4, 1899 Mar. 3, 1911 ......................
62d-64th........................ James A. O'Gorman. Mar. 31, 1911 Mar. 3, 1917 (\1\)
65th-67th....................... William M. Calder. Mar. 4, 1917 Mar. 3, 1923 ......................
68th-76th....................... Royal S. Copeland. Mar. 4, 1923 Jan. 2, 1941 Died June 17, 1938.
75th-79th....................... James M. Mead..... Dec. 3, 1938 Jan. 2, 1947 (\2\)
80th-85th....................... Irving M. Ives.... Jan. 3, 1947 Jan. 2, 1959 ......................
86th-88th....................... Kenneth B. Keating Jan. 3, 1959 Jan. 2, 1965 ......................
89th-91st....................... Robert F. Kennedy. Jan. 3, 1965 Jan. 2, 1971 Died June 6, 1968.
90th-91st....................... Charles E. Goodell Sept. 10, 1968 Do. By gov., to fill vac.
92d-94th........................ James L. Buckley.. Jan. 3, 1971 Jan. 2, 1977 ......................
95th-106th...................... Daniel P. Moynihan Jan. 3, 1977 Jan. 2, 2001 ......................
107th-112th..................... Hillary Clinton... Jan. 3, 2001 Jan. 2, 2013 Res. Jan. 21, 2009.
111th........................... Kirsten Gillibrand Jan. 27, 2009 Nov. 2, 2010 By gov., to fill vac.
111th-115th..................... ......do.......... Nov. 3, 2010 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
1st-6th......................... Rufus King........ July 16, 1789 Mar. 3, 1801 Res. May 23, 1796.
4th-6th......................... John Laurance..... Nov. 9, 1796 Do. Res. in Aug. 1800.
6th-9th......................... John Armstrong.... Nov. 6, 1800 Mar. 3, 1807 Res. Feb. 5, 1802.
7th-9th......................... De Witt Clinton... Feb. 9, 1802 Do. Res. Nov. 4, 1803.
8th............................. John Armstrong.... Nov. 10, 1803 Feb. 4, 1804 By gov., to fill vac.
8th-12th........................ John Smith........ Feb. 4, 1804 Mar. 3, 1813 ......................
13th-18th....................... Rufus King........ Mar. 4, 1813 Mar. 3, 1825 ......................
19th-21st....................... Nathan Sanford.... Jan. 14, 1826 Mar. 3, 1831 (\3\)
22d-24th........................ William L. Marcy.. Mar. 4, 1831 Mar. 3, 1837 Res. Jan. 1, 1833.
22d-30th........................ Silas Wright, Jr.. Jan. 4, 1833 Mar. 3, 1849 Res. Nov. 26, 1844.
28th............................ Henry A. Foster... Nov. 30, 1844 Jan. 18, 1845 By gov., to fill vac.
28th-30th....................... John A. Dix....... Jan. 18, 1845 Jan. 3, 1849 ......................
31st-36th....................... William H. Seward. Mar. 4, 1849 Mar. 3, 1861 ......................
37th-39th....................... Ira Harris........ Mar. 4, 1861 Mar. 3, 1867 ......................
40th-48th....................... Roscoe Conkling... Mar. 4, 1867 Mar. 3, 1885 Res. May 16, 1881.
47th-48th....................... Elbridge G. Lapham July 22, 1881 Do. ......................
49th-51st....................... William M. Evarts. Mar. 4, 1885 Mar. 3, 1891 ......................
52d-54th........................ David B. Hill..... Jan. 7, 1892 Mar. 3, 1897 (\4\)
55th-60th....................... Thomas C. Platt... Mar. 4, 1897 Mar. 3, 1909 ......................
61st-63d........................ Elihu Root........ Mar. 4, 1909 Mar. 3, 1915 ......................
64th-69th....................... James W. Mar. 4, 1915 Mar. 3, 1927 ......................
Wadsworth, Jr..
70th-81st....................... Robert F. Wagner.. Mar. 4, 1927 Jan. 2, 1951 Res. June 28, 1949.
81st............................ John Foster Dulles July 7, 1949 Nov. 8, 1949 By gov., to fill vac.
81st-84th....................... Herbert H. Lehman. Nov. 9, 1949 Jan. 2, 1957 ......................
85th-96th....................... Jacob K. Javits... Jan. 9, 1957 Jan. 2, 1981 (\5\)
97th-105th...................... Alfonse M. D'Amato Jan. 3, 1981 Jan. 2, 1999 ......................
106th-114th..................... Charles E. Schumer Jan. 3, 1999 Jan. 2, 2017 ......................
----------------------------------------------------------------------------------------------------------------
\1\Vacancy from Mar. 4 to Mar. 30, 1911, because of failure of legislature to elect.
\2\Elected Nov. 8, 1938. Served in the House during interim. Vacancy from June 18 to Dec. 2, 1938.
\3\Vacancy from Mar. 4, 1825, to Jan. 13, 1826.
\4\Elected Jan. 21, 1891, for term commencing Mar. 4, 1891. Took oath Jan. 7, 1892. Governor during interim.
\5\Waived compensation Jan. 3-8, 1957, while serving as attorney general of state.
Footnotes continued on next
page.
1869 1870
NORTH CAROLINA
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
1st-2d.......................... Samuel Johnston... Nov. 26, 1789 Mar. 3, 1793 ......................
3d-5th.......................... Alexander Martin.. Mar. 4, 1793 Mar. 3, 1799 ......................
6th-8th......................... Jesse Franklin.... Mar. 4, 1799 Mar. 3, 1805 ......................
9th-14th........................ James Turner...... Mar. 4, 1805 Mar. 3, 1817 Res. Nov. 21, 1816.
14th-17th....................... Montfort Stokes... Dec. 4, 1816 Mar. 3, 1823 ......................
18th-23d........................ John Branch....... Mar. 4, 1823 Mar. 3, 1835 Res. Mar. 9, 1829.
21st-26th....................... Bedford Brown..... Dec. 9, 1829 Mar. 3, 1841 Res. Nov. 11, 1840.
26th-32d........................ Willie P. Mangum.. Nov. 25, 1840 Mar. 3, 1853 ......................
33d-35th........................ David S. Reid..... Dec. 6, 1854 Mar. 3, 1859 (\1\)
36th-38th....................... Thomas Bragg...... Mar. 4, 1859 Mar. 3, 1865 (\2\)
40th-41st....................... Joseph C. Abbott.. July 14, 1868 Mar. 3, 1871 (\3\)
42d-53d......................... Matt W. Ransom.... Jan. 30, 1872 Mar. 3, 1895 (\4\)
54th-56th....................... Marion Butler..... Mar. 4, 1895 Mar. 3, 1901 ......................
57th-71st....................... Furnifold M. Mar. 4, 1901 Mar. 3, 1931 ......................
Simmons.
72d-80th........................ Josiah W. Bailey.. Mar. 4, 1931 Jan. 2, 1949 Died Dec. 15, 1946.
80th............................ Wm. B. Umstead.... Dec. 18, 1946 Dec. 30, 1948 By gov., to fill vac.
80th-83d........................ J. Melville Dec. 31, 1948 Jan. 2, 1955 (\5\)
Broughton.
81st............................ Frank P. Graham... Mar. 29, 1949 Nov. 26, 1950 By gov., to fill vac.
81st-83d........................ Willis Smith...... Nov. 27, 1950 Jan. 2, 1955 Died June 26, 1953.
83d............................. Alton A. Lennon... July 10, 1953 Nov. 28, 1954 By gov., to fill vac.
83d-86th........................ W. Kerr Scott..... Nov. 29, 1954 Jan. 2, 1961 (\6\)
85th............................ B. Everett Jordan. Apr. 19, 1958 Nov. 4, 1958 By gov., to fill vac.
85th-92d........................ ......do.......... Nov. 5, 1958 Jan. 2, 1973 ......................
93d-107th....................... Jesse Helms....... Jan. 3, 1973 Jan. 2, 2003
108th-110th..................... Elizabeth Dole.... Jan. 3, 2003 Jan. 2, 2009 ......................
111th-113th..................... Kay Hagan......... Jan. 3, 2009 Jan. 2, 2015
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
1st-3d.......................... Benjamin Hawkins.. Dec. 8, 1789 Mar. 3, 1795 ......................
4th-6th......................... Timothy Bloodworth Mar. 4, 1795 Mar. 3, 1801 ......................
7th-9th......................... David Stone....... Mar. 4, 1801 Mar. 3, 1807 Res. Feb. 17, 1807.
10th-12th....................... Jesse Franklin.... Mar. 4, 1807 Mar. 3, 1813 ......................
13th-15th....................... David Stone....... Mar. 4, 1813 Mar. 3, 1819 Res. Dec. 24, 1814.
Do............................ Francis Locke..... ................ Do. (\7\)
14th-21st....................... Nathaniel Macon... Dec. 5, 1815 Mar. 3, 1831 Res. Nov. 14, 1828.
20th-21st....................... James Iredell..... Dec. 15, 1828 Do. ......................
22d-24th........................ Willie P. Mangum.. Mar. 4, 1831 Mar. 3, 1837 Res. Nov. 26, 1836.
24th-27th....................... Robert Strange.... Dec. 5, 1836 Mar. 3, 1843 Res. Nov. 16, 1840.
26th-27th....................... William A. Graham. Nov. 25, 1840 Do. ......................
28th-30th....................... William H. Mar. 4, 1843 Mar. 3, 1849 Res. July 25, 1846.
Haywood, Jr..
29th-33d........................ George E. Badger.. Nov. 25, 1846 Mar. 3, 1855 ......................
34th-36th....................... Asa Biggs......... Mar. 4, 1855 Mar. 3, 1861 Res. May 5, 1858.
35th............................ Thomas L. Clingman May 6, 1858 Nov. 22, 1858 By gov., to fill vac.
35th-39th....................... ......do.......... Nov. 23, 1858 Mar. 3, 1867 (\8\)
40th-42d........................ John Pool......... July 14, 1868 Mar. 3, 1873 (\9\)
43d-45th........................ Augustus S. Mar. 4, 1873 Mar. 3, 1879 ......................
Merrimon.
46th-54th....................... Zebulon B. Vance.. Mar. 4, 1879 Mar. 3, 1897 Died Apr. 14, 1894.
53d............................. Thomas J. Jarvis.. Apr. 19, 1894 Jan. 23, 1895 By gov., to fill vac.
53d-58th........................ Jeter C. Pritchard Jan. 23, 1895 Mar. 3, 1903 ......................
58th-72d........................ Lee S. Overman.... Mar. 4, 1903 Mar. 3, 1933 Died Dec. 12, 1930.
71st-72d........................ Cameron Morrison.. Dec. 13, 1930 Dec. 4, 1932 By gov., to fill vac.
72d-78th........................ Robert R. Reynolds Dec. 5, 1932 Jan. 2, 1945 ......................
79th-84th....................... Clyde R. Hoey..... Jan. 3, 1945 Jan. 2, 1957 Died May 12, 1954.
83d............................. Sam J. Ervin, Jr.. June 5, 1954 Nov. 2, 1954 By gov., to fill vac.
83d-93d......................... ......do.......... Nov. 3, 1954 Jan. 2, 1975 Res. Dec. 31, 1974
94th-96th....................... Robert Morgan..... Jan. 3, 1975 Jan. 2, 1981 ......................
97th-99th....................... John P. East...... Jan. 3, 1981 Jan. 2, 1987 Died June 29, 1986.
99th............................ James T. Broyhill. July 14, 1986 Nov. 4, 1986 By gov., to fill vac.
99th-102d....................... Terry Sanford..... Nov. 5, 1986 Jan. 2, 1993 (\10\)
103d-105th...................... Lauch Faircloth... Jan. 3, 1993 Jan. 2, 1999 ......................
106th-108th..................... John Edwards...... Jan. 3, 1999 Jan. 2, 2005 ......................
109th-114th..................... Richard Burr...... Jan. 3, 2005 Jan. 2, 2017 ......................
----------------------------------------------------------------------------------------------------------------
\1\Vacancy from Mar. 4, 1853, to Dec. 6, 1854.
\2\Expelled July 11, 1861. Because of Civil War, vacancy from July 11, 1861, to July 13, 1868.
\3\By legislature, to fill vacancy in term beginning Mar. 4, 1865. Seated July 17, 1868.
\4\Vacancy from Mar. 4, 1871, to Jan. 29, 1872. Zebulon B. Vance was elected but not admitted.
\5\Elected Nov. 2, 1948, to fill vacancy in term ending Jan. 2, 1949, and at the same time to full term
commencing Jan. 3, 1949. Died Mar. 6, 1949.
\6\Elected Nov. 2, 1954, to fill vacancy in term ending Jan. 2, 1955, and at the same time to full term ending
Jan. 2, 1961. Died Apr. 16, 1958.
\7\Did not qualify. Resigned Dec. 5, 1815.
\8\Expelled July 11, 1861. Because of Civil War, vacancy from July 11, 1861, to July 13, 1868.
\9\By legislature, to fill vacancy in term beginning Mar. 4, 1867. Seated July 17, 1868.
\11\Elected Nov. 5, 1986, to fill vacancy in term ending Jan. 3, 1987, and at the same time to full term ending
Jan. 3, 1993.
See footnotes at end of
North Dakota table.
1871 1872
NORTH DAKOTA
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
51st-52d........................ Lyman R. Casey.... Nov. 25, 1889 Mar. 3, 1893 ......................
53d-55th........................ William N. Roach.. Mar. 4, 1893 Mar. 3, 1899 ......................
56th-67th....................... Porter J. McCumber Mar. 4, 1899 Mar. 3, 1923 ......................
68th-76th....................... Lynn J. Frazier... Mar. 4, 1923 Jan. 2, 1941 ......................
77th-86th....................... William Langer.... Jan. 3, 1941 Jan. 2, 1965 Died Nov. 8, 1959.
86th............................ C. Norman Nov. 19, 1959 Aug. 7, 1960 By gov., to fill vac.
Brunsdale.
86th-103d....................... Quentin N. Burdick Aug. 8, 1960 Jan. 2, 1995 Died Sept. 8, 1992.
102d............................ Jocelyn Birch Sept. 12, 1992 Dec. 14, 1992 By gov., to fill vac.
Burdick.
102d-112th...................... Kent Conrad....... Dec. 14, 1992 Jan. 2, 2013 (\1\)
113th-115th..................... Heidi Heitkamp.... Jan. 3, 2013 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
51st............................ Gilbert A. Pierce. Nov. 21, 1889 Mar. 3, 1891 ......................
52d-60th........................ Henry C. Mar. 4, 1891 Mar. 3, 1909 ......................
Hansbrough.
61st-63d........................ Martin N. Johnson. Mar. 4, 1909 Mar. 3, 1915 Died Oct. 21, 1909.
61st............................ Fountain L. Nov. 10, 1909 Do. By gov., to fill
Thompson. vac.\2\
Do............................ William E. Purcell Feb. 1, 1910 Feb. 1, 1911 Do.
61st-66th....................... Asle J. Gronna.... Feb. 2, 1911 Mar. 3, 1921 ......................
67th-69th....................... Edwin F. Ladd..... Mar. 4, 1921 Mar. 3, 1927 Died June 22, 1925.
69th............................ Gerald P. Nye..... Nov. 14, 1925 June 29, 1926 By gov., to fill vac.
69th-78th....................... ......do.......... June 30, 1926 Jan. 2, 1945 ......................
79th-81st....................... John Moses........ Jan. 3, 1945 Jan. 2, 1951 Died Mar. 3, 1945.
79th............................ Milton R. Young... Mar. 12, 1945 June 24, 1946 By gov., to fill vac.
79th-96th....................... ......do.......... June 25, 1946 Jan. 2, 1981 ......................
97th-99th....................... Mark Andrews...... Jan. 3, 1981 Jan. 2, 1987 ......................
100th-102d...................... Kent Conrad....... Jan. 3, 1987 Jan. 2, 1993 (\3\)
102d-111th...................... Byron L. Dorgan... Dec. 14, 1992 Jan. 2, 2011 (\4\)
112th-114th..................... John Hoeven....... Jan. 3, 2011 Jan. 2, 2017 ......................
----------------------------------------------------------------------------------------------------------------
\1\Was serving in the Class 3 Senate seat when he was elected Dec. 4, 1992, to fill the vacancy in Class 1. Sen.
Conrad resigned his Class 3 seat on Dec. 14, 1992.
\2\Resigned Jan. 31, 1910.
\3\Resigned Dec. 14, 1992, having been elected to the Class 1 Senate seat from North Dakota.
\4\Elected to full term commencing Jan. 3, 1993; subsequently appointed by governor on Dec. 14, 1992, to fill
vacancy in term ending Jan. 2, 1993, created by the resignation of Sen. Conrad, who switched to the Class 1
seat.
See footnotes at end of Ohio
table.
1873 1874
OHIO
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
8th-10th........................ John Smith........ Apr. 1, 1803 Mar. 3, 1809 Res. Apr. 25, 1808.
10th-13th....................... Return J. Meigs, Dec. 12, 1808 Mar. 3, 1815 Res. Dec. 8, 1810\1\
Jr..
11th-13th....................... Thomas Worthington Dec. 15, 1810 Do. Res. Dec. 1, 1814.
13th............................ Joseph Kerr....... Dec. 10, 1814 Do. ......................
14th-22d........................ Benjamin Ruggles.. Mar. 4, 1815 Mar. 3, 1833 ......................
23d-25th........................ Thomas Morris..... Mar. 4, 1833 Mar. 3, 1839 ......................
26th-28th....................... Benjamin Tappan... Mar. 4, 1839 Mar. 3, 1845 ......................
29th-31st....................... Thomas Corwin..... Mar. 4, 1845 Mar. 3, 1851 Res. July 20, 1850.
31st............................ Thomas Ewing...... July 20, 1850 Do. By gov., to fill vac.
32d-40th........................ Benjamin F. Wade.. Mar. 15, 1851 Mar. 3, 1869 (\2\)
41st-46th....................... Allen G. Thurman.. Mar. 4, 1869 Mar. 3, 1881 ......................
47th-55th....................... John Sherman...... Mar. 4, 1881 Mar. 3, 1899 Res. Mar. 5, 1897.
OHIO--Continued
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
55th............................ Marcus A. Hanna... Mar. 5, 1897 Jan. 11, 1898 By gov., to fill vac.
55th-58th....................... ......do.......... Jan. 12, 1898 Mar. 3, 1905 Died Feb. 15, 1904.
58th-61st....................... Charles W. F. Dick Mar. 2, 1904 Mar. 3, 1911 ......................
62d-67th........................ Atlee Pomerene.... Mar. 4, 1911 Mar. 3, 1923 ......................
68th-73d........................ Simeon D. Fess.... Mar. 4, 1923 Jan. 2, 1935 ......................
74th-76th....................... Vic Donahey....... Jan. 3, 1935 Jan. 2, 1941 ......................
77th-79th....................... Harold H. Burton.. Jan. 3, 1941 Jan. 2, 1947 Res. Sept. 30, 1945.
79th............................ James W. Huffman.. Oct. 8, 1945 Nov. 5, 1946 By gov., to fill vac.
Do............................ Kingsley A. Taft.. Nov. 6, 1946 Jan. 2, 1947 ......................
80th-85th....................... John W. Bricker... Jan. 3, 1947 Jan. 2, 1959 ......................
86th-91st....................... Stephen M. Young.. Jan. 3, 1959 Jan. 2, 1971 ......................
92d-94th........................ Robert Taft, Jr... Jan. 3, 1971 Jan. 2, 1977 Res. Dec. 28, 1976.
93d-103d........................ Howard M. Dec. 29, 1976 Jan. 2, 1995 (\3\)
Metzenbaum.
104th-109th..................... Mike DeWine....... Jan. 3, 1995 Jan. 2, 2007 ......................
110th-115th..................... Sherrod Brown..... Jan. 3, 2007 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
8th-9th......................... Thomas Worthington Apr. 1, 1803 Mar. 3, 1807 ......................
10th-12th....................... Edward Tiffin..... Mar. 4, 1807 Mar. 3, 1813 Res. Mar. 3, 1809.
11th............................ Stanley Griswold.. May 18, 1809 Dec. 11, 1809 By gov., to fill vac.
11th-12th....................... Alexander Campbell Dec. 11, 1809 Mar. 3, 1813 ......................
13th-15th....................... Jeremiah Morrow... Mar. 4, 1813 Mar. 3, 1819 ......................
16th-18th....................... William A. Trimble Mar. 4, 1819 Mar. 3, 1825 Died Dec. 13, 1821.
17th-18th....................... Ethan Allen Brown. Jan. 3, 1822 Do. ......................
19th-21st....................... William H. Mar. 4, 1825 Mar. 3, 1831 Res. May 20, 1828.
Harrison.
20th-21st....................... Jacob Burnet...... Dec. 10, 1828 Do. ......................
22d-24th........................ Thomas Ewing...... Mar. 4, 1831 Mar. 3, 1837 ......................
25th-30th....................... William Allen..... Mar. 4, 1837 Mar. 3, 1849 ......................
31st-33d........................ Salmon P. Chase... Mar. 4, 1849 Mar. 3, 1855 ......................
34th-36th....................... George E. Pugh.... Mar. 4, 1855 Mar. 3, 1861 ......................
37th-39th....................... Salmon P. Chase... Mar. 4, 1861 Mar. 3, 1867 Res. Mar. 6, 1861.
37th-45th....................... John Sherman...... Mar. 21, 1861 Mar. 3, 1879 Res. Mar. 8, 1877.
45th............................ Stanley Matthews.. Mar. 21, 1877 Do. ......................
46th-48th....................... George H. Mar. 4, 1879 Mar. 3, 1885 ......................
Pendleton.
49th-51st....................... Henry B. Payne.... Mar. 4, 1885 Mar. 3, 1891 ......................
52d-54th........................ Calvin S. Brice... Mar. 4, 1891 Mar. 3, 1897 ......................
55th-60th....................... Joseph B. Foraker. Mar. 4, 1897 Mar. 3, 1909 ......................
61st-63d........................ Theodore E. Burton Mar. 4, 1909 Mar. 3, 1915 ......................
64th-66th....................... Warren G. Harding. Mar. 4, 1915 Mar. 3, 1921 (\4\)
66th-72d........................ Frank B. Willis... Jan. 14, 1921 Mar. 3, 1933 (\5\)
70th............................ Cyrus Locher...... Apr. 4, 1928 Dec. 14, 1928 By gov., to fill vac.
70th-72d........................ Theodore E. Burton Dec. 15, 1928 Mar. 3, 1933 Died Oct. 28, 1929.
71st............................ Roscoe C. Nov. 5, 1929 Nov. 30, 1930 By gov., to fill vac.
McCulloch.
71st-75th....................... Robert J. Bulkley. Dec. 1, 1930 Jan. 2, 1939 ......................
76th-84th....................... Robert A. Taft.... Jan. 3, 1939 Jan. 2, 1957 Died July 31, 1953.
83d............................. Thomas A. Burke... Nov. 10, 1953 Dec. 2, 1954 By gov., to fill vac.
83d-84th........................ George H. Bender.. Dec. 16, 1954 Jan. 2, 1957 (\6\)
85th-90th....................... Frank J. Lausche.. Jan. 3, 1957 Jan. 2, 1969 ......................
91st-93d........................ William B. Saxbe.. Jan. 3, 1969 Jan. 2, 1975 Res. Jan. 3, 1974.
93d............................. Howard M. Jan. 4, 1974 Jan. 2, 1975 (\7\)
Metzenbaum.
93d-105th....................... John H. Glenn..... Dec. 24, 1974 Jan. 2, 1999 (\8\)
106th-111th..................... George V. Jan. 3, 1999 Jan. 2, 2011 ......................
Voinovich.
112th-114th..................... Robert Portman.... Jan. 3, 2011 Jan. 2, 2017 ......................
----------------------------------------------------------------------------------------------------------------
\1\Resigned on or before this date, having been elected governor.
\2\Vacancy from Mar. 4 to Mar. 14, 1851, because of failure of legislature to elect.
\3\Elected to term commencing Jan. 3, 1977; subsequently appointed by governor to fill vacancy in term ending
Jan. 2, 1977.
\4\Resigned effective Jan. 13, 1921, having been elected President of the United States for the 34th term on
Nov. 2, 1920.
\5\Elected in 1920 for the term commencing Mar. 4, 1921; subsequently appointed by governor to fill the vacancy
in term ending Mar. 3, 1921, caused by the resignation of Warren G. Harding.
\6\Elected Nov. 2, 1954, to fill vacancy in term ending Jan. 2, 1957. Chose to continue as a Member of the House
of Representatives until Dec. 15, 1954, waiving right to commence service in the Senate on Dec. 3, 1954.
\7\By governor, to fill vacancy in term ending Jan. 2, 1975; resigned Dec. 23, 1974, to fill vacancy in Class 1.
\8\Elected to term commencing Jan. 3, 1975; subsequently appointed by governor to fill vacancy in term ending
Jan. 2, 1975.
See footnotes at end of
Oklahoma table.
1875 1876
OKLAHOMA
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
60th-68th....................... Robert L. Owen.... Dec. 11, 1907 Mar. 3. 1925 ......................
69th-71st....................... William B. Pine... Mar. 4, 1925 Mar. 3, 1931 ......................
72d-74th........................ Thomas P. Gore.... Mar. 4, 1931 Jan. 2, 1937 ......................
75th-77th....................... Josh Lee.......... Jan. 3, 1937 Jan. 2, 1943 ......................
78th-80th....................... Edward H. Moore... Jan. 3, 1943 Jan. 2, 1949 ......................
81st-87th....................... Robert S. Kerr.... Jan. 3, 1949 Jan. 2, 1967 Died Jan. 1, 1963.
88th............................ J. Howard Jan. 7, 1963 Nov. 3, 1964 By gov., to fill vac.
Edmondson.
88th-92d........................ Fred R. Harris.... Nov. 4, 1964 Jan. 2, 1973 ......................
93d-95th........................ Dewey F. Bartlett. Jan. 3, 1973 Jan. 2, 1979 ......................
96th-104th...................... David L. Boren.... Jan. 3, 1979 Jan. 2, 1997 Res. Nov. 15, 1994.
103d-113th...................... James M. Inhofe... Nov. 16, 1994 Jan. 2, 2015 (\1\)
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
60th-66th....................... Thomas P. Gore.... Dec. 11, 1907 Mar. 3, 1921 ......................
67th-69th....................... John W. Harreld... Mar. 4, 1921 Mar. 3, 1927 ......................
70th-81st....................... Elmer Thomas...... Mar. 4, 1927 Jan. 2, 1951 ......................
82d-90th........................ A. S. Mike Jan. 3, 1951 Jan. 2, 1969 ......................
Monroney.
91st-96th....................... Henry Bellmon..... Jan. 3, 1969 Jan. 2, 1981 ......................
97th-108th...................... Don Nickles....... Jan. 3, 1981 Jan. 2, 2005 ......................
109th-114th..................... Tom Coburn........ Jan. 3, 2005 Jan. 2, 2017 ......................
----------------------------------------------------------------------------------------------------------------
\1\Elected Nov. 8, 1994. Served in House during interim.
See footnotes at end of
Oregon table.
1877 1878
OREGON
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
35th............................ Delazon Smith..... Feb. 14, 1859 Mar. 3, 1859 ......................
36th-38th....................... Edward D. Baker... Oct. 2, 1860 Mar. 3, 1865 (\1\)
37th............................ Benjamin Stark.... Oct. 29, 1861 Sept. 12, 1862 By gov., to fill vac.
37th-38th....................... Benjamin F. Sept. 12, 1862 Mar. 3, 1865 ......................
Harding.
39th-41st....................... George Henry Mar. 4, 1865 Mar. 3, 1871 ......................
Williams.
42d-44th........................ James K. Kelly.... Mar. 4, 1871 Mar. 3, 1877 ......................
45th-47th....................... La Fayette Grover. Mar. 4, 1877 Mar. 3, 1883 ......................
48th-53d........................ Joseph N. Dolph... Mar. 4, 1883 Mar. 3, 1895 ......................
54th-56th....................... George W. McBride. Mar. 4, 1895 Mar. 3, 1901 ......................
57th-59th....................... John H. Mitchell.. Mar. 4, 1901 Mar. 3, 1907 Died Dec. 8, 1905.
59th............................ John M. Gearin.... Dec. 13, 1905 Jan. 23, 1907 By gov., to fill vac.
Do............................ Frederick W. Jan. 23, 1907 Mar. 3, 1907 ......................
Mulkey.
60th-62d........................ Jonathan Bourne, Mar. 4, 1907 Mar. 3, 1913 ......................
Jr..
63d-65th........................ Harry Lane........ Mar. 4, 1913 Mar. 3, 1919 Died May 23, 1917.
65th............................ Charles L. McNary. May 29, 1917 Nov. 5, 1918 By gov., to fill vac.
Do............................ Frederick W. Nov. 6, 1918 Mar. 3, 1919 Res. Dec. 17, 1918
Mulkey.
65th-80th....................... Charles L. McNary. Dec. 18, 1918 Jan. 2, 1949 (\2\)
78th............................ Guy Cordon........ Mar. 4, 1944 Nov. 7, 1944 By gov., to fill vac.
78th-83d........................ ......do.......... Nov. 8, 1944 Jan. 2, 1955 ......................
84th-86th....................... Richard L. Jan. 3, 1955 Jan. 2, 1961 Died Mar. 9, 1960.
Neuberger.
86th............................ Hall S. Lusk...... Mar. 16, 1960 Nov. 8, 1960 By gov., to fill vac.
86th-89th....................... Maurine B. Nov. 9, 1960 Jan. 2, 1967 (\3\)
Neuberger.
90th-104th...................... Mark O. Hatfield.. Jan. 10, 1967 Jan. 2, 1997 (\4\)
105th-110th..................... Gordon H. Smith... Jan. 3, 1997 Jan. 2, 2009 ......................
111th-113th..................... Jeff Merkley...... Jan. 3, 2009 Jan. 2, 2015 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
35th-36th....................... Joseph Lane....... Feb. 14, 1859 Mar. 3, 1861 ......................
37th-39th....................... James W. Nesmith.. Mar. 4, 1861 Mar. 3, 1867 ......................
40th-42d........................ Henry W. Corbett.. Mar. 4, 1867 Mar. 3, 1873 ......................
43d-45th........................ John H. Mitchell.. Mar. 4, 1873 Mar. 3, 1879 ......................
46th-48th....................... James H. Slater... Mar. 4, 1879 Mar. 3, 1885 ......................
49th-54th....................... John H. Mitchell.. Nov. 18, 1885 Mar. 3, 1897 (\5\)
55th-57th....................... Joseph Simon...... Oct. 8, 1898 Mar. 3, 1903 (\6\)
58th-60th....................... Charles W. Fulton. Mar. 4, 1903 Mar. 3, 1909 ......................
61st-66th....................... George E. Mar. 4, 1909 Mar. 3, 1921 ......................
Chamberlain.
OREGON--Continued
Class 3
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
67th-69th....................... Robert N. Mar. 4, 1921 Mar. 3, 1927 ......................
Stanfield.
70th-75th....................... Frederick Steiwer. Mar. 4, 1927 Jan. 2, 1939 Res. Jan. 31, 1938.
75th............................ Alfred Evan Reames Feb. 1, 1938 Nov. 8, 1938 By gov., to fill vac.
Do............................ Alexander G. Barry Nov. 9, 1938 Jan. 2, 1939 ......................
76th-78th....................... Rufus C. Holman... Jan. 3, 1939 Jan. 2, 1945 ......................
79th-90th....................... Wayne L. Morse.... Jan. 3, 1945 Jan. 2, 1969 ......................
91st-105th...................... Robert W. Packwood Jan. 3, 1969 Jan. 2, 1999 Res. Oct. 1, 1995.
104th-114th..................... Ron Wyden......... Feb. 5, 1996 Jan. 2, 2017 ......................
----------------------------------------------------------------------------------------------------------------
\1\Vacancy from Mar. 4, 1859, to Oct. 2, 1860. Killed in the battle of Balls Bluff, Va., Oct. 21, 1861.
\2\Elected to full term commencing Mar. 4, 1919; subsequently appointed by governor to fill vacancy in term
ending Mar. 3, 1919. Died Feb. 25, 1944.
\3\Elected Nov. 8, 1960, to fill unexpired term ending Jan. 2, 1961, and to full term commencing Jan. 3, 1961.
\4\Waived compensation Jan. 3-9, 1967, to complete term as governor.
\5\Vacancy from Mar. 4 to Nov. 18, 1885, because of failure of legislature to elect.
\6\Vacancy from Mar. 4, 1897, to Oct. 7, 1898, because of failure of legislature to elect.
See footnotes at end of
Pennsylvania table.
1879 1880
PENNSYLVANIA
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
1st............................. William Maclay.... Mar. 4, 1789 Mar. 3, 1791 ......................
2d-4th.......................... Albert Gallatin... Feb. 28, 1793 Mar. 3, 1797 (\1\)
3d-7th.......................... James Ross........ Apr. 24, 1794 Mar. 3, 1803 (\2\)
8th-10th........................ Samuel Maclay..... Mar. 4, 1803 Mar. 3, 1809 Res. Jan. 4, 1809.
10th-13th....................... Michael Leib...... Jan. 9, 1809 Mar. 3, 1815 Res. Feb. 14, 1814.
13th-16th....................... Jonathan Roberts.. Feb. 24, 1814 Mar. 3, 1821 ......................
17th-19th....................... William Findlay... Dec. 10, 1821 Mar. 3, 1827 (\3\)
20th-22d........................ Isaac D. Barnard.. Mar. 4, 1827 Mar. 3, 1833 Res. Dec. 6, 1831.
22d............................. George M. Dallas.. Dec. 13, 1831 Do. ......................
23d-25th........................ Samuel McKean..... Dec. 7, 1833 Mar. 3, 1839 (\4\)
26th-31st....................... Daniel Sturgeon... Jan. 14, 1840 Mar. 3, 1851 (\5\)
32d-34th........................ Richard Brodhead.. Mar. 4, 1851 Mar. 3, 1857 ......................
35th-37th....................... Simon Cameron..... Mar. 4, 1857 Mar. 3, 1863 Res. Mar. 4, 1861.
37th............................ David Wilmot...... Mar. 14, 1861 Do. ......................
38th-40th....................... Charles R. Mar. 4, 1863 Mar. 3, 1869 ......................
Buckalew.
41st-43d........................ John Scott........ Mar. 4, 1869 Mar. 3, 1875 ......................
44th-46th....................... William A. Wallace Mar. 4, 1875 Mar. 3, 1881 ......................
47th-49th....................... John I. Mitchell.. Mar. 4, 1881 Mar. 3, 1887 ......................
50th-55th....................... Matthew S. Quay... Mar. 4, 1887 Mar. 3, 1899 ......................
56th-58th....................... ......do.......... Jan. 16, 1901 Mar. 3, 1905 (\6\)
58th............................ Philander C. Knox. June 10, 1904 Jan. 17, 1905 By gov., to fill vac.
59th-61st....................... ......do.......... Jan. 18, 1905 Mar. 3, 1911 Res. Mar. 4, 1909.
61st-64th....................... George T. Oliver.. Mar. 17, 1909 Mar. 3, 1917 ......................
65th-67th....................... Philander C. Knox. Mar. 4, 1917 Mar. 3, 1923 Died Oct. 12, 1921.
67th............................ William E. Crow... Oct. 24, 1921 Do. (\7\)
Do............................ David A. Reed..... Aug. 8, 1922 Nov. 7, 1922 By gov., to fill vac.
67th-73d........................ ......do.......... Nov. 8, 1922 Jan. 2, 1935 ......................
74th-79th....................... Joseph F. Guffey.. Jan. 3, 1935 Jan. 2, 1947 ......................
80th-85th....................... Edward Martin..... Jan. 3, 1947 Jan. 2, 1959 ......................
86th-94th....................... Hugh Scott........ Jan. 3, 1959 Jan. 2, 1977 ......................
95th-102d....................... H. John Heinz III. Jan. 3, 1977 Jan. 2, 1995 Died Apr. 4, 1991.
102d............................ Harris Wofford.... May 9, 1991 Nov. 5, 1991 By gov. to fill vac.
102d-103d....................... ......do.......... Nov. 6, 1991 Jan. 2, 1995 ......................
104th-109th..................... Rick Santorum..... Jan. 3, 1995 Jan. 2, 2007 ......................
110th-115th..................... Robert P. Casey, Jan. 3, 2007 Jan. 2, 2019
Jr..
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
1st-3d.......................... Robert Morris..... Mar. 4, 1789 Mar. 3, 1795 ......................
4th-6th......................... William Bingham... Mar. 4, 1795 Mar. 3, 1801 ......................
7th-9th......................... John Peter G. ................ ................
Muhlen-.
berg............ Mar. 4, 1801 Mar. 3, 1807 Res. June 30, 1801.
7th............................. George Logan...... July 13, 1801 Dec. 15, 1801 By gov., to fill vac.
PENNSYLVANIA--Continued
Class 3
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
7th-9th......................... ......do.......... Dec. 16, 1801 Mar. 3, 1807 ......................
10th-12th....................... Andrew Gregg...... Mar. 4, 1807 Mar. 3, 1813 ......................
13th-15th....................... Abner Lacock...... Mar. 4, 1813 Mar. 3, 1819 ......................
16th-18th....................... Walter Lowrie..... Mar. 4, 1819 Mar. 3, 1825 ......................
19th-21st....................... William Marks..... Mar. 4, 1825 Mar. 3, 1831 ......................
22d-24th........................ William Wilkins... Mar. 4, 1831 Mar. 3, 1837 Res. June 30, 1834.
23d-30th........................ James Buchanan.... Dec. 6, 1834 Mar. 3, 1849 Res. Mar. 5, 1845.
29th-30th....................... Simon Cameron..... Mar. 13, 1845 Do. ......................
31st-33d........................ James Cooper...... Mar. 4, 1849 Mar. 3, 1855 ......................
34th-36th....................... William Bigler.... Jan. 14, 1856 Mar. 3, 1861 (\8\)
37th-39th....................... Edgar Cowan....... Mar. 4, 1861 Mar. 3, 1867 ......................
40th-45th....................... Simon Cameron..... Mar. 4, 1867 Mar. 3, 1879 Res. Mar. 3, 1877.
45th-54th....................... James Donald Mar. 20, 1877 Mar. 3, 1897 ......................
Cameron.
55th-69th....................... Boies Penrose..... Mar. 4, 1897 Mar. 3, 1927 Died Dec. 31, 1921.
67th............................ George Wharton Jan. 9, 1922 Nov. 6, 1922 By gov., to fill vac.
Pepper.
67th-69th....................... ......do.......... Nov. 7, 1922 Mar. 3, 1927 ......................
70th-72d........................ William S. Vare... Mar. 4, 1927 Mar. 3, 1933 (\9\)
71st............................ Joseph R. Grundy.. Dec. 11, 1929 Dec. 1, 1930 By gov., to fill vac.
71st-78th....................... James J. Davis.... Dec. 2, 1930 Jan. 2, 1945 ......................
79th-81st....................... Francis J. Myers.. Jan. 3, 1945 Jan. 2, 1951 ......................
82d-84th........................ James H. Duff..... Jan. 16, 1951 Jan. 2, 1957 (\10\)
85th-90th....................... Joseph S. Clark... Jan. 3, 1957 Jan. 2, 1969 ......................
91st-96th....................... Richard S. Jan. 3, 1969 Jan. 2, 1981 ......................
Schweiker.
97th-111th...................... Arlen Specter..... Jan. 3, 1981 Jan. 2, 2011 ......................
112th-114th..................... Patrick Toomey.... Jan. 3, 2011 Jan. 2, 2017 ......................
----------------------------------------------------------------------------------------------------------------
\1\Vacancy from Mar. 4, 1791, to Feb. 28, 1793, because of failure of legislature to elect. Senate resolution of
Feb. 28, 1794, declared that Mr. Gallatin had not been a citizen the term of years required by law.
\2\Vacancy from Feb. 28 to Apr. 23, 1794.
\3\Vacancy from Mar. 4 to Dec. 10, 1821.
\4\Vacancy from Mar. 4, to Dec. 7, 1833, because of failure of legislature to elect.
\5\Vacancy from Mar. 4, 1839, to Jan. 13, 1840, because of failure of legislature to elect.
\6\Appointed by governor Apr. 21, 1899, to fill vacancy caused by legislature's failure to elect. By Senate
resolution of Apr. 24, 1900, was declared not entitled to seat, but was subsequently elected. Vacancy from
Apr. 24, 1900, to Jan. 16, 1901. Died May 28, 1904.
\7\By governor, to fill vacancy. Died Aug. 2, 1922.
\8\Vacancy from Mar. 4, 1855, to Jan. 14, 1856, because of failure of legislature to elect.
\9\Credentials as Senator elect were presented and referred to the Committee on Privileges and Elections for
report; meanwhile Mr. Vare was not permitted to qualify and by S. Res. No. 111 of Dec. 6, 1929, was declared
not entitled to a seat.
\10\Elected to term commencing Jan. 3, 1951. Oath administered on Jan. 18, 1951. Governor during interim.
See footnotes at end of
Rhode Island table.
1881 1882
RHODE ISLAND
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
1st-7th......................... Theodore Foster... June 12, 1790 Mar. 3, 1803 ......................
8th-10th........................ Samuel J. Potter.. Mar. 4, 1803 Mar. 3, 1809 Died Oct. 14, 1804.
Do............................ Benjamin Howland.. Oct. 29, 1804 Do. ......................
11th-13th....................... Francis Malbone... Mar. 4, 1809 Mar. 3, 1815 Died June 4, 1809.
Do............................ Christopher G. June 26, 1809 Do. Res. Oct. 2, 1811.
Champlin.
12th-16th....................... William Hunter.... Oct. 28, 1811 Mar. 3, 1821 ......................
17th-19th....................... James De Wolf..... Mar. 4, 1821 Mar. 3, 1827 Res. Oct. 31, 1825.
19th-25th....................... Asher Robbins..... Oct. 31, 1825 Mar. 3, 1839 ......................
26th-28th....................... Nathan F. Dixon Mar. 4, 1839 Mar. 3, 1845 Died Jan. 29, 1842.
1st.
27th-28th....................... William Sprague... Feb. 5, 1842 Do. Res. Jan. 17, 1844.
28th............................ John B. Francis... Jan. 25, 1844 Do. ......................
29th-31st....................... Albert C. Greene.. Mar. 4, 1845 Mar. 3, 1851 ......................
32d-34th........................ Charles T. James.. Mar. 4, 1851 Mar. 3, 1857 ......................
35th-37th....................... James F. Simmons.. Mar. 4, 1857 Mar. 3, 1863 Res. Sept. 5, 1862.
37th............................ Samuel G. Arnold.. Sept. 5, 1862 Do. ......................
38th-43d........................ William Sprague... Mar. 4, 1863 Mar. 3, 1875 (\1\)
44th-49th....................... Ambrose E. Mar. 4, 1875 Mar. 3, 1887 Died Sept. 13, 1881.
Burnside.
47th-61st....................... Nelson W. Aldrich. Oct. 5, 1881 Mar. 3, 1911 ......................
62d-64th........................ Henry F. Lippitt.. Mar. 4, 1911 Mar. 3, 1917 ......................
65th-70th....................... Peter G. Gerry.... Mar. 4, 1917 Mar. 3, 1929 ......................
71st-73d........................ Felix Hebert...... Mar. 4, 1929 Jan. 2, 1935 ......................
74th-79th....................... Peter G. Gerry.... Jan. 3, 1935 Jan. 2, 1947 ......................
80th-82d........................ J. Howard McGrath. Jan. 3, 1947 Jan. 2, 1953 Res. Aug. 23, 1949.
80th-81st....................... Edward L. Leahy... Aug. 24, 1949 Nov. 7, 1950 By gov., to fill vac.
81st-94th....................... John O. Pastore... Dec. 19, 1950 Jan. 2, 1977 Res. Dec. 28, 1976.
94th-106th...................... John H. Chafee.... Dec. 29, 1976 Jan. 2, 2001 (\2\)
106th........................... Lincoln D. Chafee. Nov. 2, 1999 Jan. 2, 2001 By gov., to fill vac.
107th-109th..................... ......do.......... Jan. 3, 2001 Jan. 2, 2007 ......................
110th-115th..................... Sheldon Whitehouse Jan. 3, 2007 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
1st-2d.......................... Joseph Stanton, June 12, 1790 Mar. 3, 1793 ......................
Jr..
3d-5th.......................... William Bradford.. Mar. 4, 1793 Mar. 3, 1799 Res. in Oct. 1797.
5th-8th......................... Ray Greene........ Nov. 13, 1797 Mar. 3, 1805 Res. Mar. 5, 1801.
7th-8th......................... Christopher Ellery May 6, 1801 Do. ......................
9th-11th........................ James Fenner...... Mar. 4, 1805 Mar. 3, 1811 Res. in Sept. 1807.
10th-11th....................... Elisha Mathewson.. Oct. 26, 1807 Do. ......................
12th-14th....................... Jeremiah B. Howell Mar. 4, 1811 Mar. 3, 1817 ......................
15th-17th....................... James Burrill, Jr. Mar. 4, 1817 Mar. 3, 1823 Died Dec. 25, 1820.
16th-26th....................... Nehemiah R. Knight Jan. 9, 1821 Mar. 3, 1841 ......................
27th-29th....................... James F. Simmons.. Mar. 4, 1841 Mar. 3, 1847 ......................
30th-32d........................ John H. Clarke.... Mar. 4, 1847 Mar. 3, 1853 ......................
33d-35th........................ Philip Allen...... July 20, 1853 Mar. 3, 1859 (\3\)
36th-50th....................... Henry B. Anthony.. Mar. 4, 1859 Mar. 3, 1889 Died Sept. 2, 1884.
48th............................ William P. Nov. 19, 1884 Jan. 20, 1885 By gov., to fill vac.
Sheffield.
48th-53d........................ Jonathan Chace.... Jan. 20, 1885 Mar. 3, 1895 Res. Apr. 9, 1889.
51st-53d........................ Nathan F. Dixon 3d Apr. 10, 1889 Do. ......................
54th-59th....................... George Peabody Mar. 4, 1895 Mar. 3, 1907 ......................
Wetmore.
60th-62d........................ George Peabody Jan. 22, 1908 Mar. 3, 1913 (\4\)
Wetmore.
63d-68th........................ LeBaron B. Colt... Mar. 4, 1913 Mar. 3, 1925 Died Aug. 18, 1924.
68th-74th....................... Jesse H. Metcalf.. Nov. 5, 1924 Jan. 2, 1937 (\5\)
75th-86th....................... Theodore Francis Jan. 3, 1937 Jan. 2, 1961 ......................
Green.
87th-104th...................... Claiborne Pell.... Jan. 3, 1961 Jan. 2, 1997 ......................
105th-113th..................... Jack Reed......... Jan. 3, 1997 Jan. 2, 2015 ......................
----------------------------------------------------------------------------------------------------------------
\1\Nephew of William Sprague, above, who served Feb. 5, 1842-Jan. 17, 1844.
\2\Elected to full term commencing Jan. 3, 1977; subsequently appointed by governor to fill vacancy in term
ending Jan. 3, 1977. Died Oct. 24, 1999.
\3\Elected May 4, 1853. Served as governor until July 20, 1853. Vacancy from Mar. 4 to July 20, 1853.
\4\Vacancy from Mar. 4, 1907, to Jan. 21, 1908, because of failure of legislature to elect.
\5\Vacancy from Aug. 19 to Nov. 4, 1924, because of failure of legislature to elect.
See footnotes at end of
South Carolina table.
1883 1884
SOUTH CAROLINA
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
1st-5th......................... Pierce Butler..... Mar. 4, 1789 Mar. 3, 1799 Res. Oct. 25, 1796.
4th-5th......................... John Hunter....... Dec. 8, 1796 Do. Res. Nov. 26, 1798.
5th-8th......................... Charles Pinckney.. Dec. 6, 1798 Mar. 3, 1805 Res. in 1801.
7th-11th........................ Thomas Sumter..... Dec. 15, 1801 Mar. 3, 1811 Res. Dec. 16, 1810.
11th-14th....................... John Taylor....... Dec. 31, 1810 Mar. 3, 1817 Res. in Nov. 1816.
14th-17th....................... William Smith..... Dec. 4, 1816 Mar. 3, 1823 ......................
18th-23d........................ Robert Young Hayne Mar. 4, 1823 Mar. 3, 1835 Res. Dec. 13, 1832.
22d-29th........................ John C. Calhoun... Dec. 29, 1832 Mar. 3, 1847 (\1\)
28th-29th....................... Daniel Elliott Mar. 4, 1843 Do. Res. Mar. 3, 1845.
Huger.
29th-32d........................ John C. Calhoun... Nov. 26, 1845 Mar. 3, 1853 (\2\)
31st............................ Franklin H. Elmore Apr. 11, 1850 Dec. 18, 1850 (\3\)
Do............................ Robert W. Barnwell June 4, 1850 Do. By gov., to fill vac.
31st-32d........................ R. Barnwell Rhett. Dec. 18, 1850 Mar. 3, 1853 Res. May 7, 1852.
32d............................. William F. De May 10, 1852 Nov. 28, 1852 By gov., to fill vac.
Saussure.
Do............................ ......do.......... Nov. 29, 1852 Mar. 3, 1853 ......................
33d-35th........................ Josiah J. Evans... Mar. 4, 1853 Mar. 3, 1859 Died May 6, 1858.
35th............................ Arthur P. Hayne... May 11, 1858 Dec. 2, 1858 By gov., to fill vac.
35th-36th....................... James Chesnut, Jr. Dec. 3, 1858 Mar. 3, 1865 (\4\)
40th-44th....................... Thomas J. July 15, 1868 Mar. 3, 1877 (\5\)
Robertson.
SOUTH CAROLINA--Continued
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
45th-53d........................ Matthew C. Butler. Mar. 4, 1877 Mar. 3, 1895 ......................
54th-65th....................... Benjamin R. Mar. 4, 1895 Mar. 3, 1919 Died July 3, 1918.
Tillman.
65th............................ Christie Benet.... July 6, 1918 Nov. 5, 1918 By gov., to fill vac.
Do............................ William P. Pollock Nov. 6, 1918 Mar. 3, 1919 ......................
66th-68th....................... Nathaniel B. Dial. Mar. 4, 1919 Mar. 3, 1925 ......................
69th-71st....................... Coleman L. Blease. Mar. 4, 1925 Mar. 3, 1931 ......................
72d-77th........................ James F. Byrnes... Mar. 4, 1931 Jan. 2, 1943 Res. July 8, 1941.
77th............................ Alva M. Lumpkin... July 17, 1941 Nov. 4, 1941 (\6\)
Do............................ Roger C. Peace.... Aug. 5, 1941 Nov. 4, 1941 By gov., to fill vac.
77th-83d........................ Burnet R. Maybank. Nov. 5, 1941 Jan. 2, 1955 Died Sept. 1, 1954.
83d............................. Charles E. Daniel. Sept. 6, 1954 Jan. 2, 1955 By gov., to fill
vac.\7\
83d-86th........................ Strom Thurmond.... Dec. 24, 1954 Jan. 2, 1961 Res. Apr. 4, 1956.\8\
84th............................ Thomas A. Wofford. Apr. 5, 1956 Nov. 6, 1956 By gov., to fill vac.
85th-107th...................... Strom Thurmond.... Nov. 7, 1956 Jan. 2, 2003 (\9\)
108th-113th..................... Lindsey Graham.... Jan. 3, 2003 Jan. 2, 2015
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
1st-3d.......................... Ralph Izard....... Mar. 4, 1789 Mar. 3, 1795 ......................
4th-6th......................... Jacob Read........ Mar. 4, 1795 Mar. 3, 1801 ......................
7th-9th......................... John Ewing Colhoun Mar. 4, 1801 Mar. 3, 1807 Died Oct. 26, 1802.
Do............................ Pierce Butler..... Nov. 4, 1802 Do. Res. Nov. 21, 1804.
8th-21st........................ John Gaillard..... Dec. 6, 1804 Mar. 3, 1831 Died Feb. 26, 1826.
19th............................ William Harper.... Mar. 8, 1826 Nov. 29, 1826 By gov., to fill vac.
19th-21st....................... William Smith..... Nov. 29, 1826 Mar. 3, 1831 ......................
22d-24th........................ Stephen D. Miller. Mar. 4, 1831 Mar. 3, 1837 Res. Mar. 2, 1833.
23d-27th........................ William C. Preston Nov. 26, 1833 Mar. 3, 1843 Res. Nov. 29, 1842.
27th-30th....................... George McDuffie... Dec. 2, 1842 Mar. 3, 1849 Res. Aug. 17,
1846.\10\
29th-36th....................... Andrew P. Butler.. Dec. 4, 1846 Mar. 3, 1861 Died May 25, 1857.
35th-36th....................... James H. Hammond.. Dec. 7, 1857 Do. (\11\)
40th-42d........................ Frederick A. July 16, 1868 Mar. 3, 1873 (\12\)
Sawyer.
43d-45th........................ John J. Patterson. Mar. 4, 1873 Mar. 3, 1879 ......................
46th-51st....................... Wade Hampton...... Mar. 4, 1879 Mar. 3, 1891 ......................
52d-54th........................ John L. M. Irby... Mar. 4, 1891 Mar. 3, 1897 ......................
55th-57th....................... Joseph H. Earle... Mar. 4, 1897 Mar. 3, 1903 Died May 20, 1897.
55th............................ John L. McLaurin.. May 27, 1897 Jan. 25, 1898 By gov., to fill vac.
55th-57th....................... ......do.......... Jan. 26, 1898 Mar. 3, 1903 ......................
58th-60th....................... Asbury C. Latimer. Mar. 4, 1903 Mar. 3, 1909 Died Feb. 20, 1908.
60th............................ Frank B. Gary..... Mar. 6, 1908 Do. ......................
61st-78th....................... Ellison D. Smith.. Mar. 4, 1909 Jan. 2, 1945 Died Nov. 17, 1944.
78th............................ Wilton E. Hall.... Nov. 20, 1944 Do. By gov., to fill vac.
79th-90th....................... Olin D. Johnston.. Jan. 3, 1945 Jan. 2, 1969 Died Apr. 18, 1965.
89th-90th....................... Donald Russell.... Apr. 22, 1965 Do. By gov., to fill vac.
89th-108th...................... Ernest F. Hollings Nov. 9, 1966 Jan. 2, 2005 ......................
109th-114th..................... James DeMint...... Jan. 3, 2005 Jan. 2, 2017 Res. Jan. 1, 2013.
112th-113th..................... Tim Scott......... Jan. 2, 2013 Nov. 4, 2014 By gov., to fill vac.
----------------------------------------------------------------------------------------------------------------
\1\Elected Dec. 12, 1832. Took oath Jan. 4, 1833. Vice President during interim. Resigned Mar. 3, 1843.
\2\Vacancy from Mar. 4 to Nov. 26, 1845. Died Mar. 31, 1850.
\3\By governor, to fill vacancy. Died May 29, 1850.
\4\Withdrew from the Senate Nov. 10, 1860. Expelled July 11, 1861. Because of Civil War, vacancy from Nov. 10,
1860, to July 14, 1868.
\5\By legislature, to fill vacancy in term beginning Mar. 4, 1865.
\6\By governor, to fill vacancy. Died Aug. 1, 1941.
\7\Resigned effective Dec. 23, 1954.
\8\Elected to full term commencing Jan. 3, 1955; subsequently appointed by governor to fill vacancy in term
ending Jan. 2, 1955.
\9\Elected Nov. 6, 1956, to fill vacancy in term ending Jan. 2, 1961.
\10\Vacancy from Aug. 18 to Dec. 3, 1846.
\11\Withdrew from Senate Nov. 11, 1860. Because of Civil War, vacancy from Nov. 11, 1860, to July 15, 1868.
\12\By legislature, to fill vacancy in term beginning Mar. 4, 1867.
1885 1886
SOUTH DAKOTA
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
51st-56th....................... Richard F. Nov. 2, 1889 Mar. 3, 1901 ......................
Pettigrew.
57th-62d........................ Robert J. Gamble.. Mar. 4, 1901 Mar. 3, 1913 ......................
63d-68th........................ Thomas Sterling... Mar. 4, 1913 Mar. 3, 1925 ......................
69th-71st....................... William H. Mar. 4, 1925 Mar. 3, 1931 ......................
McMaster.
72d-77th........................ William J. Bulow.. Mar. 4, 1931 Jan. 2, 1943 ......................
78th-80th....................... Harlan J. Jan. 3, 1943 Jan. 2, 1949 Died Sept. 27, 1948.
Bushfield.
80th............................ Vera C. Bushfield. Oct. 6, 1948 Jan. 2, 1949 By gov., to fill
vac.\1\
80th-92d........................ Karl E. Mundt..... Dec. 31, 1948 Jan. 2, 1973 (\2\)
93d-95th........................ James Abourezk.... Jan. 3, 1973 Jan. 2, 1979 ......................
96th-104th...................... Larry Pressler.... Jan. 3, 1979 Jan. 2, 1997 ......................
105th-113th..................... Tim Johnson....... Jan. 3, 1997 Jan. 2, 2015
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
51st............................ Gideon C. Moody... Nov. 2, 1889 Mar. 3, 1891 ......................
52d-57th........................ James H. Kyle..... Mar. 4, 1891 Mar. 3, 1903 Died July 1, 1901.
57th............................ Alfred B. July 11, 1901 Jan. 20, 1903 By gov., to fill vac.
Kittredge.
57th-60th....................... ......do.......... Jan. 21, 1903 Mar. 3, 1909 ......................
61st-63d........................ Coe I. Crawford... Mar. 4, 1909 Mar. 3, 1915 ......................
64th-66th....................... Edwin S. Johnson.. Mar. 4, 1915 Mar. 3, 1921 ......................
67th-75th....................... Peter Norbeck..... Mar. 4, 1921 Jan. 2, 1939 Died Dec. 20, 1936.
74th-75th....................... Herbert E. Dec. 29, 1936 Nov. 8, 1938 By gov., to fill vac.
Hitchcock.
75th............................ Gladys Pyle....... Nov. 9, 1938 Jan. 2, 1939 ......................
76th-81st....................... J. Chandler Gurney Jan. 3, 1939 Jan. 2, 1951 ......................
82d-87th........................ Francis Case...... Jan 3, 1951 Jan. 2, 1963 Died June 22, 1962.
87th............................ Joe H. Bottum..... July 9, 1962 Do. By gov., to fill vac.
88th-96th....................... George McGovern... Jan. 3, 1963 Jan. 2, 1981 ......................
97th-99th....................... James Abdnor...... Jan. 3, 1981 Jan. 2, 1987 ......................
100th-108th..................... Thomas A. Daschle. Jan. 3, 1987 Jan. 2, 2005 ......................
109th-114th..................... John Thune........ Jan. 3, 2005 Jan. 2, 2017 ......................
----------------------------------------------------------------------------------------------------------------
\1\Resigned Dec. 26, 1948.
\2\Elected to full term commencing Jan. 3, 1949; subsequently appointed by governor on Dec. 27, 1948, to fill
vacancy in term ending Jan. 2, 1949. Oath administered Dec. 31, 1948. Continued to serve as Member of House of
Representatives during interim.
See footnotes at end of
Tennessee table.
1887 1888
TENNESSEE
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
4th............................. William Cocke..... Aug. 2, 1796 Mar. 3, 1797 ......................
5th............................. ......do.......... Apr. 22, 1797 Sept. 26, 1797 (\1\)
5th-7th......................... Andrew Jackson.... Sept. 26, 1797 Mar. 3, 1803 Res. in April 1798.
5th............................. Daniel Smith...... Oct. 6, 1798 Mar. 3, 1799 By gov., to fill vac.
5th-10th........................ Joseph Anderson... Mar. 4, 1799 Mar. 3, 1809 (\2\)
11th............................ ......do.......... Mar. 4, 1809 Apr. 10, 1809 By gov., to fill vac.
11th-13th....................... ......do.......... Apr. 11, 1809 Mar. 3, 1815 ......................
14th-16th....................... George W. Campbell Oct. 10, 1815 Mar. 3, 1821 (\3\)
15th-16th....................... John H. Eaton..... Sept. 5, 1818 Oct. 8, 1819 By gov., to fill vac.
16th-22d........................ ......do.......... Oct. 9, 1819 Mar. 3, 1833 Res. Mar. 9, 1829.
21st-25th....................... Felix Grundy...... Oct. 19, 1829 Mar. 3, 1839 Res. July 4, 1838.
25th............................ Ephraim H. Foster. Sept. 17, 1838 Do. (\4\)
26th-28th....................... Felix Grundy...... Dec. 14, 1839 Mar. 3, 1845 Died Dec. 19, 1840.
26th-27th....................... Alfred O. P. Dec. 25, 1840 Feb. 7, 1842 By gov., to fill vac.
Nicholson.
28th............................ Ephraim H. Foster. Oct. 17, 1843 Mar. 3, 1845 (\5\)
29th-31st....................... Hopkins L. Turney. Mar. 4, 1845 Mar. 3, 1851 ......................
32d-34th........................ James C. Jones.... Mar. 4, 1851 Mar. 3, 1857 ......................
35th-37th....................... Andrew Johnson.... Oct. 8, 1857 Mar. 3, 1863 (\6\)
39th-40th....................... David T. Patterson July 24, 1866 Mar. 3, 1869 (\7\)
41st-43d........................ William G. Mar. 4, 1869 Mar. 3, 1875 ......................
Brownlow.
44th-46th....................... Andrew Johnson.... Mar. 4, 1875 Mar. 3, 1881 Died July 31, 1875.
44th............................ David M. Key...... Aug. 18, 1875 Jan. 19, 1877 By gov., to fill vac.
44th-46th....................... James E. Bailey... Jan. 19, 1877 Mar. 3, 1881 ......................
47th-49th....................... Howell E. Jackson. Mar. 4, 1881 Mar. 3, 1887 Res. Apr. 14, 1886.
49th............................ Washington C...... ................ ................
Whitthorne...... Apr. 16, 1886 Do. By gov., to fill vac.
50th-61st....................... William B. Bate... Mar. 4, 1887 Mar. 3, 1911 Died Mar. 9, 1905.
Footnotes continued on next
page.
TENNESSEE--Continued
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
59th-61st....................... James B. Frazier.. Mar. 21, 1905 Do. ......................
62d-64th........................ Luke Lea.......... Mar. 4, 1911 Mar. 3, 1917 ......................
65th-82d........................ Kenneth D. Mar. 4, 1917 Jan. 2, 1953 ......................
McKellar.
83d-91st........................ Albert Gore....... Jan. 3, 1953 Jan. 2, 1971 ......................
92d-94th........................ William E. Brock Jan. 3, 1971 Jan. 2, 1977 ......................
III.
95th-103d....................... James R. Sasser... Jan. 3, 1977 Jan. 2, 1995 ......................
104th-109th..................... Bill Frist........ Jan. 3, 1995 Jan. 2, 2007 ......................
110th-115th..................... Bob Corker........ Jan. 3, 2007 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
4th-5th......................... William Blount.... Aug. 2, 1796 Mar. 3, 1799 Exp. July 8, 1797.
5th............................. Joseph Anderson... Sept. 26, 1797 Do. ......................
6th-8th......................... William Cocke..... Mar. 4, 1799 Mar. 3, 1805 ......................
9th-11th........................ Daniel Smith...... Mar. 4, 1805 Mar. 3, 1811 Res. Mar. 31, 1809.
11th-14th....................... Jenkin Whiteside.. Apr. 11, 1809 Mar. 3, 1817 Res. Oct. 8, 1811.
12th-14th....................... George W. Campbell Oct. 8, 1811 Do. Res. Feb. 11, 1814.
13th-14th....................... Jesse Wharton..... Mar. 17, 1814 Oct. 10, 1815 By gov., to fill vac.
14th............................ John Williams..... Oct. 10, 1815 Mar. 3, 1817 ......................
15th............................ ......do.......... Mar. 4, 1817 Oct. 1, 1817 (\8\)
15th-17th....................... ......do.......... Oct. 2, 1817 Mar. 3, 1823 ......................
18th-20th....................... Andrew Jackson.... Mar. 4, 1823 Mar. 3, 1829 Res. Oct. 14, 1825.
19th-23d........................ Hugh Lawson White. Oct. 28, 1825 Mar. 3, 1835 ......................
24th-26th....................... ......do.......... Oct. 6, 1835 Mar. 3, 1841 Res. Jan. 13, 1840.\9\
26th............................ Alexander Anderson Jan. 27, 1840 Do. ......................
28th-29th....................... Spencer Jarnagin.. Oct. 17, 1843 Mar. 3, 1847 (\10\)
30th-32d........................ John Bell......... Nov. 22, 1847 Mar. 3, 1853 (\11\)
33d-35th........................ ......do.......... Oct. 29, 1853 Mar. 3, 1859 ......................
36th-38th....................... Alfred O. P. Mar. 4, 1859 Mar. 3, 1865 (\12\)
Nicholson.
39th-41st....................... Joseph S. Fowler.. July 24, 1866 Mar. 3, 1871 (\13\)
42d-44th........................ Henry Cooper...... Mar. 4, 1871 Mar. 3, 1877 ......................
45th-56th....................... Isham G. Harris... Mar. 4, 1877 Mar. 3, 1901 Died July 8, 1897.
55th............................ Thomas B. Turley.. July 20, 1897 Feb. 1, 1898 By gov., to fill vac.
55th-56th....................... ......do.......... Feb. 2, 1898 Mar. 3, 1901 ......................
57th-59th....................... Edward W. Carmack. Mar. 4, 1901 Mar. 3, 1907 ......................
60th-62d........................ Robert L. Taylor.. Mar. 4, 1907 Mar. 3, 1913 Died Mar. 31, 1912.
62d............................. Newell Sanders.... Apr. 8, 1912 Jan. 24, 1913 By gov., to fill vac.
Do............................ William R. Webb... Jan. 24, 1913 Mar. 3, 1913 ......................
63d-68th........................ John K. Shields... Mar. 4, 1913 Mar. 3, 1925 ......................
69th-71st....................... Lawrence D. Tyson. Mar. 4, 1925 Mar. 3, 1931 Died Aug. 24, 1929.
71st............................ William E. Brock.. Sept. 2, 1929 Nov. 3, 1930 By gov., to fill vac.
Do............................ ......do.......... Nov. 4, 1930 Mar. 3, 1931 ......................
72d-74th........................ Cordell Hull...... Mar. 4, 1931 Jan. 2, 1937 Res. Mar. 3, 1933.
73d............................. Nathan L. Bachman. Mar. 4, 1933 Nov. 6, 1934 By gov., to fill vac.
73d-77th........................ ......do.......... Nov. 7, 1934 Jan. 2, 1943 Died Apr. 23, 1937.
75th............................ George L. Berry... May 6, 1937 Nov. 8, 1938 By gov., to fill vac.
75th-80th....................... Tom Stewart....... Jan. 16, 1939 Jan. 2, 1949 (\14\)
81st-89th....................... Estes Kefauver.... Jan. 3, 1949 Jan. 2, 1967 Died Aug. 10, 1963.
88th............................ Herbert S. Walters Aug. 20, 1963 Nov. 3, 1964 By gov., to fill vac.
88th-89th....................... Ross Bass......... Nov. 4, 1964 Jan. 2, 1967 ......................
90th-98th....................... Howard H. Baker, Jan. 3, 1967 Jan. 2, 1985 ......................
Jr..
99th-104th...................... Albert Gore, Jr... Jan. 3, 1985 Jan. 2, 1997 (\15\)
102d-103d....................... Harlan Mathews.... Jan. 2, 1993 Dec. 1, 1994 By gov., to fill vac.
103d-107th...................... Fred Thompson..... Dec. 2, 1994 Jan. 2, 2003 ......................
108th-113th..................... Lamar Alexander... Jan. 3, 2003 Jan. 2, 2015
----------------------------------------------------------------------------------------------------------------
\1\By governor, to fill vacancy because of legislature's failure to elect.
\2\Elected on Dec. 12, 1798, but remained in the other Tennessee seat until Mar. 3, 1799.
\3\Vacancy from Mar. 1 to Oct. 10, 1815. Resigned, effective Apr. 20, 1818.
\4\By governor, to fill vacancy; subsequently elected to term beginning Mar. 4, 1839; resigned Mar. 3, 1839.
Vacancy from Mar. 4 to Dec. 14, 1839.
\5\Vacancy from Feb. 8, 1842, to Oct. 16, 1843.
\6\Vacancy from Mar. 4 to Oct. 7, 1857. Resigned Mar. 4, 1862, to become military governor of Tennessee. Because
of Civil War, vacancy from Mar. 4, 1862, to July 24, 1866, when Tennessee was readmitted to representation.
\7\By legislature, to fill vacancy in term beginning Mar. 4, 1863. Seated July 28, 1866, after the Senate
resolved a challenge to his credentials.
\8\By governor, during recess of legislature.
\9\Vacancy from Mar. 4 to Oct. 5, 1835.
\10\Vacancy from Mar. 4, 1841, to Oct. 16, 1843.
\11\Vacancy from Mar. 4 to Oct. 28, 1853.
\12\Withdrew Mar. 3, 1861. Expelled July 11, 1861. Because of Civil War, vacancy from Mar. 3, 1861, to July 24,
1866, when Tennessee was readmitted to representation.
\13\By legislature to fill vacancy in term beginning Mar. 4, 1865. Seated July 25, 1866.
\14\Elected Nov. 8, 1938, but did not assume duties until Jan. 16, 1939. Vacancy from Nov. 9, 1938, to Jan. 15,
1939.
\15\Resigned Jan. 2, 1993, having been elected Vice President of the United States for the 52nd term on Nov. 3,
1992.
See footnotes at end of
Texas table.
1889 1890
TEXAS
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
29th-37th....................... Thomas J. Rusk.... Feb. 21, 1846 Mar. 3, 1863 Died July 29, 1857.
35th-37th....................... J. Pinckney Nov. 9, 1857 Do. (\1\)
Henderson.
35th-36th....................... Matthias Ward..... Sept. 27, 1858 Dec. 5, 1859 By gov., to fill vac.
36th-37th....................... Louis T. Wigfall.. Dec. 5, 1859 Mar. 3, 1863 (\2\)
41st-43d........................ J. W. Flanagan.... Mar. 30, 1870 Mar. 3, 1875 (\3\)
44th-49th....................... Samuel B. Maxey... Mar. 4, 1875 Mar. 3, 1887 ......................
50th-52d........................ John H. Reagan.... Mar. 4, 1887 Mar. 3, 1893 Res. June 10, 1891.
52d............................. Horace Chilton.... June 10, 1891 Mar. 22, 1892 By gov., to fill vac.
52d-55th........................ Roger Q. Mills.... Mar. 23, 1892 Mar. 3, 1899 ......................
56th-67th....................... Charles A. Mar. 4, 1899 Mar. 3, 1923 ......................
Culberson.
68th-70th....................... Earle B. Mayfield. Mar. 4, 1923 Mar. 3, 1929 ......................
71st-82d........................ Tom Connally...... Mar. 4, 1929 Jan. 2, 1953 ......................
83d-85th........................ Price Daniel...... Jan. 3, 1953 Jan. 2, 1959 Res. Jan. 14, 1957.
85th............................ Wm. A. Blakley.... Jan. 15, 1957 Apr. 28, 1957 By gov., to fill vac.
85th-91st....................... Ralph Yarborough.. Apr. 29, 1957 Jan. 2, 1971 (\4\)
92d-103d........................ Lloyd M. Bentsen, Jan. 3, 1971 Jan. 2, 1995 Res. Jan. 20, 1993.
Jr..
103d............................ Bob Krueger....... Jan. 21, 1993 June 14, 1993 By gov., to fill vac.
103d-112th...................... Kay Bailey June 14, 1993 Jan. 2, 2013 ......................
Hutchison.
113th-115th..................... Ted Cruz.......... Jan. 3, 2013 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
29th-35th....................... Sam Houston....... Feb. 21, 1846 Mar. 3, 1859 ......................
36th-38th....................... John Hemphill..... Mar. 4, 1859 Mar. 3, 1865 (\5\)
41st-44th....................... Morgan C. Hamilton Mar. 30, 1870 Mar. 3, 1877 (\6\)
45th-53d........................ Richard Coke...... Mar. 4, 1877 Mar. 3, 1895 ......................
54th-56th....................... Horace Chilton.... Mar. 4, 1895 Mar. 3, 1901 ......................
57th-62d........................ Joseph W. Bailey.. Mar. 4, 1901 Mar. 3, 1913 Res. Jan. 3, 1913.
62d............................. Rienzi M. Johnston Jan. 4, 1913 Jan. 29, 1913 By gov., to fill vac.
62d-77th........................ Morris Sheppard... Jan. 29, 1913 Jan. 2, 1943 Died Apr. 9, 1941.
77th............................ Andrew Jackson Apr. 21, 1941 June 26, 1941 (\7\)
Houston.
77th-80th....................... W. Lee O'Daniel... Aug. 4, 1941 Jan. 2, 1949 (\8\)
81st-87th....................... Lyndon B. Johnson. Jan. 3, 1949 Jan. 2, 1967 (\9\)
87th............................ Wm. A. Blakley.... Jan. 3, 1961 June 14, 1961 By gov., to fill vac.
87th-98th....................... John G. Tower..... June 15, 1961 Jan. 2, 1985 (\10\)
99th-107th...................... Phil Gramm........ Jan. 3, 1985 Jan. 2, 2003 Res. Nov. 30, 2002.
107th-113th..................... John Cornyn....... Dec. 2, 2002 Jan. 2, 2015 (\11\)
----------------------------------------------------------------------------------------------------------------
\1\By gov., to fill vac.; died June 4, 1858.
\2\Expelled July 11, 1861. Because of Civil War, vacancy from July 11, 1861, to Mar. 30, 1870, when Texas was
readmitted to representation.
\3\By legislature, to fill vacancy in term beginning Mar. 4, 1869. Seated Mar. 31, 1870.
\4\Elected Apr. 2, 1957, to fill vacancy in term ending Jan. 2, 1959. Took oath Apr. 29, 1957.
\5\Expelled July 11, 1861. Because of Civil War, vacancy from July 11, 1861, to Mar. 30, 1870, when Texas was
readmitted to representation.
\6\By legislature, to fill vacancy in term beginning Mar. 4, 1865. Seated Mar. 31, 1870.
\7\By governor, to fill vacancy. Died June 26, 1941.
\8\Elected June 28, 1941. Took oath Aug. 4, 1941, Governor during interim.
\9\Elected Nov. 8, 1960, to full term commencing Jan. 3, 1961, but resigned Jan. 3, 1961, immediately after
taking oath of office, having been elected Vice President of the United States for the 44th term on Nov. 8,
1960.
\10\Elected May 27, 1961, to serve unexpired term. See S. Jour. 547, 87-1, July 17, 1961.
\11\Elected to full term commencing Jan. 3, 2003; subsequently appointed by governor to fill vacancy in term
ending Jan. 2, 2003.
See footnotes at end of Utah
table.
1891 1892
UTAH
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
54th-55th....................... Frank J. Cannon... Jan. 22, 1896 Mar. 3, 1899 ......................
56th-58th....................... Thomas Kearns..... Jan. 23, 1901 Mar. 3, 1905 (\1\)
59th-65th....................... George Sutherland. Mar. 4, 1905 Mar. 3, 1917 ......................
65th-76th....................... William H. King... Mar. 4, 1917 Jan. 2, 1941 ......................
77th-79th....................... Abe Murdock....... Jan. 3, 1941 Jan. 2, 1947 ......................
80th-85th....................... Arthur V. Watkins. Jan. 3, 1947 Jan. 2, 1959 ......................
86th-94th....................... Frank E. Moss..... Jan. 3, 1959 Jan. 2, 1977 ......................
95th-115th...................... Orrin G. Hatch.... Jan. 3, 1977 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
54th............................ Arthur Brown...... Jan. 22, 1896 Mar. 3, 1897 ......................
55th-57th....................... Joseph L. Rawlins. Mar. 4, 1897 Mar. 3, 1903 ......................
58th-72d........................ Reed Smoot........ Mar. 4, 1903 Mar. 3, 1933 ......................
73d-81st........................ Elbert D. Thomas.. Mar. 4, 1933 Jan. 2, 1951 ......................
82d-93d......................... Wallace F. Bennett Jan. 3, 1951 Jan. 2, 1975 Res. Dec. 20, 1974.
93d-102d........................ E. J. ``Jake'' Dec. 21, 1974 Jan. 2, 1993 (\2\)
Garn.
103d-111th...................... Robert F. Bennett. Jan. 3, 1993 Jan. 2, 2011 ......................
112th-114th..................... Mike Lee.......... Jan. 3, 2011 Jan. 2, 2017 ......................
----------------------------------------------------------------------------------------------------------------
\1\Vacancy from Mar. 4, 1899 to Jan. 22, 1901, because of failure of legislature to elect.
\2\Elected to full term commencing Jan. 3, 1975; subsequently appointed by governor to fill vacancy in term
ending Jan. 2, 1975.
See footnotes at end of
Vermont table.
1893 1894
VERMONT
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
2d-4th.......................... Moses Robinson.... Oct. 17, 1791 Mar. 3, 1797 Res. Oct. 15, 1796.
4th-7th......................... Isaac Tichenor.... Oct. 18, 1796 Mar. 3, 1803 Res. Oct. 17, 1797.
5th-7th......................... Nathaniel Chipman. Oct. 17, 1797 Do. ......................
8th-10th........................ Israel Smith...... Mar. 4, 1803 Mar. 3, 1809 Res. Oct. 1, 1807.
10th-13th....................... Jonathan Robinson. Oct. 10, 1807 Mar. 3, 1815 ......................
14th-16th....................... Issac Tichenor.... Mar. 4, 1815 Mar. 3, 1821 ......................
17th-22d........................ Horatio Seymour... Mar. 4, 1821 Mar. 3, 1833 ......................
23d-25th........................ Benjamin Swift.... Mar. 4, 1833 Mar. 3, 1839 ......................
26th-31st....................... Samuel S. Phelps.. Mar. 4, 1839 Mar. 3, 1851 ......................
32d-40th........................ Solomon Foot...... Mar. 4, 1851 Mar. 3, 1869 Died Mar. 28, 1866.
39th............................ George F. Edmunds. Apr. 3, 1866 Oct. 23, 1866 By gov., to fill vac.
39th-52d........................ ......do.......... Oct. 24, 1866 Mar. 3, 1893 Res. Nov. 1, 1891.
52d............................. Redfield Proctor.. Nov. 2, 1891 Oct. 18, 1892 By gov., to fill vac.
52d-61st........................ ......do.......... Oct. 19, 1892 Mar. 3, 1911 Died Mar. 4, 1908.
60th............................ John W. Stewart... Mar. 24, 1908 Oct. 20, 1908 By gov., to fill vac.
60th-67th....................... Carroll S. Page... Oct. 21, 1908 Mar. 3, 1923 ......................
68th-73d........................ Frank L. Greene... Mar. 4, 1923 Mar. 3, 1935 Died Dec. 17, 1930.
71st-72d........................ Frank C. Partridge Dec. 23, 1930 Mar. 31, 1931 By gov., to fill vac.
72d-79th........................ Warren R. Austin.. Apr. 1, 1931 Jan. 2, 1947 Res. Aug. 2, 1946.
79th............................ Ralph E. Flanders. Nov. 1, 1946 Do. By gov., to fill vac.
80th-85th....................... ......do.......... Jan. 3, 1947 Jan. 2, 1959 ......................
86th-94th....................... Winston L. Prouty. Jan. 3, 1959 Jan. 2, 1977 Died Sept. 10, 1971.
92d............................. Robert T. Stafford Sept. 16, 1971 Jan. 7, 1972 By gov., to fill vac.
92d-100th....................... ......do.......... Jan. 7, 1972 Jan. 2, 1989 ......................
101st-109th..................... James M. Jeffords. Jan. 3, 1989 Jan. 2, 2007 ......................
110th-115th..................... Bernard Sanders... Jan. 3, 2007 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
2d-3d........................... Stephen R. Bradley Oct. 17, 1791 Mar. 3, 1795 ......................
4th-6th......................... Elijah Paine...... Mar. 4, 1795 Mar. 3, 1802 Res. Sept. 1, 1801.
7th-12th........................ Stephen R. Bradley Oct. 15, 1801 Mar. 3, 1813 ......................
13th-15th....................... Dudley Chase...... Mar. 4, 1813 Mar. 3, 1819 Res. Nov. 3, 1817.
15th............................ James Fisk........ Nov. 4, 1817 Do. Res. Jan. 8, 1818.
15th-18th....................... William A. Palmer. Oct. 20, 1818 Mar. 3, 1825 ......................
19th-21st....................... Dudley Chase...... Mar. 4, 1825 Mar. 3, 1831 ......................
VERMONT--Continued
Class 3
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
22d-27th........................ Samuel Prentiss... Mar. 4, 1831 Mar. 3, 1843 Res. Apr. 11, 1842.
27th............................ Samuel C. Crafts.. Apr. 23, 1842 Oct. 25, 1842 By gov., to fill vac.
Do............................ ......do.......... Oct. 26, 1842 Mar. 3, 1843 ......................
28th-33d........................ William Upham..... Mar. 4, 1843 Mar. 3, 1855 Died Jan. 14, 1853.
32d-33d......................... Samuel S. Phelps.. Jan. 17, 1853 Mar. 16, 1854 (\1\)
33d............................. Lawrence Brainerd. Oct. 14, 1854 Mar. 3, 1855 ......................
34th-39th....................... Jacob Collamer.... Mar. 4, 1855 Mar. 3, 1867 Died Nov. 9, 1865.
39th............................ Luke P. Poland.... Nov. 21, 1865 Oct. 23, 1866 By gov., to fill vac.
Do............................ ......do.......... Oct. 24, 1866 Mar. 3, 1867 ......................
40th-57th....................... Justin S. Morrill. Mar. 4, 1867 Mar. 3, 1903 Died Dec. 28, 1898.
55th-56th....................... Jonathan Ross..... Jan. 11, 1899 Oct. 17, 1900 By gov., to fill vac.
56th-69th....................... William P. Oct. 18, 1900 Mar. 3, 1927 Died July 12, 1923.\2\
Dillingham.
68th-75th....................... Porter H. Dale.... Nov. 6, 1923 Jan. 2, 1939 Died Oct. 6, 1933.\3\
73d............................. Ernest W. Gibson.. Nov. 21, 1933 Jan. 16, 1934 By gov., to fill vac.
73d-78th........................ ......do.......... Jan. 17, 1934 Jan. 2, 1945 Died June 20, 1940.
76th............................ Ernest W. Gibson, June 24, 1940 Jan. 2, 1941 By gov., to fill vac.
Jr..
77th-93d........................ George D. Aiken... Jan. 10, 1941 Jan. 2, 1975 (\4\)
94th-114th...................... Patrick J. Leahy.. Jan. 3, 1975 Jan. 2, 2017 ......................
----------------------------------------------------------------------------------------------------------------
\1\By governor, to fill vacancy. By resolution of Senate, Mar. 16, 1854, declared not entitled to retain his
seat. Vacancy from Mar. 16 to Oct. 13, 1854.
\2\Vacancy from July 13 to Nov. 5, 1923.
\3\Vacancy from Oct. 7 to Nov. 20, 1933.
\4\Elected Nov. 5, 1940, to fill vacancy in term ending Jan. 2, 1945. Took oath Jan. 10, 1941. Governor during
interim.
See footnotes at end of
Virginia table.
1895 1896
VIRGINIA
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
1st............................. William Grayson... Mar. 4, 1789 Mar. 3, 1791 Died Mar. 12, 1790.
Do............................ John Walker....... Mar. 31, 1790 Nov. 9, 1790 By gov., to fill vac.
1st-4th......................... James Monroe...... Nov. 9, 1790 Mar. 3, 1797 Res. May 27, 1794.
3d-10th......................... Stevens T. Mason.. Nov. 18, 1794 Mar. 3, 1809 Died May 10, 1803.
8th............................. John Taylor....... June 4, 1803 Dec. 7, 1803 By gov., to fill vac.
8th-10th........................ Abraham B. Venable Dec. 7, 1803 Mar. 3, 1809 Res. June 7, 1804.
8th............................. William B. Giles.. Aug. 11, 1804 Dec. 4, 1804 By gov., to fill vac.
8th-10th........................ Andrew Moore...... Dec. 4, 1804 Mar. 3, 1809 ......................
11th-13th....................... Richard Brent..... Mar. 4, 1809 Mar. 3, 1815 Died Dec. 30, 1814.
13th-19th....................... James C. Barbour.. Jan. 2, 1815 Mar. 3, 1827 Res. Mar. 27, 1825.
19th............................ John Randolph..... Dec. 9, 1825 Do. ......................
20th-25th....................... John Tyler........ Mar. 4, 1827 Mar. 3, 1839 Res. Feb. 29, 1836.
24th-25th....................... William C. Rives.. Mar. 4, 1836 Do. ......................
26th-28th....................... ......do.......... Jan. 18, 1841 Mar. 3, 1845 (\1\)
29th-31st....................... Isaac S. Dec. 3, 1845 Mar. 3, 1851 Died Jan. 12, 1847.
Pennybacker.
29th-37th....................... James M. Mason.... Jan. 21, 1847 Mar. 3, 1863 (\2\)
37th............................ Waitman T. Willey. July 9, 1861 Do. (\3\)
38th-40th....................... Lemuel J. Bowden.. Mar. 4, 1863 Mar. 3, 1869 (\4\)
41st-43d........................ John F. Lewis..... Jan. 26, 1870 Mar. 3, 1875 (\5\)
44th-46th....................... Robert E. Withers. Mar. 4, 1875 Mar. 3, 1881 ......................
47th-49th....................... William Mahone.... Mar. 4, 1881 Mar. 3, 1887 ......................
50th-64th....................... John W. Daniel.... Mar. 4, 1887 Mar. 3, 1917 Died June 29, 1910.
61st............................ Claude A. Swanson. Aug. 1, 1910 Mar. 3, 1911 By gov., to fill vac.
62d............................. ......do.......... Mar. 4, 1911 Jan. 23, 1912 Do.
62d-73d......................... ......do.......... Jan. 24, 1912 Jan. 2, 1935 Res. Mar. 3, 1933.
73d............................. Harry Flood Byrd.. Mar. 4, 1933 Nov. 7, 1933 By gov., to fill vac.
73d-91st........................ ......do.......... Nov. 7, 1933 Jan. 2, 1971 Res. Nov. 10, 1965.
89th............................ Harry Flood Byrd, Nov. 12, 1965 Nov. 8, 1966 By gov., to fill vac.
Jr..
89th-97th....................... ......do.......... Nov. 8, 1966 Jan. 2, 1983 ......................
98th-100th...................... Paul S. Trible, Jan. 3, 1983 Jan. 2, 1989
Jr..
101st-106th..................... Charles S. Robb... Jan. 3, 1989 Jan. 2, 2001 ......................
107th-109th..................... George Allen...... Jan. 3, 2001 Jan. 2, 2007 ......................
110th-112th..................... Jim Webb.......... Jan. 3, 2007 Jan. 2, 2013 ......................
113th-115th..................... Timothy Kaine..... Jan. 3, 2013 Jan. 2, 2019 ......................
VIRGINIA--Continued
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
1st-2d.......................... Richard Henry Lee. Mar. 4, 1789 Mar. 3, 1793 Res. Oct. 8, 1792.
2d-5th.......................... John Taylor....... Oct. 18, 1792 Mar. 3, 1799 Res. May 11, 1794.
3d-5th.......................... Henry Tazewell.... Nov. 18, 1794 Do. Died Jan. 24, 1799.
6th-8th......................... Wilson C. Nicholas Dec. 5, 1799 Mar. 3, 1805 Res. May 22, 1804.
8th............................. Andrew Moore...... Aug. 11, 1804 Dec. 4, 1804 By gov., to fill vac.
8th-14th........................ William B. Giles.. Dec. 4, 1804 Mar. 3, 1817 Res. Mar. 3, 1815.
14th............................ Armistead T. Mason Jan. 3, 1816 Do. ......................
15th-17th....................... John W. Eppes..... Mar. 4, 1817 Mar. 3, 1823 Res. Dec. 4, 1819.
16th-17th....................... James Pleasants... Dec. 10, 1819 Do. Res. Dec. 15, 1822.
17th-20th....................... John Taylor....... Dec. 18, 1822 Mar. 3, 1829 Died Aug. 20, 1824.
18th-23d........................ Littleton W. Dec. 7, 1824 Mar. 3, 1835 Res. July 16, 1832.
Tazewell.
22d-23d......................... William C. Rives.. Dec. 10, 1832 Do. Res. Feb. 22, 1834.
23d-26th........................ Benjamin W. Leigh. Feb. 26, 1834 Mar. 3, 1841 Res. July 4, 1836.
24th-26th....................... Richard E. Parker. Dec. 12, 1836 Do. Res. Mar. 13, 1837.
25th-26th....................... William H. Roane.. Mar. 14, 1837 Do. ......................
27th-29th....................... William S. Archer. Mar. 4, 1841 Mar. 3, 1847 ......................
30th-38th....................... Robert M. T. Mar. 4, 1847 Mar. 3, 1865 (\6\)
Hunter.
37th-38th....................... John S. Carlile... July 9, 1861 Do. (\7\)
41st............................ John W. Johnston.. Jan. 26, 1870 Mar. 3, 1871 (\8\)
42d-47th........................ ......do.......... Mar. 15, 1871 Mar. 3, 1883 ......................
48th-50th....................... Harrison H. Mar. 4, 1883 Mar. 3, 1889 ......................
Riddleberger.
51st-53d........................ John S. Barbour, Mar. 4, 1889 Mar. 3, 1895 Died May 14, 1892.
Jr..
52d-53d......................... Eppa Hunton....... May 28, 1892 Dec. 19, 1893 By gov., to fill vac.
53d............................. ......do.......... Dec. 20, 1893 Mar. 3, 1895 ......................
54th-66th....................... Thomas S. Martin.. Mar. 4, 1895 Mar. 3, 1925 Died Nov. 12, 1919.
66th............................ Carter Glass...... Feb. 2, 1919 Nov. 2, 1920 (\9\)
66th-80th....................... ......do.......... Nov. 3, 1920 Jan. 2, 1949 Died May 28, 1946.
79th............................ Thomas G. Burch... May 31, 1946 Nov. 5, 1946 By gov., to fill vac.
79th-89th....................... A. Willis Nov. 6, 1946 Jan. 2, 1967 Res. Dec. 30, 1966.
Robertson.
89th-92d........................ William B. Spong, Dec. 31, 1966 Jan. 2, 1973 (\10\)
Jr..
93d-95th........................ William L. Scott.. Jan. 3, 1973 Jan. 2, 1979 Res. Jan. 1, 1979.
96th-110th...................... John W. Warner.... Jan. 2, 1979 Jan. 2, 2009 (\11\)
111th-113th..................... Mark Warner....... Jan. 3, 2009 Jan. 2, 2015 ......................
----------------------------------------------------------------------------------------------------------------
\1\Vacancy in this class from Mar. 4, 1839, to Jan. 17, 1841.
\2\Withdrew from Senate Mar. 28, 1861. Expelled July 11, 1861. Because of Civil War, vacancy from Mar. 28 to
July 8, 1861.
\3\By legislature, to fill vacancy.
\4\Died Jan. 2, 1864. Because of Civil War, vacancy from Jan. 2, 1864, to Jan. 26, 1870, when Virginia was
readmitted to representation.
\5\By legislature, to fill vacancy in term beginning Mar. 4, 1869. Seated Jan. 27, 1870.
\6\Withdrew from Senate Mar. 28, 1861. Expelled July 11, 1861. Because of Civil War, vacancy from Mar. 28 to
July 8, 1861.
\7\By legislature to fill vacancy. Because of Civil War, vacancy from Mar. 4, 1865, to Jan. 26, 1870, when
Virginia was readmitted to representation.
\8\By legislature to fill vacancy in term beginning Mar. 4, 1865. Seated Jan. 28, 1870.
\9\Appointed by governor. Took oath Feb. 2, 1920. Secretary of Treasury during interim. Vacancy from Nov. 12,
1919, to Feb. 1, 1920.
\10\Elected to full term commencing Jan. 3, 1967; subsequently appointed by governor to fill vacancy in term
ending Jan. 2, 1967.
\11\Elected to full term commencing Jan. 3, 1979; subsequently appointed by governor to fill vacancy in term
ending Jan. 2, 1979.
See footnotes at end of
Washington table.
1897 1898
WASHINGTON
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
51st-52d........................ John B. Allen..... Nov. 20, 1889 Mar. 3, 1893 ......................
53d-55th........................ John L. Wilson.... Feb. 19, 1895 Mar. 3, 1899 (\1\)
56th-58th....................... Addison G. Foster. Mar. 4, 1899 Mar. 3, 1905 ......................
59th-61st....................... Samuel H. Piles... Mar. 4, 1905 Mar. 3, 1911 ......................
62d-67th........................ Miles Poindexter.. Mar. 4, 1911 Mar. 3, 1923 ......................
68th-73d........................ Clarence C. Dill.. Mar. 4, 1923 Jan. 2, 1935 ......................
74th-76th....................... Lewis B. Jan. 3, 1935 Jan. 2, 1941 Res. Dec. 16, 1940.
Schwellenbach.
76th-79th....................... Mon C. Wallgren... Dec. 19, 1940 Jan. 2, 1947 (\2\)
79th............................ Hugh B. Mitchell.. Jan. 10, 1945 Do. (\3\)
79th-82nd....................... Harry P. Cain..... Dec. 26, 1946 Jan. 2, 1953 (\4\)
83d-98th........................ Henry M. Jackson.. Jan. 3, 1953 Jan. 2, 1989 Died Sept. 1, 1983.
98th............................ Daniel J. Evans... Sept. 12, 1983 Nov. 8, 1983 By gov., to fill vac.
98th-100th...................... ......do.......... Nov. 8, 1983 Jan. 2, 1989 ......................
101st-106th..................... Slade Gorton...... Jan. 3, 1989 Jan. 2, 2001 ......................
107th-115th..................... Maria Cantwell.... Jan. 3, 2001 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
51st-54th....................... Watson C. Squire.. Nov. 20, 1889 Mar. 3, 1897 ......................
55th-57th....................... George Turner..... Mar. 4, 1897 Mar. 3, 1903 ......................
58th-60th....................... Levi Ankeny....... Mar. 4, 1903 Mar. 3, 1909 ......................
61st-72d........................ Wesley L. Jones... Mar. 4, 1909 Mar. 3, 1933 Died Nov. 19, 1932.
72d............................. Elijah S. Grammer. Nov. 22, 1932 Do. By gov., to fill vac.
73d-78th........................ Homer T. Bone..... Mar. 4, 1933 Jan. 2, 1945 Res. Nov. 13, 1944.
78th-96th....................... Warren G. Magnuson Dec. 14, 1944 Jan. 2, 1981 (\5\)
97th-99th....................... Slade Gorton...... Jan. 3, 1981 Jan. 2, 1987 ......................
100th-102d...................... Brock Adams....... Jan 3, 1987 Jan. 2, 1993
103d-114th...................... Patty Murray...... Jan. 3, 1993 Jan. 2, 2017 ......................
----------------------------------------------------------------------------------------------------------------
\1\Vacancy from Mar. 4, 1893, to Feb. 18, 1895, because of failure of legislature to elect. John B. Allen was
appointed by governor Mar. 10, 1893, to fill vacancy, but by Senate resolution of Aug. 28, 1893, was declared
not entitled to a seat. Wilson was elected Feb. 1, 1895, but served in House during interim.
\2\Elected to full term commencing Jan. 3, 1941; subsequently appointed by governor to fill vacancy in term
ending Jan. 2, 1941. Resigned Jan. 10, 1945.
\3\By governor, to fill vacancy. Resigned Dec. 25, 1946.
\4\Elected to full term commencing Jan. 3, 1947; subsequently appointed by govervor to fill vacancy in term
ending Jan. 2, 1947.
\5\Elected to full term commencing Jan. 3, 1945; subsequently appointed by govervor to fill vacancy in term
ending Jan. 2, 1945.
See footnotes at end of West
Virginia table.
1899 1900
WEST VIRGINIA
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
38th-40th....................... Peter G. Van Aug. 4, 1863 Mar. 3, 1869 ......................
Winkle.
41st-43d........................ Arthur I. Boreman. Mar. 4, 1869 Mar. 3, 1875 ......................
44th-46th....................... Allen T. Caperton. Mar. 4, 1875 Mar. 3, 1881 Died July 26, 1876.
44th............................ Samuel Price...... Aug. 26, 1876 Jan. 26, 1877 By gov., to fill vac.
44th-46th....................... Frank Hereford.... Jan. 31, 1877 Mar. 3, 1881 ......................
47th-49th....................... Johnson N. Camden. Mar. 4, 1881 Mar. 3, 1887 ......................
50th-55th....................... Charles J. Mar. 4, 1887 Mar. 3, 1899 ......................
Faulkner.
56th-61st....................... Nathan B. Scott... Mar. 4, 1899 Mar. 3, 1911 ......................
62d-64th........................ William E. Chilton Mar. 4, 1911 Mar. 3, 1917 ......................
65th-67th....................... Howard Sutherland. Mar. 4, 1917 Mar. 3, 1923 ......................
68th-70th....................... Matthew M. Neely.. Mar. 4, 1923 Mar. 3, 1929 ......................
71st-73d........................ Henry D. Hatfield. Mar. 4, 1929 Jan. 2, 1935 ......................
74th-76th....................... Rush D. Holt...... June 21, 1935 Jan. 2, 1941 (\1\)
77th-85th....................... Harley M. Kilgore. Jan. 3, 1941 Jan. 2, 1959 Died Feb. 28, 1956.
84th............................ William R. Laird Mar. 13, 1956 Nov. 6, 1956 By gov., to fill vac.
III.
85th............................ Chapman Revercomb. Nov. 7, 1956 Jan. 2, 1959 ......................
86th-112th...................... Robert C. Byrd.... Jan. 3, 1959 Jan. 2, 2013 Died June 28, 2010.
111th........................... Carte Goodwin..... July 16, 2010 Nov. 15, 2010 By gov., to fill vac.
111th-115th..................... Joe Manchin....... Nov. 15, 2010 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
38th-41st....................... Waitman T. Willey. Aug. 4, 1863 Mar. 3, 1871 ......................
42d-47th........................ Henry G. Davis.... Mar. 4, 1871 Mar. 3, 1883 ......................
48th-53d........................ John E. Kenna..... Mar. 4, 1883 Mar. 3, 1895 Died Jan. 11, 1893.
52d-53d......................... Johnson N. Camden. Jan. 25, 1893 Do. ......................
54th-62d........................ Stephen B. Elkins. Mar. 4, 1895 Mar. 3, 1913 Died Jan. 4, 1911.
61st............................ Davis Elkins...... Jan. 9, 1911 Jan. 31, 1911 By gov., to fill vac.
61st-62d........................ Clarence W. Watson Feb. 1, 1911 Mar. 3, 1913 ......................
63d-65th........................ Nathan Goff....... Apr. 1, 1913 Mar. 3, 1919 (\2\)
66th-68th....................... Davis Elkins...... Mar. 4, 1919 Mar. 3, 1925 ......................
69th-71st....................... Guy D. Goff....... Mar. 4, 1925 Mar. 3, 1931 ......................
WEST VIRGINIA--Continued
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
72d-77th........................ Matthew M. Neely.. Mar. 4, 1931 Jan. 2, 1943 Res. Jan. 12, 1941.
77th............................ Joseph Rosier..... Jan. 13, 1941 Nov. 17, 1942 By gov., to fill vac.
Do............................ Hugh Ike Shott.... Nov. 18, 1942 Jan. 2, 1943 ......................
78th-80th....................... Chapman Revercomb. Jan. 3, 1943 Jan. 2, 1949 ......................
81st-86th....................... Matthew M. Neely.. Jan. 3, 1949 Jan. 2, 1961 Died Jan. 18, 1958.
85th............................ John D. Jan. 25, 1958 Nov. 4, 1958 By gov., to fill vac.
Hoblitzell, Jr..
85th-98th....................... Jennings Randolph. Nov. 5, 1958 Jan. 2, 1985 ......................
99th-113th...................... John D. Jan. 15, 1985 Jan. 2, 2015 (\3\)
Rockefeller IV.
----------------------------------------------------------------------------------------------------------------
\1\Elected Nov. 6, 1934, but not having reached the age required by the Constitution, did not take his seat
until June 21, 1935.
\2\Elected to term commencing Mar. 4, 1913. Seated Apr. 1, 1913. U.S. Circuit Judge during interim.
\3\Elected to term commencing Jan. 3, 1985. Governor during interim.
1901 1902
WISCONSIN
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
30th-34th....................... Henry Dodge....... June 8, 1848 Mar. 3, 1857 ......................
35th-40th....................... James R. Doolittle Mar. 4, 1857 Mar. 3, 1869 ......................
41st-43d........................ Matthew H. Mar. 4, 1869 Mar. 3, 1875 ......................
Carpenter.
44th-46th....................... Angus Cameron..... Mar. 4, 1875 Mar. 3, 1881 ......................
47th-52d........................ Philetus Sawyer... Mar. 4, 1881 Mar. 3, 1893 ......................
53d-55th........................ John L. Mitchell.. Mar. 4, 1893 Mar. 3, 1899 ......................
56th-58th....................... Joseph V. Quarles. Mar. 4, 1899 Mar. 3, 1905 ......................
59th-70th....................... Robert M. La Jan. 4, 1906 Mar. 3, 1929 (\1\)
Follette.
69th-79th....................... Robert M. La Sept. 30, 1925 Jan. 2, 1947 ......................
Follette, Jr..
80th-85th....................... Joseph R. McCarthy Jan. 3, 1947 Jan. 2, 1959 Died May 2, 1957.
85th-100th...................... William Proxmire.. Aug. 28, 1957 Jan. 2, 1989 ......................
101st-112th..................... Herbert Kohl...... Jan. 3, 1989 Jan. 2, 2013 ......................
113th-115th..................... Tammy Baldwin..... Jan. 3, 2013 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
30th-33d........................ Isaac P. Walker... June 8, 1848 Mar. 3, 1855 ......................
34th-36th....................... Charles Durkee.... Mar. 4, 1855 Mar. 3, 1861 ......................
37th-45th....................... Timothy O. Howe... Mar. 4, 1861 Mar. 3, 1879 ......................
46th-48th....................... Matthew H. Mar. 4, 1879 Mar. 3, 1885 Died Feb. 24, 1881.
Carpenter.
47th-48th....................... Angus Cameron..... Mar. 14, 1881 Do. ......................
49th-51st....................... John Coit Spooner. Mar. 4, 1885 Mar. 3, 1891 ......................
52d-54th........................ William F. Vilas.. Mar. 4, 1891 Mar. 3, 1897 ......................
55th-60th....................... John Coit Spooner. Mar. 4, 1897 Mar. 3, 1909 (\2\)
60th-63d........................ Isaac Stephenson.. May 17, 1907 Mar. 3, 1915 ......................
64th-66th....................... Paul O. Husting... Mar. 4, 1915 Mar. 3, 1921 Died Oct. 21, 1917.
65th-69th....................... Irvine L. Lenroot. Apr. 18, 1918 Mar. 3, 1927 (\3\)
70th-72d........................ John J. Blaine.... Mar. 4, 1927 Mar. 3, 1933 ......................
73d-75th........................ F. Ryan Duffy..... Mar. 4, 1933 Jan. 2, 1939 ......................
76th-87th....................... Alexander Wiley... Jan. 3, 1939 Jan. 2, 1963 ......................
88th-96th....................... Gaylord Nelson.... Jan. 8, 1963 Jan. 2, 1981 (\4\)
97th-102d....................... Robert W. Kasten, Jan. 3, 1981 Jan. 2, 1993 ......................
Jr..
103d-111th...................... Russell D. Jan. 3, 1993 Jan. 2, 2011 ......................
Feingold.
112th-114th..................... Ron Johnson....... Jan. 3, 2011 Jan. 2, 2017 ......................
----------------------------------------------------------------------------------------------------------------
\1\Elected Jan. 25, 1905. Took oath Jan. 4, 1906. Governor during interim. Died June 18, 1925. Vacancy from June
19 to Sept. 29, 1925.
\2\Resigned Mar. 2, 1907, to take effect Apr. 30, 1907.
\3\Elected Apr. 2, 1918. Seated Apr. 18, 1918. Representative during interim. Vacancy from Oct. 22, 1917, to
Apr. 1, 1918.
\4\Waived compensation Jan. 3-7, 1963, while governor of state.
1903 1904
WYOMING
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
51st-52d........................ Francis E. Warren. Nov. 24, 1890 Mar. 3, 1893 ......................
53d............................. .................. ................ ................ (\1\)
53d-64th........................ Clarence D. Clark. Jan. 23, 1895 Mar. 3, 1917 ......................
65th-73d........................ John B. Kendrick.. Mar. 4, 1917 Jan. 2, 1935 Died Nov. 3, 1933.
73d............................. Joseph C. Jan. 1, 1934 Nov. 6, 1934 By gov., to fill
O'Mahoney. vac.\2\
73d-82d......................... ......do.......... Nov. 7, 1934 Jan. 2, 1953 ......................
83d-85th........................ Frank A. Barrett.. Jan. 3, 1953 Jan. 2, 1959 ......................
86th-94th....................... Gale W. McGee..... Jan. 3, 1959 Jan. 2, 1977 ......................
95th-103d....................... Malcolm Wallop.... Jan. 3, 1977 Jan. 2, 1995 ......................
104th-112th..................... Craig Thomas...... Jan. 3, 1995 Jan. 2, 2013 Died June 4, 2007.
110th........................... John Barrasso..... June 25, 2007 Nov. 4, 2008 By gov., to fill vac.
110th-115th..................... ......do.......... Nov. 5, 2008 Jan. 2, 2019 ......................
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
51st-53d........................ Joseph M. Carey... Nov. 15, 1890 Mar. 3, 1895 ......................
54th-71st....................... Francis E. Warren. Mar. 4, 1895 Mar. 3, 1931 Died Nov. 24, 1929.
71st............................ Patrick J. Dec. 5, 1929 Nov. 30, 1930 By gov., to fill vac.
Sullivan.
71st-74th....................... Robert D. Carey... Dec. 1, 1930 Jan. 2, 1937 ......................
75th-77th....................... Henry H. Schwartz. Jan. 3, 1937 Jan. 2, 1943 ......................
78th-80th....................... E. V. Robertson... Jan. 3, 1943 Jan. 2, 1949 ......................
81st-83d........................ Lester C. Hunt.... Jan. 3, 1949 Jan. 2, 1955 Died June 19, 1954.
83d............................. Edward D. Crippa.. June 24, 1954 Nov. 28, 1954 By gov., to fill vac.
83d-86th........................ Joseph C. Nov. 29, 1954 Jan. 2, 1961 (\3\)
O'Mahoney.
87th-89th....................... John Joseph Hickey Jan. 3, 1961 Nov. 6, 1962 By gov., to fill
vac.\4\
87th-89th....................... Milward L. Simpson Nov. 7, 1962 Jan. 2, 1967 ......................
90th-95th....................... Clifford P. Hansen Jan. 3, 1967 Jan. 2, 1979 Res. Dec. 31, 1978.
96th-104th...................... Alan K. Simpson... Jan. 1, 1979 Jan. 2, 1997 (\5\)
105th-113th..................... Michael B. Enzi... Jan. 3, 1997 Jan. 2, 2015
----------------------------------------------------------------------------------------------------------------
\1\Asahel C. Beckwith appointed by governor. Credentials presented to Senate Mar. 15, 1893, but did not qualify.
On July 11, 1893, Mr. Beckwith resigned. Vacancy from Mar. 4, 1893 to Jan. 23, 1895, because of failure of
legislature to elect.
\2\Appointed Dec. 18, 1933, but continued to serve as First Assistant Postmaster General through Dec. 31, 1933.
Vacancy from Nov. 4 to Dec. 31, 1933.
\3\Elected Nov. 2, 1954, to fill vacancy in term ending Jan. 2, 1955, and to full term ending Jan. 2, 1961.
\4\Keith Thomson, who had been elected Nov. 8, 1960, to full term commencing Jan. 3, 1961, died Dec. 9, 1960,
prior to taking the oath of office.
\5\Elected to full term commencing Jan. 3, 1979; subsequently appointed by governor to fill vacancy in term
ending Jan. 2, 1979.
Senat
e
Manua
l
Secti
on
[1905]
____________________________________________________________
INDEX OF SENATORS OF THE UNITED STATES
____________________________________________________________
A
Abbott, Joseph C.; NC................................. 1869
Abdnor, James; SD..................................... 1886
Abel, Hazel H.; NE.................................... 1858
Abourezk, James; SD................................... 1885
Abraham, Spencer; MI.................................. 1847
Adair, John; KY....................................... 1838
Adams, Alva B.; CO.................................... 1816
Adams, Brock; WA...................................... 1898
Adams, John Quincy; MA................................ 1845
Adams, Robert H.; MS.................................. 1852
Adams, Stephen; MI.................................... 1851
Aiken, George D.; VT.................................. 1894
Akaka, Daniel K.; HI.................................. 1825
Alcorn, James L.; MS.................................. 1852
Aldrich, Nelson W.; RI................................ 1881
Alexander, Lamar; TN.................................. 1888
Alger, Russell A.; MI................................. 1848
Allard, Wayne; CO..................................... 1815
Allee, James F.; DE................................... 1820
Allen, George; VA..................................... 1895
Allen, Henry J.; KS................................... 1836
Allen, James B.; AL................................... 1806
Allen, John B.; WA.................................... 1897
Allen, Maryon Pittman; AL............................. 1806
Allen, Philip; RI..................................... 1882
Allen, William; OH.................................... 1874
Allen, William V.; NE................................. 1857
Allison, William B.; IA............................... 1834
Allott, Gordon; CO.................................... 1815
Ames, Adelbert; MS.................................... 1851
Anderson, Alexander; TN............................... 1888
Anderson, Clinton P.; NM.............................. 1866
Anderson, Joseph;
TN............................................1887, 1888
Anderson, Wendell R.; MN.............................. 1850
Andrews, Charles O.; FL............................... 1821
Andrews, Mark; ND..................................... 1872
Ankeny, Levi; WA...................................... 1898
Anthony, Henry B.; RI................................. 1882
Archer, William S.; VA................................ 1896
Armstrong, David H.; MO............................... 1854
Armstrong, John;
NY............................................1867, 1868
Armstrong, William L.; CO............................. 1815
Arnold, Samuel G.; RI................................. 1881
Ashcroft, John; MO.................................... 1853
Ashley, Chester; AR................................... 1811
Ashmun, Eli P.; MA.................................... 1845
Ashurst, Henry Fountain; AZ........................... 1809
Atchison, David R.; MO................................ 1854
Atherton, Charles G.; NH..........................1861, 1862
Austin, Warren R.; VT................................. 1893
Ayotte, Kelly; NH..................................... 1862
B
Bachman, Nathan L.; TN................................ 1888
Bacon, Augustus O.; GA................................ 1823
Badger, George E.; NC................................. 1870
Bagby, Arthur P.; AL.................................. 1806
Bailey, James E.; TN.................................. 1887
Bailey, Joseph W.; TX................................. 1890
Bailey, Josiah W.; NC................................. 1869
Bailey, Theodorus; NY................................. 1867
Baird, David; NJ...................................... 1864
Baird, David, Jr.; NJ................................. 1864
Baker, David J.; IL................................... 1829
Baker, Edward D.; OR.................................. 1877
Baker, Howard H., Jr.; TN............................. 1888
Baker, Lucien; KS..................................... 1835
Baldwin, Abraham; GA.................................. 1823
Baldwin, Henry P.; MI................................. 1847
Baldwin, Raymond E.; CT............................... 1817
Baldwin, Roger S.; CT................................. 1817
Baldwin, Tammy; WI.................................... 1901
Ball, Joseph H.; MN................................... 1850
Ball, L. Heisler; DE..............................1819, 1820
Bankhead, John H.; AL................................. 1805
Bankhead, John H., 2d; AL............................. 1805
Barbour, James C.; VA................................. 1895
Barbour, John S., Jr.; VA............................. 1896
Barbour, W. Warren; NJ............................1863, 1864
Bard, Thomas R.; CA................................... 1813
Barkley, Alben W.; KY.............................1837, 1838
Barkley, Dean; MN..................................... 1850
Barnard, Isaac D.; PA................................. 1879
Barnum, William H.; CT................................ 1818
Barnwell, Robert W.; SC............................... 1883
Barrasso, John; WY.................................... 1903
Barrett, Frank A.; WY................................. 1903
Barrow, Alexander; LA................................. 1839
Barrow, Pope; GA...................................... 1823
Barry, Alexander G.; OR............................... 1878
Barry, William T.; KY................................. 1837
Bartlett, Dewey F.; OK................................ 1875
Bartlett, E. L.; AK................................... 1807
Barton, David; MO..................................... 1854
Bass, Ross; TN........................................ 1888
Bassett, Richard; DE.................................. 1820
Bate, William B.; TN.................................. 1887
Bateman, Ephraim; NJ.................................. 1863
Bates, Isaac C.; MA................................... 1846
Bates, Martin W.; DE.................................. 1820
Baucus, Max; MT....................................... 1856
Bayard, James A., Jr.; DE............................. 1819
Bayard, James A., Sr.; DE............................. 1820
Bayard, Richard H.; DE................................ 1819
Bayard, Thomas F., Jr.; DE............................ 1819
Bayard, Thomas F., Sr.; DE............................ 1819
Bayh, Birch; IN....................................... 1832
Bayh, Evan; IN........................................ 1832
Beall, J. Glenn; MD................................... 1843
Beall, J. Glenn, Jr.; MD.............................. 1843
Beck, James B.; KY.................................... 1837
Beckham, John C. W.; KY............................... 1838
Beckwith, Asahel C.; WY\1\............................ 1903
\1\Appointed by governor, but did not qualify.
Begich, Mark; AK...................................... 1807
Bell, Charles H.; NH.................................. 1862
Bell, James; NH....................................... 1862
Bell, John; TN........................................ 1888
Bell, Samuel; NH...................................... 1861
Bellmon, Henry; OK.................................... 1876
Bender, George H.; OH................................. 1874
Benet, Christie; SC................................... 1883
Benjamin, Judah P.; LA................................ 1839
Bennet, Michael; CO................................... 1816
Bennett, Robert F.; UT................................ 1892
Bennett, Wallace F.; UT............................... 1892
Benson, Alfred W.; KS................................. 1835
Benson, Elmer A.; MN.................................. 1850
Benton, Thomas H.; MO................................. 1853
Benton, William; CT................................... 1817
Bentsen, Lloyd M., Jr.; TX............................ 1889
Berrien, John M.; GA..............................1823, 1824
Berry, George L.; TN.................................. 1888
Berry, James H.; AR................................... 1811
Betts, Thaddeus; CT................................... 1817
Beveridge, Albert J.; IN.............................. 1831
Bibb, George M.; KY................................... 1837
Bibb, William W.; GA.................................. 1823
Bible, Alan; NV....................................... 1860
Biden, Joseph R., Jr.; DE............................. 1820
Biggs, Asa; NC........................................ 1870
Bigler, William; PA................................... 1880
Bilbo, Theodore G.; MS................................ 1851
Bingaman, Jeff; NM.................................... 1865
Bingham, Hiram; CT.................................... 1818
Bingham, Kinsley S.; MI............................... 1848
Bingham, William; PA.................................. 1880
Black, Hugo; AL....................................... 1806
Black, John; MS....................................... 1851
Blackburn, Joseph C.S.; KY........................1837, 1838
Blaine, James G.; ME.................................. 1842
Blaine, John J.; WI................................... 1902
Blair, Francis P.; MO................................. 1854
Blair, Henry W.; NH................................... 1862
Blakley, William A.; TX...........................1889, 1890
Blanchard, Newton C.; LA.............................. 1840
Blease, Coleman L.; SC................................ 1883
Bledsoe, Jesse; KY.................................... 1838
Blodgett, Rufus; NJ................................... 1863
Bloodworth, Timothy; NC............................... 1870
Blount, William; TN................................... 1888
Blumenthal, Richard; CT............................... 1818
Blunt, Roy; MO........................................ 1854
Boardman, Elijah; CT.................................. 1817
Boggs, J. Caleb; DE................................... 1820
Bogy, Lewis V.; MO.................................... 1854
Bond, Christopher S.; MO.............................. 1854
Bone, Homer T.; WA.................................... 1898
Booker, Cory A.; NJ................................... 1864
Booth, Newton; CA..................................... 1813
Boozman, John; AR..................................... 1812
Borah, William E.; ID................................. 1827
Boreman, Arthur I.; WV................................ 1899
Boren, David L.; OK................................... 1875
Borland, Solon; AR.................................... 1812
Boschwitz, Rudy; MN................................... 1850
Bottum, Joe H.; SD.................................... 1886
Bouligny, Dominique; LA............................... 1839
Bourne, Jonathan, Jr.; OR............................. 1877
Boutwell, George S.; MA............................... 1846
Bowden, Lemuel L.; VA................................. 1895
Bowen, Thomas M.; CO.................................. 1815
Bowring, Eva; NE...................................... 1858
Boxer, Barbara; CA.................................... 1814
Bradbury, James W.; ME................................ 1842
Bradford, William; RI................................. 1882
Bradley, Bill; NJ..................................... 1864
Bradley, Stephen R.; VT............................... 1894
Bradley, William O.; KY............................... 1838
Brady, James H.; ID................................... 1828
Brady, Nicholas F.; NJ................................ 1863
Bragg, Thomas; NC..................................... 1869
Brainerd, Lawrence; VT................................ 1894
Branch, John; NC...................................... 1869
Brandegee, Frank B.; CT............................... 1818
Bratton, Sam G.; NM................................... 1866
Breaux, John B.; LA................................... 1840
Breckinridge, John; KY................................ 1838
Breckinridge, John C.; KY............................. 1838
Breese, Sidney; IL.................................... 1830
Brent, Richard; VA.................................... 1895
Brewster, Daniel B.; MD............................... 1844
Brewster, Ralph O.; ME................................ 1841
Brice, Calvin S.; OH.................................. 1874
Bricker, John W.; OH.................................. 1873
Bridges, Styles; NH................................... 1861
Briggs, Frank O.; NJ.................................. 1864
Briggs, Frank P.; MO.................................. 1853
Bright, Jesse D.; IN.................................. 1831
Bristow, Joseph L.; KS................................ 1836
Brock, William E.; TN................................. 1888
Brock, William E., III; TN............................ 1887
Broderick, David C.; CA............................... 1813
Brodhead, Richard; PA................................. 1879
Brooke, Edward W.; MA................................. 1846
Brooke, Walker; MS.................................... 1852
Brookhart, Smith W.; IA...........................1833, 1834
Brooks, C. Wayland; IL................................ 1829
Broughton, J. Melville; NC............................ 1869
Broussard, Edwin S.; LA............................... 1840
Broussard, Robert F.; LA.............................. 1840
Brown, Albert G.; MS.................................. 1852
Brown, Arthur; UT..................................... 1892
Brown, Bedford; NC.................................... 1869
Brown, B. Gratz; MO................................... 1854
Brown, Ernest S.; NV.................................. 1860
Brown, Ethan A.; OH................................... 1874
Brown, Fred H.; NH.................................... 1862
Brown, Hank; CO....................................... 1815
Brown, James; LA..................................1839, 1840
Brown, John; KY....................................... 1837
Brown, Joseph E.; GA.................................. 1824
Brown, Norris; NE..................................... 1858
Brown, Prentiss M.; MI................................ 1848
Brown, Scott; MA...................................... 1845
Brown, Sherrod; OH.................................... 1873
Brownback, Sam; KS.................................... 1836
Browning, Orville H.; IL.............................. 1829
Brownlow, William G.; TN.............................. 1887
Broyhill, James T.; NC................................ 1870
Bruce, Blanche K.; MS................................. 1851
Bruce, William Cabell; MD............................. 1843
Brunsdale, C. Norman; ND.............................. 1871
Bryan, Nathan P.; FL.................................. 1821
Bryan, Richard H.; NV................................. 1859
Bryan, William J.; FL................................. 1822
Buchanan, James; PA................................... 1880
Buck, C. Douglass; DE................................. 1820
Buckalew, Charles R.; PA.............................. 1879
Buckingham, William A.; CT............................ 1817
Buckley, James L.; NY................................. 1867
Buckner, Alexander; MO................................ 1854
Bulkeley, Morgan G.; CT............................... 1817
Bulkley, Robert J.; OH................................ 1874
Bulloch, William B.; GA............................... 1823
Bulow, William J.; SD................................. 1885
Bumpers, Dale; AR..................................... 1812
Bunker, Berkeley L.; NV............................... 1859
Bunning, Jim; KY...................................... 1838
Burch, Thomas G.; VA.................................. 1896
Burdick, Jocelyn B.; ND............................... 1871
Burdick, Quentin N.; ND............................... 1871
Burke, Edward R.; NE.................................. 1857
Burke, Thomas A.; OH.................................. 1874
Burkett, Elmer J.; NE................................. 1857
Burleigh, Edwin C.; ME................................ 1842
Burnet, Jacob; OH..................................... 1874
Burnham, Henry E.; NH................................. 1861
Burns, Conrad; MT..................................... 1855
Burnside, Ambrose E.; RI.............................. 1881
Burr, Aaron; NY....................................... 1867
Burr, Richard; NC..................................... 1870
Burrill, James, Jr.; RI............................... 1882
Burris, Roland; IL.................................... 1830
Burrows, Julius C.; MI................................ 1847
Bursum, Holm O.; NM................................... 1866
Burton, Harold H.; OH................................. 1873
Burton, Joseph R.; KS................................. 1835
Burton, Theodore E.; OH............................... 1874
Bush, Prescott; CT.................................... 1818
Bushfield, Harlan J.; SD.............................. 1885
Bushfield, Vera C.; SD................................ 1885
Butler, Andrew P.; SC................................. 1884
Butler, Hugh; NE...................................... 1857
Butler, John M.; MD................................... 1844
Butler, Marion; NC.................................... 1869
Butler, Matthew C.; SC................................ 1883
Butler, Pierce; SC................................1883, 1884
Butler, William M.; MA................................ 1845
Byrd, Harry Flood; VA................................. 1895
Byrd, Harry Flood, Jr.; VA............................ 1895
Byrd, Robert C.; WV................................... 1899
Byrnes, James F.; SC.................................. 1883
C
Cabot, George; MA..................................... 1845
Caffery, Donelson; LA................................. 1839
Cain, Harry P.; WA.................................... 1897
Calder, William M.; NY................................ 1867
Caldwell, Alexander; KS............................... 1835
Calhoun, John C.; SC.................................. 1883
Call, Wilkinson; FL................................... 1822
Camden, Johnson N.; WV............................1899, 1900
Camden, Johnson N., Jr.;
KY..................................................1838
Cameron, Angus; WI................................1901, 1902
Cameron, James D.; PA................................. 1880
Cameron, Ralph H.; AZ................................. 1810
Cameron, Simon; PA................................1879, 1880
Campbell, Alexander; OH............................... 1874
Campbell, Ben Nighthorse; CO.......................... 1816
Campbell, George W.; TN...........................1887, 1888
Cannon, Frank J.; UT.................................. 1891
Cannon, Howard W.; NV................................. 1859
Cantwell, Maria; WA................................... 1897
Capehart, Homer E.; IN................................ 1832
Caperton, Allen T.; WV................................ 1899
Capper, Arthur; KS.................................... 1835
Caraway, Mrs. Hattie W.; AR........................... 1812
Caraway, Thaddeus H.; AR.............................. 1812
Cardin, Benjamin; MD.................................. 1843
Carey, Joseph M.; WY.................................. 1904
Carey, Robert D.; WY.................................. 1904
Carlile, John S.; VA.................................. 1896
Carlisle, John G.; KY................................. 1837
Carlson, Frank; KS.................................... 1836
Carmack, Edward W.; TN................................ 1888
Carnahan, Jean; MO.................................... 1853
Carpenter, Matthew H.; WI.........................1901, 1902
Carper, Thomas; DE.................................... 1819
Carroll, Charles, of Carrollton; MD................... 1843
Carroll, John A.; CO.................................. 1816
Carter, Thomas H.; MT.............................1855, 1856
Carville, E.P.; NV.................................... 1859
Case, Clifford P.; NJ................................. 1864
Case, Francis; SD..................................... 1886
Casey, Lyman R.; ND................................... 1871
Casey, Robert; PA..................................... 1879
Cass, Lewis; MI....................................... 1847
Casserly, Eugene; CA.................................. 1813
Cathcart, Charles W.; IN.............................. 1832
Catron, Thomas B.; NM................................. 1865
Cattell, Alexander G.; NJ............................. 1864
Chace, Jonathan; RI................................... 1882
Chafee, John H.; RI................................... 1881
Chafee, Lincoln D.; RI................................ 1881
Chaffee, Jerome B.; CO................................ 1816
Chalmers, Joseph W.; MS............................... 1852
Chamberlain, George E.; OR............................ 1878
Chambers, Ezekiel F.; MD.............................. 1844
Chambers, Henry H.; AL................................ 1806
Chambliss, Saxby; GA.................................. 1823
Champlin, Christopher G.; RI.......................... 1881
Chandler, Albert B.; KY............................... 1837
Chandler, John; ME.................................... 1842
Chandler, William E.; NH.............................. 1861
Chandler, Zachariah; MI............................... 1847
Chapman, Virgil; KY................................... 1837
Charlton, Robert M.; GA............................... 1823
Chase, Dudley; VT..................................... 1894
Chase, Salmon P.; OH.................................. 1874
Chavez, Dennis; NM.................................... 1865
Cheney, Person C.; NH................................. 1861
Chesnut, James, Jr.; SC............................... 1883
Chilcott, George M.; CO............................... 1815
Chiles, Lawton; FL.................................... 1821
Chilton, Horace; TX...............................1889, 1890
Chilton, William E.; WV............................... 1899
Chipman, Nathaniel; VT................................ 1893
Choate, Rufus; MA..................................... 1845
Christiancy, Isaac P.; MI............................. 1847
Church, Frank; ID..................................... 1828
Cilley, Joseph; NH.................................... 1861
Claiborne, William C.C.; LA........................... 1839
Clapp, Moses E.; MN................................... 1849
Clark, Clarence D.; WY................................ 1903
Clark, D. Worth; ID................................... 1828
Clark, Daniel; NH..................................... 1862
Clark, Dick; IA....................................... 1833
Clark, Joel Bennett; MO............................... 1854
Clark, Joseph S.; PA.................................. 1880
Clark, William A.;
MT............................................1855, 1856
Clarke, James P.; AR.................................. 1812
Clarke, John H.; RI................................... 1882
Clay, Alexander S.; GA................................ 1824
Clay, Clement Claiborne, Jr.; AL...................... 1805
Clay, Clement Comer; AL............................... 1806
Clay, Henry; KY...................................1837, 1838
Clayton, Henry D.; AL\1\.............................. 1806
\1\Appointed by governor, but withdrew.
Clayton, John M.;
DE............................................1819, 1820
Clayton, Joshua; DE................................... 1820
Clayton, Powell; AR................................... 1811
Clayton, Thomas; DE...............................1819, 1820
Cleland, Max; GA........................................1823
Clemens, Jeremiah; AL................................. 1805
Clements, Earle C.; KY................................ 1838
Clingman, Thomas L.; NC............................... 1870
Clinton, De Witt; NY.................................. 1868
Clinton, Hillary; NY.................................. 1867
Coats, Dan; IN........................................ 1832
Cobb, Thomas W.; GA................................... 1823
Coburn, Tom; OK....................................... 1876
Cochran, Thad; MS..................................... 1852
Cocke, William; TN................................1887, 1888
Cockrell, Francis M.; MO.............................. 1853
Cohen, John S.; GA.................................... 1823
Cohen, William S.; ME................................. 1842
Coke, Richard; TX..................................... 1890
Cole, Cornelius; CA................................... 1814
Coleman, Norm; MN..................................... 1850
Colhoun, John E.; SC.................................. 1884
Collamer, Jacob; VT................................... 1894
Collins, Susan M.; ME................................. 1842
Colquitt, Alfred H.; GA............................... 1823
Colquitt, Walter T.; GA............................... 1824
Colt, LeBaron B.; RI.................................. 1882
Comegys, Joseph P.; DE................................ 1820
Comer, Braxton B.; AL................................. 1805
Condit, John; NJ..................................1863, 1864
Conger, Omar D.; MI................................... 1847
Conkling, Roscoe; NY.................................. 1868
Connally, Tom; TX..................................... 1889
Conness, John; CA..................................... 1813
Conover, Simon B.; FL................................. 1822
Conrad, Charles M.; LA................................ 1840
Conrad, Kent;
ND............................................1871, 1872
Cook, Marlow W.; KY................................... 1838
Coolidge, Marcus A.; MA............................... 1846
Coons, Christopher; DE................................ 1820
Cooper, Henry; TN..................................... 1888
Cooper, James; PA..................................... 1880
Cooper, John S.; KY................................... 1837
Copeland, Royal S.; NY................................ 1867
Corbett, Henry W.; OR................................. 1878
Cordon, Guy; OR....................................... 1877
Corker, Robert; TN.................................... 1887
Cornyn, John; TX...................................... 1890
Corwin, Thomas; OH.................................... 1873
Corzine, John; NJ..................................... 1863
Costigan, Edward P.; CO............................... 1815
Cotton, Norris; NH.................................... 1862
Couzens, James; MI.................................... 1848
Coverdell, Paul; GA................................... 1824
Cowan, Edgar; PA...................................... 1880
Cowan, William ``Mo''; MA............................. 1846
Crafts, Samuel C.; VT................................. 1894
Cragin, Aaron H.; NH.................................. 1861
Craig, Larry E.; ID................................... 1827
Crane, Winthrop M.; MA................................ 1846
Cranston, Alan; CA.................................... 1814
Crapo, Mike; ID....................................... 1828
Crawford, Coe I.; SD.................................. 1886
Crawford, William H.; GA.............................. 1823
Creswell, John A. J.; MD.............................. 1844
Crippa, Edward D.; WY................................. 1904
Crittenden, John J.;
KY............................................1837, 1838
Crow, William E.; PA.................................. 1879
Crozier, Robert; KS................................... 1835
Cruz, Ted; TX......................................... 1889
Culberson, Charles A.; TX............................. 1889
Cullom, Shelby M.; IL................................. 1829
Culver, John C.; IA................................... 1834
Cummins, Albert B.; IA................................ 1834
Curtis, Carl T.; NE................................... 1858
Curtis, Charles;
KS............................................1835, 1836
Cuthbert, Alfred; GA.................................. 1824
Cutting, Bronson; NM.................................. 1865
Cutts, Charles; NH.................................... 1862
D
Daggett, David; CT.................................... 1818
Dale, Porter H.; VT................................... 1894
Dallas, George M.; PA................................. 1879
Dalton, Tristram; MA.................................. 1845
D'Amato, Alfonse M.; NY............................... 1868
Dana, Judah; ME....................................... 1841
Dana, Samuel W.; CT................................... 1817
Danaher, John A.; CT.................................. 1818
Danforth, John C.; MO................................. 1853
Daniel, Charles E.; SC................................ 1883
Daniel, John W.; VA................................... 1895
Daniel, Price; TX..................................... 1889
Darby, Harry; KS...................................... 1836
Daschle, Thomas A.; SD................................ 1886
Davenport, Franklin; NJ............................... 1863
Davis, Cushman K.; MN................................. 1849
Davis, David; IL...................................... 1829
Davis, Garrett; KY.................................... 1838
Davis, Henry G.; WV................................... 1900
Davis, James J.; PA................................... 1880
Davis, Jeff; AR....................................... 1811
Davis, Jefferson; MS.................................. 1851
Davis, John; MA....................................... 1846
Dawes, Henry L.; MA................................... 1845
Dawson, William C.; GA................................ 1824
Dayton, Jonathan; NJ.................................. 1864
Dayton, Mark; MN...................................... 1849
Dayton, William L.; NJ................................ 1863
Deboe, William J.; KY................................. 1838
DeConcini, Dennis; AZ................................. 1809
DeMint, James; SC..................................... 1884
Deneen, Charles S.; IL................................ 1829
Dennis, George R.; MD................................. 1844
Denton, Jeremiah; AL.................................. 1806
Depew, Chauncey M.; NY................................ 1867
DeSaussure, William F.; SC............................ 1883
Destrehan, John N.; LA\1\............................. 1839
\1\Elected, but did not qualify.
DeWine, Mike; OH...................................... 1873
DeWolf, James; RI..................................... 1881
Dexter, Samuel; MA.................................... 1846
Dial, Nathaniel B.; SC................................ 1883
Dick, Charles W.F.; OH................................ 1873
Dickerson, Mahlon;
NJ............................................1863, 1864
Dickinson, Daniel S.; NY.............................. 1867
Dickinson, L. J.; IA.................................. 1833
Dickinson, Philemon; NJ............................... 1864
Dieterich, William H.; IL............................. 1830
Dietrich, Charles H.; NE.............................. 1857
Dill, Clarence C.; WA................................. 1897
Dillingham, William P.; VT............................ 1894
Dirksen, Everett M.; IL............................... 1830
Dix, John A.; NY...................................... 1868
Dixon, Alan J.; IL.................................... 1830
Dixon, Archibald; KY.................................. 1838
Dixon, James; CT...................................... 1817
Dixon, Joseph M.; MT.................................. 1856
Dixon, Nathan F., 1st; RI............................. 1881
Dixon, Nathan F., 3d; RI.............................. 1882
Dodd, Christopher J.; CT.............................. 1818
Dodd, Thomas J.; CT................................... 1817
Dodge, Augustus C.; IA................................ 1834
Dodge, Henry; WI...................................... 1901
Dole, Elizabeth; NC................................... 1869
Dole, Robert; KS...................................... 1836
Dolliver, Jonathan P.; IA............................. 1833
Dolph, Joseph N.; OR.................................. 1877
Domenici, Pete V.; NM................................. 1866
Dominick, Peter H.; CO................................ 1816
Donahey, Vic; OH...................................... 1873
Donnell, Forrest C.; MO............................... 1854
Donnelly, Joe; IN..................................... 1833
Doolittle, James R.; WI............................... 1901
Dorgan, Byron L.; ND.................................. 1872
Dorsey, Stephen W.; AR................................ 1812
Douglas, Paul H.; IL.................................. 1829
Douglas, Stephen A.; IL............................... 1829
Downey, Sheridan; CA.................................. 1814
Downs, Solomon W.; LA................................. 1839
Doxey, Wall; MS....................................... 1852
Drake, Charles D.; MO................................. 1854
Drew, Irving W.; NH................................... 1862
Dryden, John F.; NJ................................... 1864
Dubois, Fred T.;
ID............................................1827, 1828
Dudley, Charles E.; NY................................ 1867
Duff, James H.; PA.................................... 1880
Duffy, F. Ryan; WI.................................... 1902
Dulles, John Foster; NY............................... 1868
duPont, Henry A.; DE.................................. 1819
duPont, T. Coleman; DE............................1819, 1820
Durbin, Richard J.; IL................................ 1829
Durenberger, David; MN................................ 1849
Durkee, Charles; WI................................... 1902
Durkin, John A., NH................................... 1862
Dworshak, Henry C.; ID................................ 1827
E
Eagleton, Thomas F.; MO............................... 1854
Earle, Joseph H.; SC.................................. 1884
East, John P.; NC..................................... 1870
Eastland, James O.; MS................................ 1852
Eaton, John H.; TN.................................... 1887
Eaton, William W.; CT................................. 1817
Ecton, Zales N.; MT................................... 1855
Edge, Walter E.; NJ................................... 1864
Edgerton, Alonzo J.; MN............................... 1850
Edmondson, J. Howard; OK.............................. 1875
Edmunds, George F.; VT................................ 1893
Edwards, Edward I.; NJ................................ 1863
Edwards, Elaine S.; LA................................ 1839
Edwards, Henry W.; CT................................. 1817
Edwards, John; KY..................................... 1838
Edwards, John; NC..................................... 1870
Edwards, Ninian; IL................................... 1830
Elkins, Davis; WV..................................... 1900
Elkins, Stephen B.; WV................................ 1900
Ellender, Allen J.; LA................................ 1839
Ellery, Christopher; RI............................... 1882
Elliott, John; GA..................................... 1824
Ellis, Powhatan; MS................................... 1851
Ellsworth, Oliver; CT................................. 1817
Elmer, Jonathan; NJ................................... 1863
Elmore, Franklin H.; SC............................... 1883
Engle, Clair; CA...................................... 1813
English, James E.; CT................................. 1818
Ensign, John; NV...................................... 1859
Enzi, Michael B; WY................................... 1904
Eppes, John W.; VA.................................... 1896
Erickson, John E.; MT................................. 1856
Ernst, Richard P.; KY................................. 1838
Ervin, Sam J., Jr.; NC................................ 1870
Eustis, James B.; LA.................................. 1840
Evans, Daniel J.; WA.................................. 1897
Evans, George; ME..................................... 1842
Evans, Josiah J.; SC.................................. 1883
Evarts, William M.; NY................................ 1868
Everett, Edward; MA................................... 1846
Ewing, Thomas; OH.................................1873, 1874
Ewing, William L.D.; IL............................... 1830
Exon, J.J.; NE........................................ 1858
F
Fair, James G.; NV.................................... 1859
Fairbanks, Charles W.; IN............................. 1832
Faircloth, Lauch; NC.................................. 1870
Fairfield, John; ME................................... 1841
Fall, Albert B.; NM................................... 1866
Fannin, Paul J.; AZ................................... 1809
Farley, James T.; CA.................................. 1814
Farwell, Charles B.; IL............................... 1830
Farwell, Nathan A.; ME................................ 1842
Faulkner, Charles J.; WV.............................. 1899
Feazel, William C.; LA................................ 1840
Feingold, Russell D.; WI.............................. 1902
Feinstein, Dianne; CA................................. 1813
Felch, Alpheus; MI.................................... 1848
Felton, Charles N.; CA................................ 1813
Felton, Mrs. Rebecca L.; GA........................... 1824
Fenner, James; RI..................................... 1882
Fenton, Reuben E.; NY................................. 1867
Ferguson, Homer; MI................................... 1848
Fernald, Bert M.; ME.................................. 1842
Ferris, Woodbridge N.; MI............................. 1847
Ferry, Orris S.; CT................................... 1818
Ferry, Thomas W.; MI.................................. 1848
Fess, Simeon D.; OH................................... 1873
Fessenden, William P.; ME............................. 1842
Few, William; GA...................................... 1823
Field, Richard S.; NJ................................. 1863
Findlay, William; PA.................................. 1879
Finley, Jesse J.; FL\1\............................... 1821
\1\Appointed by governor, but did not qualify.
Fischer, Debra; NE.................................... 1857
Fish, Hamilton; NY.................................... 1867
Fisk, James; VT....................................... 1894
Fitch, Graham N.; IN.................................. 1832
Fitzgerald, Peter G.; IL.............................. 1830
Fitzgerald, Thomas; MI................................ 1847
Fitzpatrick, Benjamin; AL.........................1805, 1806
Flake, Jeff; AZ....................................... 1809
Flanagan, James W.; TX................................ 1889
Flanders, Ralph E.; VT................................ 1893
Fletcher, Duncan U.; FL............................... 1822
Flint, Frank P.; CA................................... 1813
Fogg, George G.; NH................................... 1862
Fong, Hiram L.; HI.................................... 1825
Foot, Samuel A.; CT................................... 1817
Foot, Solomon; VT..................................... 1893
Foote, Henry S.; MS................................... 1852
Foraker, Joseph B.; OH................................ 1874
Ford, Wendell H.; KY.................................. 1838
Forsyth, John; GA.................................1823, 1824
Foster, Addison G.; WA................................ 1897
Foster, Dwight; MA.................................... 1846
Foster, Ephraim III; TN............................... 1887
Foster, Henry A.; NY.................................. 1868
Foster, Lafayette S.; CT.............................. 1818
Foster, Murphy J.; LA................................. 1839
Foster, Theodore; RI.................................. 1881
Fowler, Joseph S.; TN................................. 1888
Fowler, Wyche, Jr.; GA................................ 1824
Frahm, Sheila; KS..................................... 1836
France, Joseph I.; MD................................. 1843
Francis, John B.; RI.................................. 1881
Franken, Al; MN....................................... 1850
Franklin, Jesse; NC...............................1869, 1870
Frazier, James B.; TN................................. 1887
Frazier, Lynn J.; ND.................................. 1871
Frear, J. Allen, Jr.; DE.............................. 1820
Frelinghuysen, Frederick; NJ.......................... 1864
Frelinghuysen, Frederick T.; NJ...................1863, 1864
Frelinghuysen, Joseph S.; NJ.......................... 1863
Frelinghuysen, Theodore; NJ........................... 1864
Fremont, John C.; CA.................................. 1813
Frist, William H.; TN................................. 1887
Fromentin, Eligius; LA................................ 1840
Frye, William P.; ME.................................. 1842
Fulbright, J. William; AR............................. 1812
Fulton, Charles W.; OR................................ 1878
Fulton, William S.; AR................................ 1811
G
Gaillard, John; SC.................................... 1884
\2\Elected but did not qualify.
Gallatin, Albert; PA\2\............................... 1879
Gallinger, Jacob H.; NH............................... 1862
Gamble, Robert J.; SD................................. 1885
Gambrell, David H.; GA................................ 1823
Gardner, Obadiah; ME.................................. 1842
Garland, Augustus H.; AR.............................. 1811
Garn, E. J. ``Jake''; UT.............................. 1892
Gary, Frank B.; SC.................................... 1884
Gay, Edward J.; LA.................................... 1840
Gear, John H.; IA..................................... 1833
Gearin, John M.; OR................................... 1877
George, James Z.; MS.................................. 1851
George, Walter F.; GA................................. 1824
German, Obadiah; NY................................... 1867
Gerry, Peter G.; RI................................... 1881
Geyer, Henry S.; MO................................... 1853
Gibson, Charles H.; MD................................ 1844
Gibson, Ernest W.; VT................................. 1894
Gibson, Ernest W., Jr.; VT............................ 1894
Gibson, Paris; MT..................................... 1855
Gibson, Randall L.; LA................................ 1839
Gilbert, Abijah; FL................................... 1821
Giles, William B.; VA.............................1895, 1896
Gillett, Frederick H.; MA............................. 1846
Gillette, Francis; CT................................. 1818
Gillette, Guy M.; IA..............................1833, 1834
Gillibrand, Kirsten; NY............................... 1867
Gilman, Nicholas; NH.................................. 1861
Glass, Carter; VA..................................... 1896
Glass, Frank P.; AL\1\................................ 1806
\1\Appointed by governor, but did not qualify.
Glenn, John H.; OH.................................... 1874
Glenn, Otis F.; IL.................................... 1830
Goff, Guy D.; WV...................................... 1900
Goff, Nathan; WV...................................... 1900
Goldsborough, Phillips L.; MD......................... 1843
Goldsborough, Robert H.; MD........................... 1844
Goldthwaite, George; AL............................... 1805
Goldwater, Barry; AZ..............................1809, 1810
Goodell, Charles E.; NY............................... 1867
Goodhue, Benjamin; MA................................. 1845
Gooding, Frank R.; ID................................. 1828
Goodrich, Chauncey; CT................................ 1818
Goodwin, Carte; WV.................................... 1899
Gordon, James; MS..................................... 1852
Gordon, John B.; GA................................... 1824
Gore, Albert; TN...................................... 1887
Gore, Albert, Jr.; TN................................. 1888
Gore, Christopher; MA................................. 1845
Gore, Thomas P.; OK...............................1875, 1876
Gorman, Arthur P.; MD.............................1843, 1844
Gorton, Slade; WA.................................1897, 1898
Gossett, Charles C.; ID............................... 1827
Gould, Arthur R.; ME.................................. 1842
Graham, Bob; FL....................................... 1822
Graham, Frank P.; NC.................................. 1869
Graham, Lindsey; SC................................... 1883
Graham, William A.; NC................................ 1870
Gramm, Wm. Philip; TX................................. 1890
Grammer, Elijah S.; WA................................ 1898
Grams, Rod; MN........................................ 1849
Grassley, Charles E.; IA.............................. 1834
Gravel, Mike; AK...................................... 1808
Graves, Mrs. Dixie Bibb; AL........................... 1806
Gray, George; DE...................................... 1819
Grayson, William; VA.................................. 1895
Green, James S.; MO................................... 1854
Green, Theodore F.; RI................................ 1882
Greene, Albert C.; RI................................. 1881
Greene, Frank L.; VT.................................. 1893
Greene, Ray; RI....................................... 1882
Gregg, Andrew; PA..................................... 1880
Gregg, Judd; NH....................................... 1862
Griffin, Robert P.; MI................................ 1848
Grimes, James W.; IA.................................. 1833
Griswold, Dwight; NE.................................. 1858
Griswold, Stanley; OH................................. 1874
Gronna, Asle J.; ND................................... 1872
Groome, James B.; MD.................................. 1844
Grover, LaFayette; OR................................. 1877
Gruening, Ernest; AK.................................. 1808
Grundy, Felix; TN..................................... 1887
Grundy, Joseph R.; PA................................. 1880
Guffey, Joseph F.; PA................................. 1879
Guggenheim, Simon; CO................................. 1815
Guion, Walter; LA..................................... 1840
Gunn, James; GA....................................... 1824
Gurney, Edward J.; FL................................. 1822
Gurney, J. Chandler; SD............................... 1886
Guthrie, James; KY.................................... 1837
Gwin, William M.; CA.................................. 1814
H
Hagan, Kay; NC........................................ 1869
Hagel, Chuck; NE...................................... 1858
Hager, John S.; CA.................................... 1813
Hale, Eugene; ME...................................... 1841
Hale, Frederick; ME................................... 1841
Hale, John P.; NH..................................... 1861
Hall, Wilton E.; SC................................... 1884
Hamilton, Morgan C.; TX............................... 1890
Hamilton, William T.; MD.............................. 1843
Hamlin, Hannibal; ME.................................. 1841
Hammond, James H.; SC................................. 1884
Hampton, Wade; SC..................................... 1884
Hanna, Marcus A.; OH.................................. 1873
Hanna, Robert; IN..................................... 1831
Hannegan, Edward A.; IN............................... 1832
Hansbrough, Henry C.; ND.............................. 1872
Hansen, Clifford P.; WY............................... 1904
Hanson, Alexander C.; MD.............................. 1843
Hardin, Martin D.; KY................................. 1837
Harding, Benjamin F.; OR.............................. 1877
Harding, Warren G.; OH................................ 1874
Hardwick, Thomas W.; GA............................... 1823
Harkin, Thomas R; IA.................................. 1833
Harlan, James; IA..................................... 1834
Harper, Robert G.; MD................................. 1843
Harper, William; SC................................... 1884
Harreld, John W.; OK.................................. 1876
Harris, Fred R.; OK................................... 1875
Harris, Ira; NY....................................... 1868
Harris, Isham G.; TN.................................. 1888
Harris, John S.; LA................................... 1839
Harris, William A.; KS................................ 1836
Harris, William J.; GA................................ 1823
Harrison, Benjamin; IN................................ 1831
Harrison, Pat; MS..................................... 1852
Harrison, William H.; OH.............................. 1874
Hart, Gary W.; CO..................................... 1816
Hart, Philip A.; MI................................... 1847
Hart, Thomas C.; CT................................... 1817
Hartke, Vance; IN..................................... 1831
Harvey, James M.; KS.................................. 1835
Haskell, Floyd K.; CO................................. 1815
Hastings, Daniel O.; DE............................... 1820
Hatch, Carl A.; NM.................................... 1866
Hatch, Orrin G.; UT................................... 1891
Hatfield, Henry D.; WV................................ 1899
Hatfield, Mark O.; OR................................. 1877
Hatfield, Paul G.; MT................................. 1856
Hathaway, William D.; ME.............................. 1842
Haun, Henry P.; CA.................................... 1813
Hawes, Harry B.; MO................................... 1854
Hawkes, Albert W.; NJ................................. 1864
Hawkins, Benjamin; NC................................. 1870
Hawkins, Paula; FL.................................... 1822
Hawley, Joseph R.; CT................................. 1817
Hayakawa, S.I.; CA.................................... 1813
Hayden, Carl; AZ...................................... 1810
Hayne, Arthur P.; SC.................................. 1883
Hayne, Robert Y.; SC.................................. 1883
Hayward, Monroe L.; NE................................ 1857
Haywood, William H.; NC............................... 1870
Hearst, George; CA.................................... 1813
Hebert, Felix; RI..................................... 1881
Hecht, Chic; NV....................................... 1859
Heflin, Howell; AL.................................... 1805
Heflin, J. Thomas; AL................................. 1805
Heinrich, Martin; NM.................................. 1865
Heinz, H. John, III; PA............................... 1879
Heiskell, John N.; AR................................. 1811
Heitfeld, Henry; ID................................... 1828
Heitkamp, Heidi; ND................................... 1871
Heller, Dean; NV...................................... 1859
Helms, Jesse; NC...................................... 1869
Hemenway, James A.; IN................................ 1832
Hemphill, John; TX.................................... 1890
Henderson, Charles B.; NV............................. 1860
Henderson, J. Pinckney; TX............................ 1889
Henderson, John; MS................................... 1851
Henderson, John B.; MO................................ 1853
Hendricks, Thomas A.; IN.............................. 1831
Hendricks, William; IN................................ 1832
Hendrickson, Robert C.; NJ............................ 1864
Hennings, Thomas C., Jr.; MO.......................... 1854
Henry, John; MD....................................... 1844
Hereford, Frank; WV................................... 1899
Herring, Clyde L.; IA................................. 1833
Heyburn, Weldon B.; ID................................ 1828
Hickenlooper, Bourke B.; IA........................... 1834
Hickey, John Joseph; WY............................... 1904
Hicks, Thomas H.; MD.................................. 1844
Higgins, Anthony; DE.................................. 1820
Hill, Benjamin H.; GA................................. 1823
Hill, David B.; NY.................................... 1868
Hill, Isaac; NH....................................... 1862
Hill, Joshua; GA...................................... 1824
Hill, Lister; AL...................................... 1806
Hill, Nathaniel P.; CO................................ 1816
Hill, William L.; FL.................................. 1822
Hillhouse, James; CT.................................. 1817
Hindman, William; MD.................................. 1844
Hirono, Mazie; HI..................................... 1825
Hiscock, Frank; NY.................................... 1867
Hitchcock, Gilbert M.; NE............................. 1857
Hitchcock, Herbert E.; SD............................. 1886
Hitchcock, Phineas W.; NE............................. 1858
Hoar, George F.; MA................................... 1846
Hobart, John S.; NY................................... 1867
Hoblitzell, John D., Jr.; WV.......................... 1900
Hodges, Kaneaster, Jr.; AR............................ 1811
Hoeven, John; ND...................................... 1872
Hoey, Clyde R.; NC.................................... 1870
Holland, Spessard L.; FL.............................. 1821
Hollings, Ernest F.; SC............................... 1884
Hollis, Henry F.; NH.................................. 1861
Holman, Rufus C.; OR.................................. 1878
Holmes, David; MS..................................... 1851
Holmes, John; ME...................................... 1841
Holt, Rush D., WV..................................... 1899
Hopkins, Albert J.; IL................................ 1830
Horsey, Outerbridge; DE............................... 1819
Houston, Andrew Jackson; TX........................... 1890
Houston, George S.; AL................................ 1806
Houston, Sam; TX...................................... 1890
Howard, Guy V.; MN.................................... 1850
Howard, Jacob M.; MI.................................. 1848
Howard, John E.; MD................................... 1843
Howe, Timothy O.; WI.................................. 1902
Howell, James B.; IA.................................. 1833
Howell, Jeremiah B.; RI............................... 1882
Howell, Robert B.; NE................................. 1857
Howland, Benjamin; RI................................. 1881
Hruska, Roman L.; NE.................................. 1857
Hubbard, Henry; NH.................................... 1861
Huddleston, Walter D.; KY............................. 1837
Huffman, James W.; OH................................. 1873
Huger, Daniel E.; SC.................................. 1883
Hughes, Charles J., Jr.; CO........................... 1816
Hughes, Harold E.; IA................................. 1834
Hughes, James H.; DE.................................. 1820
Hughes, William; NJ................................... 1864
Hull, Cordell; TN..................................... 1888
Humphrey, Gordon J.; NH............................... 1861
Humphrey, Hubert H.; MN...........................1849, 1850
Humphrey, Muriel; MN.................................. 1849
Humphreys, Robert; KY................................. 1837
Hunt, Lester C.; WY................................... 1904
Hunter, John; SC...................................... 1883
Hunter, Richard C.; NE................................ 1857
Hunter, Robert M.T.; VA............................... 1896
Hunter, William; RI................................... 1881
Huntington, Jabez W.; CT.............................. 1817
Hunton, Eppa; VA...................................... 1896
Husting, Paul O.; WI.................................. 1902
Hutchinson, Tim; AR................................... 1811
Hutchison, Kay B.; TX................................. 1889
I
Ingalls, John J.; KS.................................. 1836
Inhofe, James M.; OK.................................. 1875
Inouye, Daniel K.; HI................................. 1826
Irby, John L.M.; SC................................... 1884
Iredell, James; NC.................................... 1870
Isakson, Johnny; GA................................... 1824
Iverson, Alfred; GA................................... 1824
Ives, Irving M.; NY................................... 1867
Izard, Ralph; SC...................................... 1884
J
Jackson, Andrew; TN...............................1887, 1888
Jackson, Henry M.; WA................................. 1897
Jackson, Howell E.; TN................................ 1887
Jackson, James; GA................................1823, 1824
Jackson, Samuel D.; IN................................ 1832
Jackson, William P.; MD............................... 1843
James, Charles T.; RI................................. 1881
James, Ollie M.; KY................................... 1837
Jarnagin, Spencer; TN................................. 1888
Jarvis, Thomas J.; NC................................. 1870
Javits, Jacob K.; NY.................................. 1868
Jeffords, James M.; VT................................ 1893
Jenner, William E.; IN............................1831, 1832
Jenness, Benning W.; NH............................... 1861
Jepsen, Roger W.; IA.................................. 1833
Jewett, Daniel T.; MO................................. 1854
Johanns, Mike; NE..................................... 1858
Johns, Kensey; DE\1\.................................. 1819
\1\Appointed by governor but declared not entitled to
seat.
Johnson, Andrew; TN................................... 1887
Johnson, Charles F.; ME............................... 1841
Johnson, Edwin C.; CO................................. 1815
Johnson, Edwin S.; SD................................. 1886
Johnson, Henry; LA................................1839, 1840
Johnson, Herschel V.; GA.............................. 1824
Johnson, Hiram W.; CA................................. 1813
Johnson, Lyndon B.; TX................................ 1890
Johnson, Magnus; MN................................... 1850
Johnson, Martin N.; ND................................ 1872
Johnson, Reverdy; MD.................................. 1843
Johnson, Richard M.; KY............................... 1837
Johnson, Robert W.; AR................................ 1812
Johnson, Ron; WI...................................... 1902
Johnson, Tim; SD...................................... 1885
Johnson, Waldo P.; MO................................. 1854
Johnson, William S.; CT............................... 1818
Johnston, J. Bennett; LA.............................. 1839
Johnston, John W.; VA................................. 1896
Johnston, Joseph F.; AL............................... 1806
Johnston, Josiah S.; LA............................... 1840
Johnston, Olin D.; SC................................. 1884
Johnston, Rienzi M.; TX............................... 1890
Johnston, Samuel; NC.................................. 1869
Jonas, Benjamin F.; LA................................ 1840
Jones, Andrieus A.; NM................................ 1865
Jones, Charles W.; FL................................. 1821
Jones, George; GA..................................... 1823
Jones, George W.; IA.................................. 1833
Jones, James C.; TN................................... 1887
Jones, James K.; AR................................... 1812
Jones, John P.; NV.................................... 1860
Jones, Wesley L.; WA.................................. 1898
Jordan, B. Everett; NC................................ 1869
Jordan, Len B.; ID.................................... 1827
K
Kaine, Timothy; VA.................................... 1895
Kane, Elias K.; IL.................................... 1830
Karnes, David K.; NE.................................. 1857
Kassebaum, Nancy Landon; KS........................... 1835
Kasten, Robert W., Jr.; WI............................ 1902
Kaufman, Edward; DE................................... 1820
Kavanaugh, William M.; AR............................. 1811
Kean, Hamilton F.; NJ................................. 1863
Kean, John; NJ........................................ 1863
Kearns, Thomas; UT.................................... 1891
Keating, Kenneth B.; NY............................... 1867
Kefauver, Estes; TN................................... 1888
Kellogg, Frank B.; MN................................. 1849
Kellogg, William P.; LA...........................1839, 1840
Kelly, James K.; OR................................... 1877
Kelly, William; AL.................................... 1806
Kem, James P.; MO..................................... 1853
Kempthorne, Dirk; ID.................................. 1828
Kendrick, John B.; WY................................. 1903
Kenna, John E.; WV.................................... 1900
Kennedy, Anthony; MD.................................. 1843
Kennedy, Edward M.; MA................................ 1845
Kennedy, John F.; MA.................................. 1845
Kennedy, Robert F.; NY................................ 1867
Kenney, Richard R.; DE................................ 1820
Kent, Joseph; MD...................................... 1843
Kenyon, William S.; IA................................ 1833
Kern, John W.; IN..................................... 1831
Kernan, Francis; NY................................... 1867
Kerr, John L.; MD..................................... 1844
Kerr, Joseph; OH...................................... 1873
Kerr, Robert S.; OK................................... 1875
Kerrey, J. Robert; NE................................. 1857
Kerry, John F.; MA.................................... 1846
Key, David M.; TN..................................... 1887
Keyes, Henry W.; NH................................... 1861
Kilgore, Harley M.; WV................................ 1899
King, Angus; ME....................................... 1841
King, John P.; GA..................................... 1823
King, Preston; NY..................................... 1867
King, Rufus; NY....................................... 1868
King, William H.; UT.................................. 1891
King, William R.; AL..............................1805, 1806
Kirby, William F.; AR................................. 1812
Kirk, Mark; IL........................................ 1830
Kirk, Paul G.; MA..................................... 1845
Kirkwood, Samuel J.; IA...........................1833, 1834
Kitchell, Aaron; NJ................................... 1864
Kittredge, Alfred B.; SD.............................. 1886
Klobuchar, Amy; MN.................................... 1849
Knight, Nehemiah R.; RI............................... 1882
Knowland, William F.; CA.............................. 1813
Knox, Philander C.; PA................................ 1879
Kohl, Herbert; WI..................................... 1901
Krueger, Bob; TX...................................... 1889
Kuchel, Thomas H.; CA................................. 1814
Kyl, Jon; AZ.......................................... 1809
Kyle, James H.; SD.................................... 1886
L
Lacock, Abner; PA..................................... 1880
Ladd, Edwin F.; ND.................................... 1872
LaFollette, Robert M.; WI............................. 1901
LaFollette, Robert M., Jr.; WI........................ 1901
Laird, William R., III; WV............................ 1899
Lamar, Lucius Q.C.; MS................................ 1852
Lambert, John; NJ..................................... 1863
Landrieu, Mary L.; LA................................. 1839
Lane, Harry; OR....................................... 1877
Lane, Henry S.; IN.................................... 1832
Lane, James H.; KS.................................... 1835
Lane, Joseph; OR...................................... 1878
Langdon, John; NH..................................... 1862
Langer, William; ND................................... 1871
Lanman, James; CT..................................... 1818
Lapham, Elbridge G.; NY............................... 1868
Larrazolo, Octaviano A.; NM........................... 1865
Latham, Milton S.; CA................................. 1813
Latimer, Asbury C.; SC................................ 1884
Latimer, Henry; DE.................................... 1819
Laurance, John; NY.................................... 1868
Lausche, Frank J.; OH................................. 1874
Lautenberg, Frank R.; NJ..........................1863, 1864
Laxalt, Paul; NV...................................... 1860
Lea, Luke; TN......................................... 1887
Leahy, Edward L.; RI.................................. 1881
Leahy, Patrick J.; VT................................. 1894
Leake, Walter; MS..................................... 1851
Lee, Blair; MD........................................ 1843
Lee, Josh; OK......................................... 1875
Lee, Mike; UT......................................... 1892
Lee, Richard H.; VA................................... 1896
Lehman, Herbert H.; NY................................ 1868
Leib, Michael; PA..................................... 1879
Leigh, Benjamin W.; VA................................ 1896
LeMieux, George; FL................................... 1822
Lennon, Alton A.; NC.................................. 1869
Lenroot, Irvine L.; WI................................ 1902
Levin, Carl; MI....................................... 1848
Lewis, Dixon H.; AL................................... 1805
Lewis, James Hamilton; IL............................. 1829
Lewis, John F.; VA.................................... 1895
Lieberman, Joseph I.; CT.............................. 1817
Lincoln, Blanche L.; AR............................... 1812
Lindsay, William; KY.................................. 1837
Linn, Lewis F.; MO.................................... 1854
Lippitt, Henry F.; RI................................. 1881
Livermore, Samuel; NH................................. 1861
Livingston, Edward; LA................................ 1839
Lloyd, Edward; MD..................................... 1844
Lloyd, James; MD...................................... 1844
Lloyd, James; MA..................................1845, 1846
Locher, Cyrus; OH..................................... 1874
Locke, Francis; NC.................................... 1870
Lodge, Henry Cabot; MA................................ 1845
Lodge, Henry Cabot, Jr.; MA.......................1845, 1846
Loftin, Scott M.; FL.................................. 1821
Logan, George; PA..................................... 1880
Logan, John A.; IL................................1829, 1830
Logan, Marvel M.; KY.................................. 1837
Logan, William; KY.................................... 1838
Lonergan, Augustine; CT............................... 1818
Long, Chester I.; KS.................................. 1836
Long, Edward V.; MO................................... 1854
Long, Huey P.; LA..................................... 1839
Long, Oren E.; HI..................................... 1826
Long, Rose McConnell; LA.............................. 1839
Long, Russell B.; LA.................................. 1840
Lorimer, William; IL.................................. 1830
Lott, Trent; MS....................................... 1851
Lowrie, Walter; PA.................................... 1880
Lucas, Scott W.; IL................................... 1830
Lugar, Richard G.; IN................................. 1831
Lumpkin, Alva M.; SC.................................. 1883
Lumpkin, Wilson; GA................................... 1823
Lundeen, Ernest; MN................................... 1850
Lusk, Hall S.; OR..................................... 1877
Lyon, Lucius; MI...................................... 1847
M
Machen, Willis B.; KY................................. 1838
Mack, Connie; FL...................................... 1821
Maclay, Samuel; PA.................................... 1879
Maclay, William; PA................................... 1879
Macon, Nathaniel; NC.................................. 1870
Magnuson, Warren G.; WA............................... 1898
Magruder, Allan B.; LA................................ 1840
Mahone, William; VA................................... 1895
Malbone, Francis; RI.................................. 1881
Mallory, Stephen R.; FL............................... 1821
Mallory, Stephen R.; FL............................... 1822
Malone, George W.; NV................................. 1859
Maloney, Francis; CT.................................. 1817
Manchin, Joe; WV...................................... 1899
Manderson, Charles F.; NE............................. 1858
Mangum, Willie P.; NC.............................1869, 1870
Mansfield, Mike; MT................................... 1855
Mantle, Lee; MT....................................... 1855
Marcy, William L.; NY................................. 1868
Markey, Edward; MA.................................... 1846
Marks, William; PA.................................... 1880
Marshall, Humphrey; KY................................ 1838
Marston, Gilman; NH................................... 1861
Martin, Alexander; NC................................. 1869
Martin, Edward; PA.................................... 1879
Martin, George B.; KY................................. 1837
Martin, John; KS...................................... 1835
Martin, Thomas E.; IA................................. 1833
Martin, Thomas S.; VA................................. 1896
Martine, James E.; NJ................................. 1863
Martinez, Mel; FL..................................... 1822
Mason, Armistead T.; VA............................... 1896
Mason, James M.; VA................................... 1895
Mason, Jeremiah; NH................................... 1862
Mason, Jonathan; MA................................... 1845
Mason, Stevens T.; VA................................. 1895
Mason, William E.; IL................................. 1830
Massey, William A.; NV................................ 1859
Mathews, Harlan; TN................................... 1888
Mathewson, Elisha; RI................................. 1882
Mathias, Charles McC., Jr.; MD........................ 1844
Matsunaga, Spark M.; HI............................... 1825
Matthews, Stanley; OH................................. 1874
Mattingly, Mack; GA................................... 1824
Maxey, Samuel B.; TX.................................. 1889
Maybank, Burnet R.; SC................................ 1883
Mayfield, Earle B.; TX................................ 1889
McAdoo, William Gibbs; CA............................. 1814
McBride, George W.; OR................................ 1877
McCain, John S., III; AZ.............................. 1810
McCarran, Patrick A.; NV.............................. 1860
McCarthy, Eugene J.; MI............................... 1849
McCarthy, Joseph R.; WI............................... 1901
McClellan, John L.; AR................................ 1811
McCaskill, Claire; MO................................. 1853
McClure, James A.; ID................................. 1827
McComas, Louis E.; MD................................. 1843
McConnell, Mitch; KY.................................. 1837
McConnell, William J.; ID............................. 1828
McCormick, Medill; IL................................. 1829
McCreary, James B.; KY................................ 1838
McCreery, Thomas C.; KY...........................1837, 1838
McCulloch, Roscoe C.; OH.............................. 1874
McCumber, Porter J.; ND............................... 1871
McDill, James W.; IA.................................. 1833
McDonald, Alexander; AR............................... 1811
McDonald, Joseph E.; IN............................... 1831
McDougall, James A.; CA............................... 1814
McDuffie, George; SC.................................. 1884
McEnery, Samuel D.; LA................................ 1840
McFarland, Ernest W.; AZ.............................. 1809
McGee, Gale W.; WY.................................... 1903
McGill, George; KS.................................... 1836
McGovern, George; SD.................................. 1886
McGrath, J. Howard; RI................................ 1881
McIlvaine, Joseph; NJ................................. 1863
McIntyre, Thomas J.; NH............................... 1861
McKean, Samuel; PA.................................... 1879
McKellar, Kenneth D.; TN.............................. 1887
McKinley, John; AL.................................... 1806
McKinley, William B.; IL.............................. 1830
McLane, Louis; DE..................................... 1819
McLaurin, Anselm J.; MS............................... 1852
McLaurin, John L.; SC................................. 1884
McLean, George P.; CT................................. 1817
McLean, John; IL..................................1829, 1830
McMahon, Brien; CT.................................... 1818
McMaster, William H.; SD.............................. 1885
McMillan, James; MI................................... 1848
McMillan, Samuel J.R.; MN............................. 1849
McNamara, Patrick V.; MI.............................. 1848
McNary, Charles L.; OR................................ 1877
McPherson, John R.; NJ................................ 1864
McRae, John J.; MS.................................... 1851
McRoberts, Samuel; IL................................. 1829
Mead, James M.; NY.................................... 1867
Means, Rice W.; CO.................................... 1816
Mechem, E.L.; NM...................................... 1865
Meigs, Return J., Jr.; OH............................. 1873
Melcher, John; MT..................................... 1855
Mellen, Prentiss; MA.................................. 1845
Menendez, Robert; NJ.................................. 1863
Meriwether, David; KY................................. 1838
Merkley, Jeff; OR..................................... 1877
Merrick, William D.; MD............................... 1843
Merrimon, Augustus S.; NC............................. 1870
Metcalf, Jesse H.; RI................................. 1882
Metcalf, Lee; MT...................................... 1856
Metcalfe, Thomas; KY.................................. 1838
Metzenbaum, Howard M.; OH.........................1873, 1874
Mikulski, Barbara A.; MD.............................. 1844
Millard, Joseph H.; NE................................ 1858
Milledge, John; GA.................................... 1824
Miller, Bert H.; ID................................... 1827
Miller, Homer V.M.; GA................................ 1823
Miller, Jack; IA...................................... 1833
Miller, Jacob W.; NJ.................................. 1864
Miller, John E.; AR................................... 1811
Miller, John F.; CA................................... 1813
Miller, Stephen D.; SC................................ 1884
Miller, Warner; NY.................................... 1867
Miller, Zell B.; GA................................... 1824
Millikin, Eugene D.; CO............................... 1816
Mills, Elijah H.; MA.................................. 1845
Mills, Roger Q.; TX................................... 1889
Milton, John; NJ...................................... 1863
Milton, William H.; FL................................ 1822
Minton, Sherman; IN................................... 1831
Mitchel, Charles B.; AR............................... 1812
Mitchell, George J.; ME............................... 1841
Mitchell, Hugh B.; WA................................. 1897
Mitchell, John H.;
OR............................................1877, 1878
Mitchell, John I.; PA................................. 1879
Mitchell, John L.; WI................................. 1901
Mitchell, Stephen M.; CT.............................. 1818
Mitchill, Samuel L.; NY............................... 1867
Mondale, Walter F.; MN................................ 1850
Money, Hernando D.; MS................................ 1851
Monroe, James; VA..................................... 1895
Monroney, A.S. Mike; OK............................... 1876
Montoya, Joseph M.; NM................................ 1865
Moody, Blair; MI...................................... 1847
Moody, Gideon C.; SD.................................. 1885
Moor, Wyman B.S.; ME.................................. 1841
Moore, A. Harry; NJ................................... 1863
Moore, Andrew; VA.................................1895, 1896
Moore, Edward H.; OK.................................. 1875
Moore, Gabriel; AL.................................... 1806
Moran, Jerry; KS...................................... 1836
Morehead, James T.; KY................................ 1837
Morgan, Edwin D.; NY.................................. 1867
Morgan, John T.; AL................................... 1805
Morgan, Robert; NC.................................... 1870
Morrill, David L.; NH................................. 1861
Morrill, Justin S.; VT................................ 1894
Morrill, Lot Myrick; ME...........................1841, 1842
Morris, Gouverneur; NY................................ 1867
Morris, Robert; PA.................................... 1880
Morris, Thomas; OH.................................... 1873
Morrison, Cameron; NC................................. 1870
Morrow, Dwight W.; NJ................................. 1864
Morrow, Jeremiah; OH.................................. 1874
Morse, Wayne L.; OR................................... 1878
Morton, Jackson; FL................................... 1822
Morton, Oliver H.P.T.; IN............................. 1832
Morton, Thruston B.; KY............................... 1838
Moseley-Braun, Carol; IL.............................. 1830
Moses, George H.; NH.................................. 1862
Moses, John; ND....................................... 1872
Moss, Frank E.; UT.................................... 1891
Mouton, Alexander; LA................................. 1840
Moynihan, Daniel P.; NY............................... 1867
Muhlenberg, John P.G.; PA............................. 1880
Mulkey, Frederick W.; OR.............................. 1877
Mundt, Karl E.; SD.................................... 1885
Murdock, Abe; UT...................................... 1891
Murkowski, Frank H.; AK............................... 1808
Murkowski, Lisa; AK................................... 1808
Murphy, Christopher; CT............................... 1818
Murphy, Edward, Jr.; NY............................... 1867
Murphy, George; CA.................................... 1813
Murphy, Maurice J., Jr; NH............................ 1861
Murphy, Richard Louis; IA............................. 1834
Murray, James E.; MT.................................. 1856
Murray, Patty; WA..................................... 1898
Muskie, Edmund S.; ME................................. 1841
Myers, Francis J.; PA................................. 1880
Myers, Henry L.; MT................................... 1855
N
Naudain, Arnold; DE................................... 1819
Neely, Matthew M.; WV.............................1899, 1900
Nelson, Arthur E.; MN................................. 1850
Nelson, Ben; NE....................................... 1857
Nelson, Bill; FL...................................... 1821
Nelson, Gaylord; WI................................... 1902
Nelson, Knute; MN..................................... 1850
Nesmith, James W.; OR................................. 1878
Neuberger, Maurine B.; OR............................. 1877
Neuberger, Richard L.; OR............................. 1877
New, Harry S.; IN..................................... 1831
Newberry, Truman H.; MI............................... 1848
Newlands, Francis G.; NV.............................. 1860
Nicholas, Robert C.; LA............................... 1839
Nicholas, Wilson C.; VA............................... 1896
Nicholson, Alfred O.P.; TN........................1887, 1888
Nicholson, Samuel D.; CO.............................. 1816
Nickles, Don; OK...................................... 1876
Niles, John M.; CT................................1817, 1818
Nixon, George S.; NV.................................. 1859
Nixon, Richard M.; CA................................. 1814
Noble, James; IN...................................... 1831
Norbeck, Peter; SD.................................... 1886
Norris, George W.; NE................................. 1858
Norris, Moses, Jr.; NH................................ 1862
North, William; NY.................................... 1867
Norton, Daniel S.; MN................................. 1850
Norvell, John; MI..................................... 1848
Norwood, Thomas M.; GA................................ 1823
Nourse, Amos; ME...................................... 1841
Nugent, John F.; ID................................... 1828
Nunn, Sam; GA......................................... 1823
Nye, Gerald P.; ND.................................... 1872
Nye, James W.; NV..................................... 1860
O
Obama, Barack; IL..................................... 1830
O'Conor, Herbert R.; MD............................... 1843
O'Daniel, W. Lee; TX.................................. 1890
Oddie, Tasker L.; NV.................................. 1860
Ogden, Aaron; NJ...................................... 1863
Oglesby, Richard J.; IL............................... 1830
O'Gorman, James A.; NY................................ 1867
Olcott, Simeon; NH.................................... 1861
Oliver, George T.; PA................................. 1879
O'Mahoney, Joseph C.; WY..........................1903, 1904
Osborn, Thomas W.; FL................................. 1822
Otis, Harrison G.; MA................................. 1846
Overman, Lee S.; NC................................... 1870
Overton, John H.; LA.................................. 1840
Owen, Robert L.; OK................................... 1875
P
Packwood, Robert W.; OR............................... 1878
Paddock, Algernon S.; NE.............................. 1857
Page, Carroll S.; VT.................................. 1893
Page, John; NH........................................ 1862
Paine, Elijah; VT..................................... 1894
Palmer, John M.; IL................................... 1830
Palmer, Thomas W.; MI................................. 1848
Palmer, William A.; VT................................ 1894
Parker, Nahum; NH..................................... 1862
Parker, Richard E.; VA................................ 1896
Parris, Albion K.; ME................................. 1841
Parrott, John F.; NH.................................. 1862
Partridge, Frank C.; VT............................... 1893
Pasco, Samuel; FL..................................... 1821
Pastore, John O.; RI.................................. 1881
Paterson, William; NJ................................. 1864
Patterson, David T.; TN............................... 1887
Patterson, James W.; NH............................... 1862
Patterson, John J.; SC................................ 1884
Patterson, Roscoe C.; MO.............................. 1853
Patterson, Thomas M.; CO.............................. 1815
Patton, John, Jr.; MI................................. 1847
Paul, Rand; KY........................................ 1838
Payne, Frederick G.; ME............................... 1841
Payne, Henry B.; OH................................... 1874
Paynter, Thomas H.; KY................................ 1837
Peace, Roger C.; SC................................... 1883
Pearce, James A.; MD.................................. 1844
Pearson, James B.; KS................................. 1835
Pease, Henry R.; MS................................... 1851
Peffer, William A.; KS................................ 1836
Pell, Claiborne; RI................................... 1882
Pendleton, George H.; OH.............................. 1874
Pennybacker, Isaac S.; VA............................. 1895
Penrose, Boies; PA.................................... 1880
Pepper, Claude; FL.................................... 1822
Pepper, George W.; PA................................. 1880
Percy, Charles H.; IL................................. 1829
Percy, LeRoy; MS...................................... 1852
Perkins, Bishop W.; KS................................ 1835
Perkins, George C.; CA................................ 1814
Perky, Kirtland I.; ID................................ 1828
Pettigrew, Richard F.; SD............................. 1885
Pettit, John; IN...................................... 1832
Pettus, Edmund W.; AL................................. 1806
Phelan, James D.; CA.................................. 1814
Phelps, Samuel S.;
VT............................................1893, 1894
Phipps, Lawrence C.; CO............................... 1815
Pickens, Israel; AL................................... 1806
Pickering, Timothy; MA................................ 1846
Pierce, Franklin; NH.................................. 1862
Pierce, Gilbert A.; ND................................ 1872
Pike, Austin F.; NH................................... 1861
Piles, Samuel H.; WA.................................. 1897
Pinckney, Charles; SC................................. 1883
Pine, William B.; OK.................................. 1875
Pinkney, William; MD.................................. 1843
Pittman, Key; NV...................................... 1859
Platt, Orville H.; CT................................. 1818
Platt, Thomas C.;
NY............................................1867, 1868
Pleasants, James; VA.................................. 1896
Plumb, Preston B.; KS................................. 1835
Plumer, William; NH................................... 1862
Poindexter, George; MS................................ 1852
Poindexter, Miles; WA................................. 1897
Poland, Luke P.; VT................................... 1894
Polk, Trusten; MO..................................... 1853
Pollock, William P.; SC............................... 1883
Pomerene, Atlee; OH................................... 1873
Pomeroy, Samuel C.; KS................................ 1836
Pool, John; NC........................................ 1870
Pope, James P.; ID.................................... 1828
Pope, John; KY........................................ 1838
Porter, Alexander; LA................................. 1840
Porter, Augustus S.; MI............................... 1847
Portman, Robert; OH................................... 1874
Posey, Thomas; LA..................................... 1839
Potter, Charles E.; MI................................ 1847
Potter, Samuel J.; RI................................. 1881
Potts, Richard; MD.................................... 1843
Powell, Lazarus W.; KY................................ 1837
Power, Thomas C.; MT.................................. 1856
Pratt, Daniel D.; IN.................................. 1831
Pratt, Thomas G.; MD.................................. 1843
Prentiss, Samuel; VT.................................. 1894
Pressler, Larry; SD................................... 1885
Preston, William C.; SC............................... 1884
Price, Samuel; WV..................................... 1899
Prince, Oliver H.; GA................................. 1823
Pritchard, Jeter C.; NC............................... 1870
Proctor, Redfield; VT................................. 1893
Prouty, Winston L.; VT................................ 1893
Proxmire, William; WI................................. 1901
Pryor, David H.; AR................................... 1811
Pryor, Luke; AL....................................... 1806
Pryor, Mark; AR....................................... 1811
Pugh, George E.; OH................................... 1874
Pugh, James L.; AL.................................... 1806
Purcell, William E.; ND............................... 1872
Purtell, William A.;
CT............................................1817, 1818
Pyle, Miss Gladys; SD................................. 1886
Q
Quarles, Joseph V.; WI................................ 1901
Quay, Matthew S.; PA.................................. 1879
Quayle, Dan; IN....................................... 1832
R
Radcliffe, George L.; MD.............................. 1843
Ralston, Samuel M.; IN................................ 1831
Ramsey, Alexander; MN................................. 1849
Randolph, Jennings; WV................................ 1900
Randolph, John; VA.................................... 1895
Randolph, Theodore F.; NJ............................. 1863
Ransdell, Joseph E.; LA............................... 1839
Ransom, Matt W.; NC................................... 1869
Rantoul, Robert; MA................................... 1845
Rawlins, Joseph L.; UT................................ 1892
Rawson, Charles A.; IA................................ 1833
Rayner, Isidor; MD.................................... 1843
Read, George; DE...................................... 1819
Read, Jacob; SC....................................... 1884
Reagan, John H.; TX................................... 1889
Reames, Alfred E.; OR................................. 1878
Reed, Clyde M.; KS.................................... 1836
Reed, David A.; PA.................................... 1879
Reed, Jack; RI........................................ 1882
Reed, James A.; MO.................................... 1853
Reed, Philip; MD...................................... 1844
Reed, Thomas B.; MS...............................1851, 1852
Reid, David S.; NC.................................... 1869
Reid, Harry M.; NV.................................... 1860
Revels, Hiram R.; MS.................................. 1852
Revercomb, Chapman; WV............................1899, 1900
Reynolds, Robert R.; NC............................... 1870
Reynolds, Sam W.; NE.................................. 1857
Rhett, R. Barnwell; SC................................ 1883
Ribicoff, Abraham A.; CT.............................. 1818
Rice, Benjamin F.; AR................................. 1812
Rice, Henry M.; MN.................................... 1849
Richardson, Harry A.; DE.............................. 1820
Richardson, William A.; IL............................ 1829
Riddle, George Read; DE............................... 1819
Riddleberger, Harrison H.; VA......................... 1896
Ridgely, Henry M.; DE................................. 1820
Riegle, Donald W., Jr., MI............................ 1847
Risch, James; ID...................................... 1827
Rives, William C.;
VA............................................1895, 1896
Roach, William N.; ND................................. 1871
Roane, William H.; VA................................. 1896
Robb, Charles S.; VA.................................. 1895
Robbins, Asher; RI.................................... 1881
Roberts, Jonathan; PA................................. 1879
Roberts, Pat; KS...................................... 1835
Robertson, A. Willis; VA.............................. 1896
Robertson, Edward V.; WY.............................. 1904
Robertson, Thomas J.; SC.............................. 1883
Robinson, Arthur R.; IN............................... 1831
Robinson, John M.; IL................................. 1829
Robinson, Jonathan; VT................................ 1893
Robinson, Joseph T.; AR............................... 1811
Robinson, Moses; VT................................... 1893
Robsion, John M.; KY.................................. 1837
Rockefeller, John D., IV;
WV..................................................1900
Rockwell, Julius; MA.................................. 1846
Rodney, Caesar A.; DE................................. 1819
Rodney, Daniel; DE.................................... 1820
Rollins, Edward H.; NH................................ 1861
Root, Elihu; NY....................................... 1868
Rosier, Joseph; WV.................................... 1900
Ross, Edmund G.; KS................................... 1835
Ross, James; PA....................................... 1879
Ross, Jonathan; VT.................................... 1894
Roth, William V., Jr.; DE............................. 1819
Rowan, John; KY....................................... 1838
Rubio, Marco; FL...................................... 1822
Rudman, Warren; NH.................................... 1862
Ruggles, Benjamin; OH................................. 1873
Ruggles, John; ME..................................... 1842
Rusk, Thomas J.; TX................................... 1889
Russell, Donald; SC................................... 1884
Russell, Richard B.; GA............................... 1823
Rutherfurd, John; NJ.................................. 1863
S
Sabin, Dwight M.; MN.................................. 1850
Sackett, Fred M.; KY.................................. 1837
Salazar, Ken; CO...................................... 1816
Salinger, Pierre; CA.................................. 1813
Saltonstall, Leverett; MA............................. 1846
Sanders, Bernard; VT.................................. 1893
Sanders, Newell; TN................................... 1888
Sanders, Wilbur F.; MT................................ 1855
Sanford, Nathan;
NY............................................1867, 1868
Sanford, Terry; NC.................................... 1870
Santorum, Rick; PA.................................... 1879
Sarbanes, Paul S., MD................................. 1843
Sargent, Aaron A.; CA................................. 1814
Sasser, James R.; TN.................................. 1887
Saulsbury, Eli; DE.................................... 1820
Saulsbury, Willard, Jr.; DE........................... 1820
Saulsbury, Willard, Sr.; DE........................... 1820
Saunders, Alvin; NE................................... 1858
Sawyer, Frederick A.; SC.............................. 1884
Sawyer, Philetus; WI.................................. 1901
Saxbe, William B.; OH................................. 1874
Schall, Thomas D.; MI................................. 1850
Schatz, Brian; HI..................................... 1826
Schmitt, Harrison H.; NM.............................. 1865
Schoeppel, Andrew F.; KS.............................. 1835
Schumer, Charles E.; NY............................... 1868
Schureman, James; NJ.................................. 1863
Schurz, Carl; MO...................................... 1853
Schuyler, Karl C.; CO................................. 1816
Schuyler, Philip; NY.................................. 1867
Schwartz, H.H.; WY.................................... 1904
Schweiker, Richard S.; PA............................. 1880
Schwellenbach, Lewis B.;
WA..................................................1897
Scott, Hugh; PA....................................... 1879
Scott, John; PA....................................... 1879
Scott, Nathan B.; WV.................................. 1899
Scott, Tim; SC........................................ 1884
Scott, W. Kerr; NC.................................... 1869
Scott, William L.; VA................................. 1896
Scrugham, James G.; NV................................ 1859
Seaton, Fred A.; NE................................... 1858
Sebastian, William K.; AR............................. 1811
Sedgwick, Theodore; MA................................ 1846
Semple, James; IL..................................... 1829
Sessions, Jeff; AL.................................... 1805
Sevier, Ambrose H.; AR................................ 1812
Seward, William H.; NY................................ 1868
Sewell, William J.;
NJ............................................1863, 1864
Seymour, Horatio; VT.................................. 1893
Seymour, John; CA..................................... 1813
Shafroth, John F.; CO................................. 1815
Shaheen, Jeanne; NH................................... 1861
Sharon, William; NV................................... 1859
Sheafe, James; NH..................................... 1862
Sheffield, William P.; RI............................. 1882
Shelby, Richard C.; AL................................ 1806
Shepley, Ether; ME.................................... 1841
Sheppard, Morris; TX.................................. 1890
Sherman, John; OH.................................1873, 1874
Sherman, Lawrence Y.; IL.............................. 1830
Sherman, Roger; CT.................................... 1818
Shields, James; IL.................................... 1830
MN............................
1850
MO............................
1854
Shields, John K.; TN.................................. 1888
Shipstead, Henrik; MN................................. 1849
Shively, Benjamin F.; IN.............................. 1832
Shortridge, Samuel M.; CA............................. 1814
Shott, Hugh Ike; WV................................... 1900
Shoup, George Laird; ID............................... 1827
Silsbee, Nathaniel; MA................................ 1846
Simmons, Furnifold M.; NC............................. 1869
Simmons, James F.; RI.............................1881, 1882
Simon, Joseph; OR..................................... 1878
Simon, Paul; IL....................................... 1829
Simpson, Alan K.; WY.................................. 1904
Simpson, Milward L.; WY............................... 1904
Slater, James H.; OR.................................. 1878
Slattery, James M.; IL................................ 1829
Slidell, John; LA..................................... 1840
Smathers, George A.; FL............................... 1822
Smathers, William H.; NJ.............................. 1864
Smith, Benjamin A., II; MA............................ 1845
Smith, Bob; NH........................................ 1861
Smith, Daniel; TN.................................1887, 1888
Smith, Delazon; OR.................................... 1877
Smith, Ellison D.; SC................................. 1884
Smith, Frank L.; IL................................... 1830
Smith, Gordon H.; OR.................................. 1877
Smith, H. Alexander; NJ............................... 1863
Smith, Hoke; GA....................................... 1824
Smith, Israel; VT..................................... 1893
Smith, James, Jr.; NJ................................. 1863
Smith, John; NY....................................... 1868
Smith, John; OH....................................... 1873
Smith, John W.; MD.................................... 1844
Smith, Marcus A.; AZ.................................. 1810
Smith, Margaret Chase; ME............................. 1842
Smith, Nathan; CT..................................... 1817
Smith, Oliver H.; IN.................................. 1832
Smith, Perry; CT...................................... 1818
Smith, Ralph Tyler; IL................................ 1830
Smith, Samuel; MD..................................... 1843
Smith, Truman; CT..................................... 1818
Smith, William; SC................................1883, 1884
Smith, William A.; MI................................. 1848
Smith, Willis; NC..................................... 1869
Smoot, Reed; UT....................................... 1892
Snowe, Olympia J.; ME................................. 1841
Soule, Pierre; LA.................................1839, 1840
Southard, Samuel L.; NJ............................... 1863
Sparkman, John; AL.................................... 1805
Specter, Arlen; PA.................................... 1880
Speight, Jesse; MS.................................... 1851
Spence, John S.; MD................................... 1844
Spencer, George E.; AL................................ 1806
Spencer, Lloyd; AR.................................... 1811
Spencer, Selden P.; MO................................ 1854
Spong, William B., Jr.; VA............................ 1896
Spooner, John C.; WI.................................. 1902
Sprague, Peleg; ME.................................... 1842
Sprague, William; RI.................................. 1881
Sprague, William; RI\1\............................... 1881
\1\Nephew of the preceding.
Spruance, Presley; DE................................. 1820
Squire, Watson C.; WA................................. 1898
Stabenow, Debbie; MI.................................. 1847
Stafford, Robert T.; VT............................... 1893
Stanfield, Robert N.; OR.............................. 1878
Stanfill, William A.; KY.............................. 1837
Stanford, Leland; CA.................................. 1814
Stanley, A. Owsley; KY................................ 1837
Stanton, Joseph, Jr.; RI.............................. 1882
Stark, Benjamin; OR................................... 1877
Stearns, Ozora P.; MN................................. 1850
Steck, Daniel F.; IA.................................. 1833
Steiwer, Frederick; OR................................ 1878
Stennis, John C.; MS.................................. 1851
Stephens, Hubert D.; MS............................... 1851
Stephenson, Isaac; WI................................. 1902
Sterling, Thomas; SD.................................. 1885
Stevens, Ted; AK...................................... 1807
Stevenson, Adlai E., III; IL.......................... 1830
Stevenson, John W.; KY................................ 1837
Stewart, David; MD.................................... 1843
Stewart, David W.; IA................................. 1834
Stewart, Donald W.; AL................................ 1806
Stewart, John W.; VT.................................. 1893
Stewart, Tom; TN...................................... 1888
Stewart, William M.; NV............................... 1859
Stockbridge, Francis B.; MI........................... 1847
Stockton, John P.;
NJ............................................1863, 1864
Stockton, Richard; NJ................................. 1864
Stockton, Robert F.; NJ............................... 1863
Stokes, Montfort; NC.................................. 1869
Stone, David; NC...................................... 1870
Stone, Richard (Dick); FL............................. 1822
Stone, William J.; MO................................. 1854
Storer, Clement; NH................................... 1862
Storke, Thomas M.; CA................................. 1814
Strange, Robert; NC................................... 1870
Strong, Caleb; MA..................................... 1846
Stuart, Charles E.; MI................................ 1848
Sturgeon, Daniel; PA.................................. 1879
Sullivan, Patrick J.; WY.............................. 1904
Sullivan, William V.; MS.............................. 1852
Sumner, Charles; MA................................... 1845
Sumter, Thomas; SC.................................... 1883
Sununu, John E.; NH................................... 1861
Sutherland, George; UT................................ 1891
Sutherland, Howard; WV................................ 1899
Swanson, Claude A.; VA................................ 1895
Swift, Benjamin; VT................................... 1893
Swift, George R.; AL.................................. 1805
Symington, Stuart; MO................................. 1853
Symms, Steven D.; ID.................................. 1828
T
Tabor, Horace A.W.; CO................................ 1815
Taft, Kingsley A.; OH................................. 1873
Taft, Robert A.; OH................................... 1874
Taft, Robert, Jr.; OH................................. 1873
Taggart, Thomas; IN................................... 1832
Tait, Charles; GA..................................... 1824
Talbot, Isham; KY..................................... 1838
Talent, Jim; MO....................................... 1853
Taliaferro, James P.; FL.............................. 1821
Tallmadge, Nathaniel P.; NY........................... 1867
Talmadge, Herman E.; GA............................... 1824
Tappan, Benjamin; OH.................................. 1873
Tatnal, Josiah; GA.................................... 1823
Taylor, Glen H.; ID................................... 1828
Taylor, John; SC...................................... 1883
Taylor, John; VA..................................1895, 1896
Taylor, Robert L.; TN................................. 1888
Taylor, Waller; IN.................................... 1832
Tazewell, Henry; VA................................... 1896
Tazewell, Littleton W.; VA............................ 1896
Teller, Henry M.; CO..............................1815, 1816
Ten Eyck, John C.; NJ................................. 1864
Terrell, Joseph M.; GA................................ 1824
Tester, Jon; MT....................................... 1855
Thayer, John M.; NE................................... 1858
Thomas, Charles S.; CO................................ 1816
Thomas, Craig; WY..................................... 1903
Thomas, Elbert D.; UT................................. 1892
Thomas, Elmer; OK..................................... 1876
Thomas, Jesse B.; IL.................................. 1829
Thomas, John; ID..................................1827, 1828
Thompson, Fountain L.; ND............................. 1872
Thompson, Fred; TN.................................... 1888
Thompson, John B.; KY................................. 1837
Thompson, Thomas W.; NH............................... 1861
Thompson, William H.; KS.............................. 1835
Thompson, William H.; NE.............................. 1857
Thomson, John R.; NJ.................................. 1863
Thornton, John R.; LA................................. 1840
Thruston, Buckner; KY................................. 1837
Thune, John; SD....................................... 1886
Thurman, Allen G.; OH................................. 1873
Thurmond, Strom; SC................................... 1883
Thurston, John M.; NE................................. 1858
Thye, Edward J.; MN................................... 1849
Tichenor, Isaac; VT................................... 1893
Tiffin, Edward; OH.................................... 1874
Tillman, Benjamin R.; SC.............................. 1883
Tipton, John; IN...................................... 1831
Tipton, Thomas W.; NE................................. 1857
Tobey, Charles W.; NH................................. 1862
Tomlinson, Gideon; CT................................. 1818
Toombs, Robert; GA.................................... 1823
Toomey, Patrick; PA................................... 1880
Torricelli, Robert G.; NJ............................. 1864
Toucey, Isaac; CT..................................... 1817
Tower, John G.; TX.................................... 1890
Towne, Charles A.; MN................................. 1849
Townsend, Charles E.; MI.............................. 1847
Townsend, John G., Jr.; DE............................ 1819
Tracy, Uriah; CT...................................... 1818
Trammell, Park; FL.................................... 1821
Trible, Paul S., Jr.; VA.............................. 1895
Trimble, William A.; OH............................... 1874
Trotter, James F.; MS................................. 1851
Troup, George M.; GA.................................. 1823
Truman, Harry S.; MO.................................. 1853
Trumbull, Jonathan, CT................................ 1818
Trumbull, Lyman; IL................................... 1830
Tsongas, Paul; MA..................................... 1846
Tunnell, James M.; DE................................. 1819
Tunney, John V.; CA................................... 1813
Turley, Thomas B.; TN................................. 1888
Turner, George; WA.................................... 1898
Turner, James; NC..................................... 1869
Turney, Hopkins L.; TN................................ 1887
Turpie, David; IN..................................... 1831
Tydings, Joseph D.; MD................................ 1843
Tydings, Millard E.; MD............................... 1844
Tyler, John; VA....................................... 1895
Tyson, Lawrence D.; TN................................ 1888
U
Udall, Mark; CO....................................... 1815
Udall, Tom; NM........................................ 1866
Umstead, William B.; NC............................... 1869
Underwood, Joseph R.; KY.............................. 1837
Underwood, Oscar W.; AL............................... 1806
Underwood, Thomas R.; KY.............................. 1837
Upham, William; VT.................................... 1894
Upton, Robert W.; NH.................................. 1862
V
Van Buren, Martin; NY................................. 1867
Vance, Zebulon B.; NC................................. 1870
Vandenberg, Arthur H.; MI............................. 1847
Van Dyke, Nicholas; DE................................ 1820
Van Nuys, Frederick; IN............................... 1832
Van Winkle, Peter G.; WV.............................. 1899
Van Wyck, Charles H.; NE.............................. 1857
Vardaman, James K.; MS................................ 1852
Vare, William S.; PA\1\............................... 1880
\1\Elected, but was not seated.
Varnum, Joseph B.; MA................................. 1846
Venable, Abraham B.; VA............................... 1895
Vest, George G.; MO................................... 1854
Vickers, George; MD................................... 1844
Vilas, William F.; WI................................. 1902
Vining, John; DE...................................... 1820
Vitter, David; LA..................................... 1840
Voinovich, George V.; OH.............................. 1874
Voorhees, Daniel W.; IN............................... 1832
W
Wade, Benjamin F.; OH................................. 1873
Wadleigh, Bainbridge; NH.............................. 1862
Wadsworth, James W., Jr.; NY.......................... 1868
Waggaman, George A.; LA............................... 1839
Wagner, Robert F.; NY................................. 1868
Walcott, Frederic C.; CT.............................. 1817
Wales, John; DE....................................... 1819
Walker, Freeman; GA................................... 1823
Walker, George; KY.................................... 1837
Walker, Isaac P.; WI.................................. 1902
Walker, James D.; AR.................................. 1812
Walker, John; VA...................................... 1895
Walker, John W.; AL................................... 1806
Walker, Robert J.; MS................................. 1852
Walker, Walter; CO.................................... 1816
Wall, Garret D.; NJ................................... 1864
Wall, James W.; NJ.................................... 1863
Wallace, William A.; PA............................... 1879
Wallgren, Mon C.; WA.................................. 1897
Wallop, Malcolm; WY................................... 1903
Walsh, Arthur; NJ..................................... 1863
Walsh, David I.;
MA............................................1845, 1846
Walsh, John E.; MT.................................... 1856
Walsh, Patrick; GA.................................... 1823
Walsh, Thomas J.; MT.................................. 1856
Walters, Herbert S.; TN............................... 1888
Walthall, Edward C.; MS............................... 1852
Walton, George; GA.................................... 1823
Ward, Matthias; TX.................................... 1889
Ware, Nicholas; GA.................................... 1823
Warner, Mark; VA...................................... 1896
Warner, John W.; VA................................... 1896
Warner, Willard; AL................................... 1805
Warner, William; MO................................... 1853
Warren, Elizabeth; MA...................................1845
Warren, Francis E.;
WY............................................1903, 1904
Washburn, William B.; MA.............................. 1845
Washburn, William D.; MN.............................. 1850
Waterman, Charles W.; CO.............................. 1816
Watkins, Arthur V.; UT................................ 1891
Watson, Clarence W.; WV............................... 1900
Watson, James; NY..................................... 1867
Watson, James E.; IN.................................. 1832
Watson, Thomas E.; GA................................. 1824
Webb, Jim; VA......................................... 1895
Webb, William R.; TN.................................. 1888
Webster, Daniel; MA................................... 1845
Weeks, John W.; MA.................................... 1846
Weeks, Sinclair; MA................................... 1846
Weicker, Lowell P., Jr.; CT........................... 1817
Welch, Adonijah S.; FL................................ 1821
Welker, Herman; ID.................................... 1828
Weller, John B.; CA................................... 1813
Weller, Ovington E.; MD............................... 1844
Wellington, George L.; MD............................. 1844
Wells, John S.; NH.................................... 1862
Wells, William H.; DE................................. 1820
Wellstone, Paul J.; MN................................ 1850
West, J. Rodman; LA................................... 1839
West, William S.; GA.................................. 1823
Westcott, James D., Jr.; FL........................... 1822
Wetmore, George P.; RI................................ 1882
Wharton, Jesse; TN.................................... 1888
Wheeler, Burton K.; MT................................ 1855
Wherry, Kenneth S.; NE................................ 1858
Whitcomb, James; IN................................... 1832
White, Albert S.; IN.................................. 1831
White, Edward D.; LA.................................. 1840
White, Francis S.; AL................................. 1806
White, Hugh L.; TN.................................... 1888
White, Samuel; DE..................................... 1819
White, Stephen M.; CA................................. 1813
White, Wallace H., Jr.; ME............................ 1842
Whiteside, Jenkin; TN................................. 1888
Whitthorne, Washington C.; TN......................... 1887
Whitehouse, Sheldon; RI............................... 1881
Whyte, William P.;
MD............................................1843, 1844
Wicker, Roger; MS..................................... 1851
Wigfall, Louis T.; TX................................. 1889
Wilcox, Leonard; NH................................... 1862
Wiley, Alexander; WI.................................. 1902
Wilfley, Xenophon P.; MO.............................. 1854
Wilkins, William; PA.................................. 1880
Wilkinson, Morton S.; MN.............................. 1850
Willey, Calvin; CT.................................... 1818
Willey, Waitman T.; VA................................ 1895
WV............................
1900
Williams, Abram P.; CA................................ 1813
Williams, George H.; MO............................... 1854
Williams, George H.; OR............................... 1877
Williams, Harrison A., Jr.; NJ........................ 1863
Williams, Jared W.; NH................................ 1861
Williams, John; TN.................................... 1888
Williams, John J.; DE................................. 1819
Williams, John S.; KY................................. 1838
Williams, John S.; MS................................. 1851
Williams, Reuel; ME................................... 1841
Williams, Thomas Hickman; MS.......................... 1851
Williams, Thomas Hill; MS............................. 1852
Williamson, Ben M.; KY................................ 1837
Willis, Frank B.; OH.................................. 1874
Willis, Raymond E.; IN................................ 1831
Wilmot, David; PA..................................... 1879
Wilson, Ephraim K.; MD................................ 1844
Wilson, George A.; IA................................. 1833
Wilson, Henry; MA..................................... 1846
Wilson, James F.; IA.................................. 1833
Wilson, James J.; NJ.................................. 1863
Wilson, John L.; WA................................... 1897
Wilson, Pete; CA...................................... 1813
Wilson, Robert; MO.................................... 1854
Windom, William; MN................................... 1850
Wingate, Paine; NH.................................... 1861
Winthrop, Robert C.; MA............................... 1845
Wirth, Timothy E.; CO................................. 1816
Withers, Garrett L.; KY............................... 1838
Withers, Robert E.; VA................................ 1895
Wofford, Harris; PA................................... 1879
Wofford, Thomas A.; SC................................ 1883
Wolcott, Edward O.; CO................................ 1815
Wolcott, Josiah O.; DE................................ 1819
Woodbridge, William; MI............................... 1848
Woodbury, Levi; NH................................1861, 1862
Works, John D.; CA.................................... 1813
Worthington, Thomas; OH...........................1873, 1874
Wright, George G.; IA................................. 1833
Wright, Joseph A.; IN................................. 1831
Wright, Robert; MD.................................... 1844
Wright, Silas, Jr.; NY................................ 1868
Wright, William; NJ...............................1863, 1864
Wyden, Ron; OR........................................ 1878
Wyman, Louis C.; NH................................... 1862
Y
Yarborough, Ralph; TX................................. 1889
Yates, Richard; IL.................................... 1829
Young, Lafayette; IA.................................. 1833
Young, Milton R.; ND.................................. 1872
Young, Richard M.; IL................................. 1830
Young, Stephen M.; OH................................. 1873
Yulee, David L.; FL...............................1821, 1822
Z
Zorinsky, Edward; NE.................................. 1857
electoral votes for president and vice president
electoral votes for president and vice president
electoral votes for president and vice president
[1907]
[1907]
[1907]
[1906]
ELECTORAL VOTES FOR PRESIDENT AND VICE PRESIDENT
1906
ELECTION FOR THE FIRST TERM, 1789-1793
George Washington, President; John Adams, Vice President
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Conn. Del. Ga. Md. Mass. N.H. N.J. Pa. S.C. Va. Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
George Washington, Esq............................... 7 3 5 6 10 5 6 10 7 10 69
John Adams, Esq...................................... 5 ....... ....... ....... 10 5 1 8 ....... 5 34
Samuel Huntington, Esq............................... 2 ....... ....... ....... ....... ....... ....... ....... ....... ....... 2
John Jay, Esq........................................ ....... 3 ....... ....... ....... ....... 5 ....... ....... 1 9
John Hancock, Esq.................................... ....... ....... ....... ....... ....... ....... ....... 2 1 1 4
Robert H. Harrison, Esq.............................. ....... ....... ....... 6 ....... ....... ....... ....... ....... ....... 6
George Clinton, Esq.................................. ....... ....... ....... ....... ....... ....... ....... ....... ....... 3 3
John Rutledge, Esq................................... ....... ....... ....... ....... ....... ....... ....... ....... 6 ....... 6
John Milton, Esq..................................... ....... ....... 2 ....... ....... ....... ....... ....... ....... ....... 2
James Armstrong, Esq................................. ....... ....... 1 ....... ....... ....... ....... ....... ....... ....... 1
Edward Telfair, Esq.................................. ....... ....... 1 ....... ....... ....... ....... ....... ....... ....... 1
Benjamin Lincoln, Esq................................ ....... ....... 1 ....... ....... ....... ....... ....... ....... ....... 1
Total electoral vote........................... 7 3 5 6 10 5 6 10 7 10 69
--------------------------------------------------------------------------------------------------------------------------------------------------------
[1907]
[1907]
[1907]
1907
ELECTION FOR THE SECOND TERM, 1793-1797
George Washington, President; John Adams, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Conn. Del. Ga. Ky. Md. Mass. N.H. N.J. N.Y. N.C. Pa. R.I. S.C. Vt. Va. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
George Washington, of Virginia.................. 9 3 4 4 8 16 6 7 12 12 15 4 8 3 21 132
John Adams, of Massachusetts.................... 9 3 ....... ....... 8 16 6 7 ....... ....... 14 4 7 3 ....... 77
George Clinton, of New York..................... ....... ....... 4 ....... ....... ....... ....... ....... 12 12 1 ....... ....... ....... 21 50
Thomas Jefferson, of Virginia................... ....... ....... ....... 4 ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... 4
Aaron Burr, of New York......................... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... 1 ....... ....... 1
Total electoral vote...................... 9 3 4 4 8 16 6 7 12 12 15 4 8 3 21 132
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[1908]
[1908]
1908
ELECTION FOR THE THIRD TERM, 1797-1801
John Adams, President; Thomas Jefferson, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Conn. Del. Ga. Ky. Md. Mass. N.H. N.J. N.Y. N.C. Pa. R.I. S.C. Tenn. Vt. Va. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
John Adams, of Massachusetts................................... 9 3 ..... ..... 7 16 6 7 12 1 1 4 ..... ....... 4 1 71
Thomas Jefferson, of Virginia.................................. ....... ....... 4 4 4 ....... ..... ..... ..... 11 14 ..... 8 3 ..... 20 68
Thomas Pinckney, of South Carolina............................. 4 3 ..... ..... 4 13 ..... 7 12 1 2 ..... 8 ....... 4 1 59
Aaron Burr, of New York........................................ ....... ....... ..... 4 3 ....... ..... ..... ..... 6 13 ..... ..... 3 ..... 1 30
Samuel Adams, of Massachusetts................................. ....... ....... ..... ..... ..... ....... ..... ..... ..... ..... ..... ..... ..... ....... ..... 15 15
O. Ellsworth, of Connecticut................................... ....... ....... ..... ..... ..... 1 6 ..... ..... ..... ..... 4 ..... ....... ..... ..... 11
John Jay, of New York.......................................... 5 ....... ..... ..... ..... ....... ..... ..... ..... ..... ..... ..... ..... ....... ..... ..... 5
George Clinton, of New York.................................... ....... ....... 4 ..... ..... ....... ..... ..... ..... ..... ..... ..... ..... ....... ..... 3 7
S. Johnston, of North Carolina................................. ....... ....... ..... ..... ..... 2 ..... ..... ..... ..... ..... ..... ..... ....... ..... ..... 2
James Iredell, of North Carolina............................... ....... ....... ..... ..... ..... ....... ..... ..... ..... 3 ..... ..... ..... ....... ..... ..... 3
George Washington, of Virginia................................. ....... ....... ..... ..... ..... ....... ..... ..... ..... 1 ..... ..... ..... ....... ..... 1 2
C. C. Pinckney, of South Carolina.............................. ....... ....... ..... ..... ..... ....... ..... ..... ..... 1 ..... ..... ..... ....... ..... ..... 1
John Henry, of Maryland........................................ ....... ....... ..... ..... 2 ....... ..... ..... ..... ..... ..... ..... ..... ....... ..... ..... 2
Total electoral vote..................................... 9 3 4 4 10 16 6 7 12 12 15 4 8 3 4 21 138
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[1909]
[1909]
1909
ELECTION FOR THE FOURTH TERM, 1801-1805
Thomas Jefferson, President; Aaron Burr, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Conn. Del. Ga. Ky. Md. Mass. N.H. N.J. N.Y. N.C. Pa. R.I. S.C. Tenn. Vt. Va. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Thomas Jefferson, of Virginia.................................. ....... ....... 4 4 5 ....... ..... ..... 12 8 8 ..... 8 3 ..... 21 *73
Aaron Burr, of New York........................................ ....... ....... 4 4 5 ....... ..... ..... 12 8 8 ..... 8 3 ..... 21 *73
John Adams, of Massachusetts................................... 9 3 ..... ..... 5 16 6 7 ..... 4 7 4 ..... ....... 4 ..... 65
Charles C. Pinckney, of South Carolina......................... 9 3 ..... ..... 5 16 6 7 ..... 4 7 3 ..... ....... 4 ..... 64
John Jay, of New York.......................................... ....... ....... ..... ..... ..... ....... ..... ..... ..... ..... ..... 1 ..... ....... ..... ..... 1
Total electoral vote..................................... 9 3 4 4 10 16 6 7 12 12 15 4 8 3 4 21 138
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*There being no choice for President by the people, the election devolved upon the House of Representatives, and February 17, 1801, Thomas Jefferson was chosen by the votes of ten States, to
four for Aaron Burr, and two blank.
[1910]
[1910]
1910
ELECTION FOR THE FIFTH TERM, 1805-1809
Thomas Jefferson, President; George Clinton, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Conn. Del. Ga. Ky. Md. Mass. N.H. N.J. N.Y. N.C. Ohio Pa. R.I. S.C. Tenn. Vt. Va. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Thomas Jefferson, of Virginia..................... ....... ....... 6 8 9 19 7 8 19 14 3 20 4 10 5 6 24 162
Charles C. Pinckney, of South Carolina............ 9 3 ..... ..... 2 ....... ..... ..... ..... ..... ....... ..... ..... ..... ....... ..... ..... 14
=========================================================================================================================================
For Vice President:
George Clinton, of New York....................... ....... ....... 6 8 9 19 7 8 19 14 3 20 4 10 5 6 24 162
Rufus King, of New York........................... 9 3 ..... ..... 2 ....... ..... ..... ..... ..... ....... ..... ..... ..... ....... ..... ..... 14
=========================================================================================================================================
Total electoral vote............................ 9 3 6 8 11 19 7 8 19 14 3 20 4 10 5 6 24 176
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[1911]
[1911]
1911
ELECTION FOR THE SIXTH TERM, 1809-1813
James Madison, President; George Clinton, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Conn. Del. Ga. Ky. Md. Mass. N.H. N.J. N.Y. N.C. Ohio Pa. R.I. S.C. Tenn. Vt. Va. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
James Madison, of Virginia........................ ....... ....... 6 7 9 ....... ..... 8 13 11 3 20 ..... 10 5 6 24 122
George Clinton, of New York....................... ....... ....... ..... ..... ..... ....... ..... ..... 6 ..... ....... ..... ..... ..... ....... ..... ..... 6
Charles C. Pinckney, of South Carolina............ 9 3 ..... ..... 2 19 7 ..... ..... 3 ....... ..... 4 ..... ....... ..... ..... 47
=========================================================================================================================================
For Vice President:
George Clinton, of New York....................... ....... ....... 6 7 9 ....... ..... 8 13 11 ....... 20 ..... 10 5 ..... 24 113
James Madison, of Virginia........................ ....... ....... ..... ..... ..... ....... ..... ..... 3 ..... ....... ..... ..... ..... ....... ..... ..... 3
James Monroe, of Virginia......................... ....... ....... ..... ..... ..... ....... ..... ..... 3 ..... ....... ..... ..... ..... ....... ..... ..... 3
John Langdon, of New Hampshire.................... ....... ....... ..... ..... ..... ....... ..... ..... ..... ..... 3 ..... ..... ..... ....... 6 ..... 9
Rufus King, of New York........................... 9 3 ..... ..... 2 19 7 ..... ..... 3 ....... ..... 4 ..... ....... ..... ..... 47
=========================================================================================================================================
Total electoral vote............................ 9 3 6 7 11 19 7 8 19 14 3 20 4 10 5 6 24 175
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[1912]
[1912]
1912
ELECTION FOR THE SEVENTH TERM, 1813-1817
James Madison, President; Elbridge Gerry, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Conn. Del. Ga. Ky. La. Md. Mass. N.H. N.J. N.Y. N.C. Ohio Pa. R.I. S.C. Tenn. Vt. Va. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
James Madison, of Virginia.......... ...... ...... 8 12 3 6 ...... ...... ...... ...... 15 7 25 ...... 11 8 8 25 128
De Witt Clinton, of New York........ 9 4 ...... ...... ...... 5 22 8 8 29 ...... ...... ...... 4 ...... ...... ...... ...... 89
=======================================================================================================================================================
For Vice President:
Elbridge Gerry, of Massachusetts.... ...... ...... 8 12 3 6 2 1 ...... ...... 15 7 25 ...... 11 8 8 25 131
Jared Ingersoll, of Pennsylvania.... 9 4 ...... ...... ...... 5 20 7 8 29 ...... ...... ...... 4 ...... ...... ...... ...... 86
=======================================================================================================================================================
Total electoral vote.............. 9 4 8 12 3 11 22 8 8 29 15 7 25 4 11 8 8 25 217
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[1913]
[1913]
1913
ELECTION FOR THE EIGHTH TERM, 1817-1821
James Monroe, President; Daniel D. Tompkins, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Conn. Del. Ga. Ind. Ky. La. Md. Mass. N.H. N.J. N.Y. N.C. Ohio Pa. R.I. S.C. Tenn. Vt. Va. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
James Monroe, of Virginia... ...... ...... 8 3 12 3 8 ...... 8 8 29 15 8 25 4 11 8 8 25 183
Rufus King, of New York..... 9 3 ...... ...... ...... ...... ...... 22 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 34
===============================================================================================================================================================
For Vice President:
Daniel D. Tompkins, of New ...... ...... 8 3 12 3 8 ...... 8 8 29 15 8 25 4 11 8 8 25 183
York.......................
John E. Howard, of Maryland. ...... ...... ...... ...... ...... ...... ...... 22 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 22
James Ross, of Pennsylvania. 5 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 5
John Marshall, of Virginia.. 4 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 4
Robert G. Harper, of ...... 3 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 3
Maryland...................
===============================================================================================================================================================
Total electoral vote...... 9 3 8 3 12 3 8 22 8 8 29 15 8 25 4 11 8 8 25 217
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[1914]
[1914]
1914
ELECTION FOR THE NINTH TERM, 1821-1825
James Monroe, President; Daniel D. Tompkins, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Conn. Del. Ga. Ill. Ind. Ky. La. Maine Md. Mass. Miss. Mo. N.H. N.J. N.Y. N.C. Ohio Pa. R.I. S.C. Tenn. Vt. Va. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
James Monroe, of Virginia............... 3 9 4 8 3 3 12 3 9 11 15 2 3 7 8 29 15 8 24 4 11 7 8 25 231
John Quincy Adams, of Massachusetts..... .... ..... .... ... .... .... ... ... ..... ... ..... ..... ... 1 .... .... .... .... ... .... .... ..... ... ... 1
===================================================================================================================================================
For Vice President:
Daniel D. Tompkins, of New York......... 3 9 .... 8 3 3 12 3 9 10 7 2 3 7 8 29 15 8 24 4 11 7 8 25 218
Richard Stockton, of New Jersey......... .... ..... .... ... .... .... ... ... ..... ... 8 ..... ... .... .... .... .... .... ... .... .... ..... ... ... 8
Robert G. Harper, of Maryland........... .... ..... .... ... .... .... ... ... ..... 1 ..... ..... ... .... .... .... .... .... ... .... .... ..... ... ... 1
Richard Rush, of Pennsylvania........... .... ..... .... ... .... .... ... ... ..... ... ..... ..... ... 1 .... .... .... .... ... .... .... ..... ... ... 1
Daniel Rodney, of Delaware.............. .... ..... 4 ... .... .... ... ... ..... ... ..... ..... ... .... .... .... .... .... ... .... .... ..... ... ... 4
===================================================================================================================================================
Total electoral vote.................. 3 9 4 8 3 3 12 3 9 11 15 3 3 8 8 29 15 8 25 4 11 8 8 25 *235
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*The whole number of electors appointed was 235, but one elector from each of the States of Pennsylvania, Tennessee, and Mississippi, having died, the number of votes actually cast was 232.
[1915]
[1915]
1915
ELECTION FOR THE TENTH TERM, 1825-1829
John Quincy Adams, President; John C. Calhoun, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Conn. Del. Ga. Ill. Ind. Ky. La. Maine Md. Mass. Miss. Mo. N.H. N.J. N.Y. N.C. Ohio Pa. R.I. S.C. Tenn. Vt. Va. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Andrew Jackson, of Tennessee............ 5 ..... .... ... 2 5 ... 3 ..... 7 ..... 3 ... .... 8 1 15 .... 28 .... 11 11 ... ... *99
John Quincy Adams, of Massachusetts..... .... 8 1 ... 1 .... ... 2 9 3 15 ..... ... 8 .... 26 .... .... ... 4 .... ..... 7 ... *84
William H. Crawford, of Georgia......... .... ..... 2 9 .... .... ... ... ..... 1 ..... ..... ... .... .... 5 .... .... ... .... .... ..... ... 24 41
Henry Clay, of Kentucky................. .... ..... .... ... .... .... 14 ... ..... ... ..... ..... 3 .... .... 4 .... 16 ... .... .... ..... ... ... 37
===================================================================================================================================================
For Vice President:
John C. Calhoun, of South Carolina...... 5 ..... 1 ... 3 5 7 5 9 10 15 3 ... 7 8 29 15 .... 28 3 11 11 7 ... 182
Nathan Sanford, of New York............. .... ..... .... ... .... .... 7 ... ..... ... ..... ..... ... .... .... 7 .... 16 ... .... .... ..... ... ... 30
Nathaniel Macon, of North Carolina...... .... ..... .... ... .... .... ... ... ..... ... ..... ..... ... .... .... .... .... .... ... .... .... ..... ... 24 24
Andrew Jackson, of Tennessee............ .... 8 .... ... .... .... ... ... ..... 1 ..... ..... 3 1 .... .... .... .... ... .... .... ..... ... ... 13
Martin Van Buren, of New York........... .... ..... .... 9 .... .... ... ... ..... ... ..... ..... ... .... .... .... .... .... ... .... .... ..... ... ... 9
Henry Clay, of Kentucky................. .... ..... 2 ... .... .... ... ... ..... ... ..... ..... ... .... .... .... .... .... ... .... .... ..... ... ... 2
===================================================================================================================================================
Total electoral vote.................. 5 8 3 9 3 5 14 5 9 11 15 3 3 8 8 36 15 16 28 4 11 11 7 24 261
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*No choice for President having been made by the people, the election devolved upon the House of Representatives, and John Quincy Adams was elected, receiving the votes of thirteen States to
seven for Andrew Jackson and four for William H. Crawford.
[1916]
[1916]
1916
ELECTION FOR THE ELEVENTH TERM, 1829-1833
Andrew Jackson, President; John C. Calhoun, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Conn. Del. Ga. Ill. Ind. Ky. La. Maine Md. Mass. Miss. Mo. N.H. N.J. N.Y. N.C. Ohio Pa. R.I. S.C. Tenn. Vt. Va. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Andrew Jackson, of Tennessee............ 5 ..... .... 9 3 5 14 5 1 5 ..... 3 3 .... .... 20 15 16 28 .... 11 11 ... 24 178
John Quincy Adams, of Massachusetts..... .... 8 3 ... .... .... ... ... 8 6 15 ..... ... 8 8 16 .... .... ... 4 .... ..... 7 ... 83
===================================================================================================================================================
For Vice President:
John C. Calhoun, of South Carolina...... 5 ..... .... 2 3 5 14 5 1 5 ..... 3 3 .... .... 20 15 16 28 .... 11 11 ... 24 171
Richard Rush, of Pennsylvania........... .... 8 3 ... .... .... ... ... 8 6 15 ..... ... 8 8 16 .... .... ... 4 .... ..... 7 ... 83
William Smith, of South Carolina........ .... ..... .... 7 .... .... ... ... ..... ... ..... ..... ... .... .... .... .... .... ... .... .... ..... ... ... 7
===================================================================================================================================================
Total electoral vote.................. 5 8 3 9 3 5 14 5 9 11 15 3 3 8 8 36 15 16 28 4 11 11 7 24 261
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[1917]
[1917]
1917
ELECTION FOR THE TWELFTH TERM, 1833-1837
Andrew Jackson, President; Martin Van Buren, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Conn. Del. Ga. Ill. Ind. Ky. La. Maine Md. Mass. Miss. Mo. N.H. N.J. N.Y. N.C. Ohio Pa. R.I. S.C. Tenn. Vt. Va. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Andrew Jackson, of Tennessee............ 7 ..... .... 11 5 9 ... 5 10 3 ..... 4 4 7 8 42 15 21 30 .... .... 15 ... 23 219
Henry Clay, of Kentucky................. .... 8 3 ... .... .... 15 ... ..... 5 14 ..... ... .... .... .... .... .... ... 4 .... ..... ... ... 49
John Floyd, of Virginia................. .... ..... .... ... .... .... ... ... ..... ... ..... ..... ... .... .... .... .... .... ... .... 11 ..... ... ... 11
William Wirt, of Maryland............... .... ..... .... ... .... .... ... ... ..... ... ..... ..... ... .... .... .... .... .... ... .... .... ..... 7 ... 7
===================================================================================================================================================
For Vice President:
Martin Van Buren, of New York........... 7 ..... .... 11 5 9 ... 5 10 3 ..... 4 4 7 8 42 15 21 ... .... .... 15 ... 23 189
John Sergeant, of Pennsylvania.......... .... 8 3 ... .... .... 15 ... ..... 5 14 ..... ... .... .... .... .... .... ... 4 .... ..... ... ... 49
William Wilkins, of Pennsylvania........ .... ..... .... ... .... .... ... ... ..... ... ..... ..... ... .... .... .... .... .... 30 .... .... ..... ... ... 30
Henry Lee, of Massachusetts............. .... ..... .... ... .... .... ... ... ..... ... ..... ..... ... .... .... .... .... .... ... .... 11 ..... ... ... 11
Amos Ellmaker, of Pennsylvania.......... .... ..... .... ... .... .... ... ... ..... ... ..... ..... ... .... .... .... .... .... ... .... .... ..... 7 ... 7
===================================================================================================================================================
Total electoral vote.................. 7 8 3 11 5 9 15 5 10 *8 14 4 4 7 8 42 15 21 30 4 11 15 7 23 286
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*Two votes were not given in Maryland.
[1918]
[1918]
1918
ELECTION FOR THE THIRTEENTH TERM, 1837-1841
Martin Van Buren, President; Richard M. Johnson, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Conn. Del. Ga. Ill. Ind. Ky. La. Maine Md. Mass. Mich. Miss. Mo. N.H. N.J. N.Y. N.C. Ohio Pa. R.I. S.C. Tenn. Vt. Va. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Martin Van Buren, of New York.............. 7 3 8 .... ... 5 .... ... 5 10 ..... ...... 3 4 4 7 ..... 42 15 ..... 30 4 ..... ...... ..... 23 170
William H. Harrison, of Ohio............... ..... ..... ...... 3 ... .... 9 15 ... ...... 10 ...... ...... ...... ... ..... 8 ..... ..... 21 ..... ..... ..... ...... 7 ..... 73
Hugh L. White, of Tennessee................ ..... ..... ...... .... 11 .... .... ... ... ...... ..... ...... ...... ...... ... ..... ..... ..... ..... ..... ..... ..... ..... 15 ..... ..... 26
Daniel Webster, of Massachusetts........... ..... ..... ...... .... ... .... .... ... ... ...... ..... 14 ...... ...... ... ..... ..... ..... ..... ..... ..... ..... ..... ...... ..... ..... 14
Willie P. Mangum, of North Carolina........ ..... ..... ...... .... ... .... .... ... ... ...... ..... ...... ...... ...... ... ..... ..... ..... ..... ..... ..... ..... 11 ...... ..... ..... 11
========================================================================================================================================================================================
For Vice President:
Richard M. Johnson, of Kentucky............ 7 3 8 .... ... 5 .... ... 5 10 ..... ...... 3 4 4 7 ..... 42 15 ..... 30 4 ..... ...... ..... ..... *147
Francis Granger, of New York............... ..... ..... ...... 3 ... .... 9 15 ... ...... ..... 14 ...... ...... ... ..... 8 ..... ..... 21 ..... ..... ..... ...... 7 ..... *77
John Tyler, of Virginia.................... ..... ..... ...... .... 11 .... .... ... ... ...... 10 ...... ...... ...... ... ..... ..... ..... ..... ..... ..... ..... 11 15 ..... ..... 47
William Smith, of Alabama.................. ..... ..... ...... .... ... .... .... ... ... ...... ..... ...... ...... ...... ... ..... ..... ..... ..... ..... ..... ..... ..... ...... ..... 23 23
========================================================================================================================================================================================
Total electoral vote..................... 7 3 8 3 11 5 9 15 5 10 10 14 3 4 4 7 8 42 15 21 30 4 11 15 7 23 294
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*There being no choice for Vice President by the people, the election devolved upon the Senate of the United States. Richard M. Johnson received 33 votes and Francis Granger 16 votes. Richard M. Johnson was thereupon declared
elected Vice President.
[1919]
[1919]
1919
ELECTION FOR THE FOURTEENTH TERM, 1841-1845
William Henry Harrison,* President; John Tyler, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Conn. Del. Ga. Ill. Ind. Ky. La. Maine Md. Mass. Mich. Miss. Mo. N.H. N.J. N.Y. N.C. Ohio Pa. R.I. S.C. Tenn. Vt. Va. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
William H. Harrison, of Ohio........................ .... .... 8 3 11 .... 9 15 5 10 10 14 3 4 ... ..... 8 42 15 21 30 4 ..... 15 7 ..... 234
Martin Van Buren, of New York....................... 7 3 ...... .... ... 5 .... ... ... ...... ... ..... ..... ..... 4 7 ..... ..... ..... ..... ..... ..... 11 ...... ... 23 60
===============================================================================================================================================================================
For Vice President:
John Tyler, of Virginia............................. .... .... 8 3 11 .... 9 15 5 10 10 14 3 4 ... ..... 8 42 15 21 30 4 ..... 15 7 ..... 234
R. M. Johnson, of Kentucky.......................... 7 3 ...... .... ... 5 .... ... ... ...... ... ..... ..... ..... 4 7 ..... ..... ..... ..... ..... ..... ..... ...... ... 22 48
L. W. Tazewell, of Virginia......................... .... .... ...... .... ... .... .... ... ... ...... ... ..... ..... ..... ... ..... ..... ..... ..... ..... ..... ..... 11 ...... ... ..... 11
James K. Polk, of Tennessee......................... .... .... ...... .... ... .... .... ... ... ...... ... ..... ..... ..... ... ..... ..... ..... ..... ..... ..... ..... ..... ...... ... 1 1
===============================================================================================================================================================================
Total electoral vote.............................. 7 3 8 3 11 5 9 15 5 10 10 14 3 4 4 7 8 42 15 21 30 4 11 15 7 23 294
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*William Henry Harrison, ninth President of the United States, died at Washington, April 4, 1841. The duties of the Presidential office devolving, in this event, upon John Tyler, Vice President, he accordingly took the oath of
office April 6, 1841.
[1920]
[1920]
1920
ELECTION FOR THE FIFTEENTH TERM, 1845-1849
James K. Polk, President; George M. Dallas, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Conn. Del. Ga. Ill. Ind. Ky. La. Maine Md. Mass. Mich. Miss. Mo. N.H. N.J. N.Y. N.C. Ohio Pa. R.I.* S.C. Tenn. Vt. Va. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
James K. Polk, of Tennessee.................. 9 3 ...... .... 10 9 12 ... 6 9 ..... ...... 5 6 7 6 ..... 36 ..... ..... 26 ..... 9 ...... ... 17 170
Henry Clay, of Kentucky...................... ..... ..... 6 3 ... .... .... 12 ... ...... 8 12 ...... ...... ... ..... 7 ..... 11 23 ..... 4 ..... 13 6 ..... 105
======================================================================================================================================================================================
For Vice President:
George M. Dallas, of Pennsylvania............ 9 3 ...... .... 10 9 12 ... 6 9 ..... ...... 5 6 7 6 ..... 36 ..... ..... 26 ..... 9 ...... ... 17 170
Theodore Frelinghuysen, of New Jersey........ ..... ..... 6 3 ... .... .... 12 ... ...... 8 12 ...... ...... ... ..... 7 ..... 11 23 ..... 4 ..... 13 6 ..... 105
======================================================================================================================================================================================
Total electoral vote....................... 9 3 6 3 10 9 12 12 6 9 8 12 5 6 7 6 7 36 11 23 26 4 9 13 6 17 275
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*And Providence Plantations.
[1921]
[1921]
1921
ELECTION FOR THE SIXTEENTH TERM, 1849-1853
Zachary Taylor,* President; Millard Fillmore, Vice President
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Conn. Del. Fla. Ga. Ill. Ind. Iowa Ky. La. Maine Md. Mass. Mich. Miss.
--------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Zachary Taylor, of Louisiana. ..... ..... 6 3 3 10 ..... ..... ...... 12 6 ...... 8 12 ...... ......
Lewis Cass, of Michigan...... 9 3 ...... ..... ..... ..... 9 12 4 ..... ..... 9 ...... ...... 5 6
======================================================================================================================
For Vice President:
Millard Fillmore, of New York ..... ..... 6 3 3 10 ..... ..... ...... 12 6 ...... 8 12 ...... ......
W. O. Butler, of Kentucky.... 9 3 ...... ..... ..... ..... 9 12 4 ..... ..... 9 ...... ...... 5 6
======================================================================================================================
Total electoral vote....... 9 3 6 3 3 10 9 12 4 12 6 9 8 12 5 6
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Mo. N.H. N.J. N.Y. N.C. Ohio Pa. R.I. S.C. Tenn. Tex. Vt. Va. Wis. Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Zachary Taylor, of Louisiana...... ..... ...... 7 36 11 ..... 26 4 ...... 13 ..... 6 ..... ..... 163
Lewis Cass, of Michigan........... 7 6 ...... ...... ...... 23 ...... ...... 9 ...... 4 ..... 17 4 127
=================================================================================================================
For Vice President:
Millard Fillmore, of New York..... ..... ...... 7 36 11 ..... 26 4 ...... 13 ..... 6 ..... ..... 163
W. O. Butler, of Kentucky......... 7 6 ...... ...... ...... 23 ...... ...... 9 ...... 4 ..... 17 4 127
=================================================================================================================
Total electoral vote............ 7 6 7 36 11 23 26 4 9 13 4 6 17 4 290
--------------------------------------------------------------------------------------------------------------------------------------------------------
*Zachary Taylor, twelfth President of the United States, died at Washington, July 9, 1850. The duties of the Presidential office devolving, in this
event, upon the Vice President, Millard Fillmore, he accordingly took the oath of office July 10, 1850.
[1922]
[1922]
1922
ELECTION FOR THE SEVENTEENTH TERM, 1853-1857
Franklin Pierce, President; William R. King, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Conn. Del. Fla. Ga. Ill. Ind. Iowa Ky. La. Maine Md. Mass. Mich.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Franklin Pierce, of New Hampshire........................... 9 4 4 6 3 3 10 11 13 4 ...... 6 8 8 ...... 6
Winfield Scott, of New Jersey............................... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 12 ...... ...... ...... 13 ......
===============================================================================================================================
For Vice President:
William R. King, of Alabama................................. 9 4 4 6 3 3 10 11 13 4 ...... 6 8 8 ...... 6
William A. Graham, of North Carolina........................ ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 12 ...... ...... ...... 13 ......
===============================================================================================================================
Total electoral vote...................................... 9 4 4 6 3 3 10 11 13 4 12 6 8 8 13 6
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Miss. Mo. N.H. N.J. N.Y. N.C. Ohio Pa. R.I. S.C. Tenn. Tex. Vt. Va. Wis. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Franklin Pierce, of New Hampshire........................... 7 9 5 7 35 10 23 27 4 8 ...... 4 ...... 15 5 254
Winfield Scott, of New Jersey............................... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 12 ...... 5 ...... ...... 42
===============================================================================================================================
For Vice President:
William R. King, of Alabama................................. 7 9 5 7 35 10 23 27 4 8 ...... 4 ...... 15 5 254
William A. Graham, of North Carolina........................ ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 12 ...... 5 ...... ...... 42
===============================================================================================================================
Total electoral vote...................................... 7 9 5 7 35 10 23 27 4 8 12 4 5 15 5 296
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[1923]
[1923]
1923
ELECTION FOR THE EIGHTEENTH TERM, 1857-1861
James Buchanan, President; John C. Breckinridge, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Conn. Del. Fla. Ga. Ill. Ind. Iowa Ky. La. Maine Md. Mass. Mich.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
James Buchanan, of Pennsylvania............................. 9 4 4 ...... 3 3 10 11 13 ...... 12 6 ...... ...... ...... ......
John C. Fremont, of California.............................. ...... ...... ...... 6 ...... ...... ...... ...... ...... 4 ...... ...... 8 ...... 13 6
Millard Fillmore, of New York............................... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 8 ...... ......
===============================================================================================================================
For Vice President:
John C. Breckinridge, of Kentucky........................... 9 4 4 ...... 3 3 10 11 13 ...... 12 6 ...... ...... ...... ......
William L. Dayton, of New Jersey............................ ...... ...... ...... 6 ...... ...... ...... ...... ...... 4 ...... ...... 8 ...... 13 6
Andrew J. Donelson, of Tennessee............................ ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 8 ...... ......
===============================================================================================================================
Total electoral vote...................................... 9 4 4 6 3 3 10 11 13 4 12 6 8 8 13 6
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Miss. Mo. N.H. N.J. N.Y. N.C. Ohio Pa. R.I. S.C. Tenn Tex. Vt. Va. Wis. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
James Buchanan, of Pennsylvania............................. 7 9 ...... 7 ...... 10 ...... 27 ...... 8 12 4 ...... 15 ...... 174
John C. Fremont, of California.............................. ...... ...... 5 ...... 35 ...... 23 ...... 4 ...... ...... ...... 5 ...... 5 114
Millard Fillmore, of New York............................... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 8
===============================================================================================================================
For Vice President:
John C. Breckinridge, of Kentucky........................... 7 9 ...... 7 ...... 10 ...... 27 ...... 8 12 4 ...... 15 ...... 174
William L. Dayton, of New Jersey............................ ...... ...... 5 ...... 35 ...... 23 ...... 4 ...... ...... ...... 5 ...... 5 114
Andrew J. Donelson, of Tennessee............................ ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 8
===============================================================================================================================
Total electoral vote...................................... 7 9 5 7 35 10 23 27 4 8 12 4 5 15 5 296
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[1924]
[1924]
1924
ELECTION FOR THE NINETEENTH TERM, 1861-1865
Abraham Lincoln, President; Hannibal Hamlin, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Conn. Del. Fla. Ga. Ill. Ind. Iowa Ky. La. Maine Md. Mass. Mich. Minn.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Abraham Lincoln, of Illinois........................ ...... ...... 4 6 ...... ...... ...... 11 13 4 ...... ...... 8 ...... 13 6 4
John C. Breckinridge, of Kentucky................... 9 4 ...... ...... 3 3 10 ...... ...... ...... ...... 6 ...... 8 ...... ...... ......
John Bell, of Tennessee............................. ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 12 ...... ...... ...... ...... ...... ......
Stephen A. Douglas, of Illinois..................... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ......
=======================================================================================================================================
For Vice President:
Hannibal Hamlin, of Maine........................... ...... ...... 4 6 ...... ...... ...... 11 13 4 ...... ...... 8 ...... 13 6 4
Joseph Lane, of Oregon.............................. 9 4 ...... ...... 3 3 10 ...... ...... ...... ...... 6 ...... 8 ...... ...... ......
Edward Everett, of Massachusetts.................... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 12 ...... ...... ...... ...... ...... ......
Herschel V. Johnson, of Georgia..................... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ......
=======================================================================================================================================
Total electoral vote.............................. 9 4 4 6 3 3 10 11 13 4 12 6 8 8 13 6 4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Miss. Mo. N.H. N.J. N.Y. N.C. Ohio Oreg. Pa. R.I. S.C. Tenn. Texas Vt. Va. Wis. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Abraham Lincoln, of Illinois........................ ...... ...... 5 4 35 ...... 23 3 27 4 ...... ...... ...... 5 ...... 5 180
John C. Breckinridge, of Kentucky................... 7 ...... ...... ...... ...... 10 ...... ...... ...... ...... 8 ...... 4 ...... ...... ...... 72
John Bell, of Tennessee............................. ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 12 ...... ...... 15 ...... 39
Stephen A. Douglas, of Illinois..................... ...... 9 ...... 3 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 12
=======================================================================================================================================
For Vice President:
Hannibal Hamlin, of Maine........................... ...... ...... 5 4 35 ...... 23 3 27 4 ...... ...... ...... 5 ...... 5 180
Joseph Lane, of Oregon.............................. 7 ...... ...... ...... ...... 10 ...... ...... ...... ...... 8 ...... 4 ...... ...... ...... 72
Edward Everett, of Massachusetts.................... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 12 ...... ...... 15 ...... 39
Herschel V. Johnson, of Georgia..................... ...... 9 ...... 3 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 12
=======================================================================================================================================
Total electoral vote.............................. 7 9 5 7 35 10 23 3 27 4 8 12 4 5 15 5 303
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[1925]
[1925]
1925
ELECTION FOR THE TWENTIETH TERM, 1865-1869
Abraham Lincoln,* President; Andrew Johnson, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Conn. Del. Fla. Ga. Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Abraham Lincoln, of Illinois........ ...... ...... 5 6 ...... ...... ...... 16 13 8 3 ...... ...... 7 7 12 8 4 ......
George B. McClellan, of New Jersey.. ...... ...... ...... ...... 3 ...... ...... ...... ...... ...... ...... 11 ...... ...... ...... ...... ...... ...... ......
=======================================================================================================================================================
For Vice President:
Andrew Johnson, of Tennessee........ ...... ...... 5 6 ...... ...... ...... 16 13 8 3 ...... ...... 7 7 12 8 4 ......
George H. Pendleton, of Ohio........ ...... ...... ...... ...... 3 ...... ...... ...... ...... ...... ...... 11 ...... ...... ...... ...... ...... ...... ......
=======================================================================================================================================================
Total electoral vote.............. ...... ...... 5 6 3 ...... ...... 16 13 8 3 11 ...... 7 7 12 8 4 ......
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Mo. Nev. N.H. N.J. N.Y. N.C. Ohio Oreg. Pa. R.I. S.C. Tenn. Tex. Vt. Va. W. Va. Wis. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Abraham Lincoln, of Illinois................ 11 2 5 ...... 33 ...... 21 3 26 4 ...... ...... ...... 5 ...... 5 8 212
George B. McClellan, of New Jersey.......... ...... ...... ...... 7 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 21
===============================================================================================================================================
For Vice President:
Andrew Johnson, of Tennessee................ 11 2 5 ...... 33 ...... 21 3 26 4 ...... ...... ...... 5 ...... 5 8 212
George H. Pendleton, of Ohio................ ...... ...... ...... 7 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 21
===============================================================================================================================================
Total electoral vote...................... 11 2 5 7 33 ...... 21 3 26 4 ...... ...... ...... 5 ...... 5 8 233
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*Abraham Lincoln, the sixteenth President of the United States, was shot by an assassin on the night of April 14, 1865, and died the following morning. The duties of the Presidential office
devolving, in this event, upon the Vice President, Andrew Johnson, he accordingly took the oath of office April 15, 1865.
[1926]
[1926]
1926
ELECTION FOR THE TWENTY-FIRST TERM, 1869-1873
Ulysses S. Grant, President; Schuyler Colfax, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Conn. Del. Fla. Ga. Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Ulysses S. Grant, of Illinois. 8 5 5 6 ..... 3 ..... 16 13 8 3 ..... ..... 7 ..... 12 8 4 ....... 11
Horatio Seymour, of New York.. ..... ..... ....... ....... 3 ..... 9 ..... ..... ....... ....... 11 7 ....... 7 ....... ....... ....... ....... .....
=============================================================================================================================================================
For Vice President:
Schuyler Colfax, of Indiana... 8 5 5 6 ..... 3 ..... 16 13 8 3 ..... ..... 7 ..... 12 8 4 ....... 11
Francis P. Blair, Jr., of ..... ..... ....... ....... 3 ..... 9 ..... ..... ....... ....... 11 7 ....... 7 ....... ....... ....... ....... .....
Missouri.....................
=============================================================================================================================================================
Total electoral vote........ 8 5 5 6 3 3 9 16 13 8 3 11 7 7 7 12 8 4 ....... 11
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total, Total,
excluding including
Name of candidate Nebr. Nev. N.H. N.J. N.Y. N.C. Ohio Oreg. Pa. R.I. S.C. Tenn. Tex. Vt. Va. W. Va. Wis. vote of vote of
Georgia Georgia
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Ulysses S. Grant, of Illinois........ 3 3 5 ..... ..... 9 21 ....... 26 4 6 10 ..... 5 ..... 5 8 214 214
Horatio Seymour, of New York......... ....... ..... ..... 7 33 ..... ....... 3 ..... ..... ..... ....... ..... ..... ..... ....... ..... 71 80
======================================================================================================================================================
For Vice President:
Schuyler Colfax, of Indiana.......... 3 3 5 ..... ..... 9 21 ....... 26 4 6 10 ..... 5 ..... 5 8 214 214
Francis P. Blair, Jr., of Missouri... ....... ..... ..... 7 33 ..... ....... 3 ..... ..... ..... ....... ..... ..... ..... ....... ..... 71 80
======================================================================================================================================================
Total electoral vote............... 3 3 5 7 33 9 21 3 26 4 6 10 ..... 5 ..... 5 8 285 29
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[1927]
[1927]
1927
ELECTION FOR THE TWENTY-SECOND TERM, 1873-1877
Ulysses S. Grant, President; Henry Wilson,* Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Conn. Del. Fla. Ga. Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Ulysses S. Grant, of Illinois....... 10 ...... 6 6 3 4 ...... 21 15 11 5 ...... ...... 7 ...... 13 11 5 8
Horace Greeley, of New York......... ...... ...... ...... ...... ...... ...... (By resolution of the House, 3 votes cast for Horace Greeley were not counted.
[1927]
[1927]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Mo. Nebr. Nev. N.H. N.J. N.Y. N.C. Ohio Oreg. Pa. R.I. S.C. Tenn. Tex. Vt. Va. W. Va. Wis. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Ulysses S. Grant, of Illinois....... ...... 3 3 5 9 35 10 22 3 29 4 7 ...... ...... 5 11 5 10 286
Horace Greeley, of New York......... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ......
B. Gratz Brown, of Missouri......... 8 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 18
Thomas A. Hendricks, of Indiana..... 6 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 12 8 ...... ...... ...... ...... 42
Charles J. Jenkins, of Georgia...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 2
David Davis, of Illinois............ 1 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 1
=======================================================================================================================================================
For Vice President:
Henry Wilson, of Massachusetts...... ...... 3 3 5 9 35 10 22 3 29 4 7 ...... ...... 5 11 5 10 286
B. Gratz Brown, of Missouri......... 6 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 12 8 ...... ...... ...... ...... 47
N. P. Banks, of Massachusetts....... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 1
George W. Julian, of Indiana........ 5 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 5
Alfred H. Colquitt, of Georgia...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 5
John M. Palmer, of Illinois......... 3 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 3
Thomas E. Bramlette, of Kentucky.... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 3
William S. Groesbeck, of Ohio....... 1 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 1
Willis B. Machen, of Kentucky....... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 1
=======================================================================================================================================================
Total electoral vote.............. 15 3 3 5 9 35 10 22 3 29 4 7 12 8 5 11 5 10 352
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[1928]
[1928]
1928
ELECTION FOR THE TWENTY-THIRD TERM, 1877-1881
Rutherford B. Hayes, President; William A. Wheeler, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Colo. Conn. Del. Fla. Ga. Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Rutherford B. Hayes, of Ohio.. ..... ..... 6 3 ..... ..... 4 ..... 21 ....... 11 5 ..... 8 7 ....... 13 11 5 .....
Samuel J. Tilden, of New York. 10 6 ....... ....... 6 3 ..... 11 ..... 15 ....... ..... 12 ....... ..... 8 ....... ....... ....... 8
=============================================================================================================================================================
For Vice President:
William A. Wheeler, of New ..... ..... 6 3 ..... ..... 4 ..... 21 ....... 11 5 ..... 8 7 ....... 13 11 5 .....
York.........................
Thomas A. Hendricks, of 10 6 ....... ....... 6 3 ..... 11 ..... 15 ....... ..... 12 ....... ..... 8 ....... ....... ....... 8
Indiana......................
=============================================================================================================================================================
Total electoral vote........ 10 6 6 3 6 3 4 11 21 15 11 5 12 8 7 8 13 11 5 8
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Mo. Nebr. Nev. N.H. N.J. N.Y. N.C. Ohio Oreg. Pa. R.I. S.C. Tenn. Tex. Vt. Va. W. Va. Wis. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Rutherford B. Hayes, of Ohio............... ..... 3 3 5 ..... ...... ...... 22 3 29 4 7 ....... ..... 5 ... ....... 10 185
Samuel J. Tilden, of New York.............. 15 ....... ...... ...... 9 35 10 ...... ...... ..... ...... ...... 12 8 ... 11 5 ..... 184
================================================================================================================================================
For Vice President:
William A. Wheeler, of New York............ ..... 3 3 5 ..... ...... ...... 22 3 29 4 7 ....... ..... 5 ... ....... 10 185
Thomas A. Hendricks, of Indiana............ 15 ....... ...... ...... 9 35 10 ...... ...... ..... ...... ...... 12 8 ... 11 5 ..... 184
================================================================================================================================================
Total electoral vote..................... 15 3 3 5 9 35 10 22 3 29 4 7 12 8 5 11 5 10 369
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[1929]
[1929]
1929
ELECTION FOR THE TWENTY-FOURTH TERM, 1881-1885
James A. Garfield,* President; Chester A. Arthur, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Colo. Conn. Del. Fla. Ga. Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
James A. Garfield, of Ohio.... ..... ..... 1 3 6 ..... ..... ..... 21 15 11 5 ..... ....... 7 ....... 13 11 5 .....
Winfield S. Hancock, of 10 6 5 ....... ..... 3 4 11 ..... ....... ....... ..... 12 8 ..... 8 ....... ....... ....... 8
Pennsylvania.................
=============================================================================================================================================================
For Vice President:
Chester A. Arthur, of New York ..... ..... 1 3 6 ..... ..... ..... 21 15 11 5 ..... ....... 7 ....... 13 11 5 .....
William H. English, of Indiana 10 6 5 ....... ..... 3 4 11 ..... ....... ....... ..... 12 8 ..... 8 ....... ....... ....... 8
=============================================================================================================================================================
Total electoral vote........ 10 6 6 3 6 3 4 11 21 15 11 5 12 8 7 8 13 11 5 8
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Mo. Nebr. Nev. N.H. N.J. N.Y. N.C. Ohio Oreg. Pa. R.I. S.C. Tenn. Tex. Vt. Va. W. Va. Wis. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
James A. Garfield, of Ohio................. ..... 3 ...... 5 ..... 35 ...... 22 3 29 4 ...... ....... ..... 5 ... ....... 10 214
Winfield S. Hancock, of Pennsylvania....... 15 ....... 3 ...... 9 ...... 10 ...... ...... ..... ...... 7 12 8 ... 11 5 ..... 155
================================================================================================================================================
For Vice President:
Chester A. Arthur, of New York............. ..... 3 ...... 5 ..... 35 ...... 22 3 29 4 ...... ....... ..... 5 ... ....... 10 214
William H. English, of Indiana............. 15 ....... 3 ...... 9 ...... 10 ...... ...... ..... ...... 7 12 8 ... 11 5 ..... 155
================================================================================================================================================
Total electoral vote..................... 15 3 3 5 9 35 10 22 3 29 4 7 12 8 5 11 5 10 369
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*James A. Garfield, the twentieth President of the United States, was shot by an assassin July 2, 1881, and died from the effects of his wounds September 19, 1881. The duties of the
Presidential office devolving, in this event, upon the Vice President, Chester A. Arthur, he accordingly took the oath of office in New York City, September 20, 1881, and again formally took
the oath of office at Washington, September 22, 1881.
The vote of Georgia, cast on the 8th of December, second Wednesday of the month, if not counted would reduce this total to 144.
[1930]
[1930]
1930
ELECTION FOR THE TWENTY-FIFTH TERM, 1885-1889
Grover Cleveland, President; Thomas A. Hendricks,* Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Colo. Conn. Del. Fla. Ga. Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Grover Cleveland, of New York. 10 7 ....... ....... 6 3 4 12 ..... 15 ....... ..... 13 8 ..... 8 ....... ....... ....... 9
James G. Blaine, of Maine..... ..... ..... 8 3 ..... ..... ..... ..... 22 ....... 13 9 ..... ....... 6 ....... 14 13 7 .....
=============================================================================================================================================================
For Vice President:
Thomas A. Hendricks, of 10 7 ....... ....... 6 3 4 12 ..... 15 ....... ..... 13 8 ..... 8 ....... ....... ....... 9
Indiana......................
John A. Logan, of Illinois.... ..... ..... 8 3 ..... ..... ..... ..... 22 ....... 13 9 ..... ....... 6 ....... 14 13 7 .....
=============================================================================================================================================================
Total electoral vote........ 10 7 8 3 6 3 4 12 22 15 13 9 13 8 6 8 14 13 7 9
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Mo. Nebr. Nev. N.H. N.J. N.Y. N.C. Ohio Oreg. Pa. R.I. S.C. Tenn. Tex. Vt. Va. W. Va. Wis. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Grover Cleveland, of New York.............. 16 ....... ...... ...... 9 36 11 ...... ...... ..... ...... 9 12 13 ... 12 6 ..... 219
James G. Blaine, of Maine.................. ..... 5 3 4 ..... ...... ...... 23 3 30 4 ...... ....... ..... 4 ... ....... 11 182
================================================================================================================================================
For Vice President:
Thomas A. Hendricks, of Indiana............ 16 ....... ...... ...... 9 36 11 ...... ...... ..... ...... 9 12 13 ... 12 6 ..... 219
John A. Logan, of Illinois................. ..... 5 3 4 ..... ...... ...... 23 3 30 4 ...... ....... ..... 4 ... ....... 11 182
================================================================================================================================================
Total electoral vote..................... 16 5 3 4 9 36 11 23 3 30 4 9 12 13 4 12 6 11 401
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*Thomas A. Hendricks died at Indianapolis, Ind., Nov. 25, 1885, aged 66 years.
[1931]
[1931]
1931
ELECTION FOR THE TWENTY-SIXTH TERM, 1889-1893
Benjamin Harrison, President; Levi P. Morton, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Colo. Conn. Del. Fla. Ga. Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Benjamin Harrison, of Indiana. ..... ..... 8 3 ..... ..... ..... ..... 22 15 13 9 ..... ....... 6 ....... 14 13 7 .....
Grover Cleveland, of New York. 10 7 ....... ....... 6 3 4 12 ..... ....... ....... ..... 13 8 ..... 8 ....... ....... ....... 9
=============================================================================================================================================================
For Vice President:
Levi P. Morton, of New York... ..... ..... 8 3 ..... ..... ..... ..... 22 15 13 9 ..... ....... 6 ....... 14 13 7 .....
Allen G. Thurman, of Ohio..... 10 7 ....... ....... 6 3 4 12 ..... ....... ....... ..... 13 8 ..... 8 ....... ....... ....... 9
=============================================================================================================================================================
Total electoral vote........ 10 7 8 3 6 3 4 12 22 15 13 9 13 8 6 8 14 13 7 9
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Mo. Nebr. Nev. N.H. N.J. N.Y. N.C. Ohio Oreg. Pa. R.I. S.C. Tenn. Tex. Vt. Va. W. Va. Wis. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Benjamin Harrison, of Indiana.............. ..... 5 3 4 ..... 36 ...... 23 3 30 4 ...... ....... ..... 4 ... ....... 11 233
Grover Cleveland, of New York.............. 16 ....... ...... ...... 9 ...... 11 ...... ...... ..... ...... 9 12 13 ... 12 6 ..... 168
================================================================================================================================================
For Vice President:
Levi P. Morton, of New York................ ..... 5 3 4 ..... 36 ...... 23 3 30 4 ...... ....... ..... 4 ... ....... 11 233
Allen G. Thurman, of Ohio.................. 16 ....... ...... ...... 9 ...... 11 ...... ...... ..... ...... 9 12 13 ... 12 6 ..... 168
================================================================================================================================================
Total electoral vote..................... 16 5 3 4 9 36 11 23 3 30 4 9 12 13 4 12 6 11 401
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[1932]
[1932]
1932
ELECTION FOR THE TWENTY-SEVENTH TERM, 1893-1897
Grover Cleveland, President; Adlai E. Stevenson, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Grover Cleveland, of New York............................ 11 8 8 ...... 6 3 4 13 ...... 24 15 ..... ...... 13 8 ...... 8 ..... 5 ...... 9 17 ......
Benjamin Harrison, of Indiana............................ ..... ..... 1 ...... ...... ..... ..... ..... ...... ..... ..... 13 ...... ..... ..... 6 ...... 15 9 9 ..... ...... 3
James B. Weaver, of Iowa................................. ..... ..... ...... 4 ...... ..... ..... ..... 3 ..... ..... ..... 10 ..... ..... ...... ...... ..... ..... ...... ..... ...... ......
==========================================================================================================================================================================
For Vice President:
Adlai E. Stevenson, of Illinois.......................... 11 8 8 ...... 6 3 4 13 ...... 24 15 ..... ...... 13 8 ...... 8 ..... 5 ...... 9 17 ......
Whitelaw Reid, of New York............................... ..... ..... 1 ...... ...... ..... ..... ..... ...... ..... ..... 13 ...... ..... ..... 6 ...... 15 9 9 ..... ...... 3
James G. Field, of Virginia.............................. ..... ..... ...... 4 ...... ..... ..... ..... 3 ..... ..... ..... 10 ..... ..... ...... ...... ..... ..... ...... ..... ...... ......
==========================================================================================================================================================================
Total electoral vote................................... 11 8 9 4 6 3 4 13 3 24 15 13 10 13 8 6 8 15 14 9 9 17 3
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
N. S.
Name of candidate Nebr. Nev. N.H. N.J. N.Y. N.C. Dak. Ohio Oreg. Pa. R.I. S.C. Dak. Tenn. Tex. Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Grover Cleveland, of New York................................. ...... ..... ..... 10 36 11 1 1 ...... ..... ..... 9 ...... 12 15 ..... 12 ....... 6 12 ...... 277
Benjamin Harrison, of Indiana................................. 8 ..... 4 ..... ..... ..... 1 22 3 32 4 ..... 4 ...... ..... 4 ..... 4 ....... ..... 3 145
James B. Weaver, of Iowa...................................... ...... 3 ..... ..... ..... ..... 1 ...... 1 ..... ..... ..... ...... ...... ..... ..... ..... ....... ....... ..... ...... 22
=====================================================================================================================================================================
For Vice President:
Adlai E. Stevenson, of Illinois............................... ...... ..... ..... 10 36 11 1 1 ...... ..... ..... 9 ...... 12 15 ..... 12 ....... 6 12 ...... 277
Whitelaw Reid, of New York.................................... 8 ..... 4 ..... ..... ..... 1 22 3 32 4 ..... 4 ...... ..... 4 ..... 4 ....... ..... 3 145
James G. Field, of Virginia................................... ...... 3 ..... ..... ..... ..... 1 ...... 1 ..... ..... ..... ...... ...... ..... ..... ..... ....... ....... ..... ...... 22
=====================================================================================================================================================================
Total electoral vote........................................ 8 3 4 10 36 11 3 23 4 32 4 9 4 12 15 4 12 4 6 12 3 444
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[1933]
[1933]
1933
ELECTION FOR THE TWENTY-EIGHTH TERM, 1897-1901
William McKinley, President; Garret A. Hobart,* Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
William McKinley, of Ohio.............................. ..... ..... 8 ...... 6 3 ..... ..... ...... 24 15 13 ...... 12 ..... 6 8 15 14 9 ...... ..... .....
William J. Bryan, of Nebraska.......................... 11 8 1 4 ...... ..... 4 13 3 ..... ..... ...... 10 1 8 ....... ..... ...... ...... ...... 9 17 3
============================================================================================================================================================================
For Vice President:
Garret A. Hobart, of New Jersey........................ ..... ..... 8 ...... 6 3 ..... ..... ...... 24 15 13 ...... 12 ..... 6 8 15 14 9 ...... ..... .....
Arthur Sewall, of Maine................................ 11 5 1 4 ...... ..... 4 13 3 ..... ..... ...... 10 1 4 ....... ..... ...... ...... ...... 9 13 2
Thomas E. Watson, of Georgia........................... ..... 3 ...... ...... ...... ..... ..... ..... ...... ..... ..... ...... ...... ..... 4 ....... ..... ...... ...... ...... ...... 4 1
============================================================================================================================================================================
Total electoral vote................................. 11 8 9 4 6 3 4 13 3 24 15 13 10 13 8 6 8 15 14 9 9 17 3
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
N. S.
Name of candidate Nebr. Nev. N.H. N.J. N.Y. N.C. Dak. Ohio Oreg. Pa. R.I. S.C. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
William McKinley, of Ohio............................... ...... ..... 4 10 36 ..... 3 23 4 32 4 ..... ...... ...... ..... ...... 4 ..... ...... 6 12 ..... 271
William J. Bryan, of Nebraska........................... 8 3 ..... ..... ..... 11 ...... ...... ...... ..... ..... 9 4 12 15 3 ..... 12 4 ....... ..... 3 176
===========================================================================================================================================================================
For Vice President:
Garret A. Hobart, of New Jersey......................... ...... ..... 4 10 36 ..... 3 23 4 32 4 ..... ...... ...... ..... ...... 4 ..... ...... 6 12 ..... 271
Arthur Sewall, of Maine................................. 4 3 ..... ..... ..... 6 ...... ...... ...... ..... ..... 9 2 12 15 2 ..... 12 2 ....... ..... 2 149
Thomas E. Watson, of Georgia............................ 4 ..... ..... ..... ..... 5 ...... ...... ...... ..... ..... ..... 2 ...... ..... 1 ..... ..... 2 ....... ..... 1 27
===========================================================================================================================================================================
Total electoral vote.................................. 8 3 4 10 36 11 3 23 4 32 4 9 4 12 15 3 4 12 4 6 12 3 447
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*Garret A. Hobart died at Paterson, N.J., Nov. 21, 1899, aged 55 years.
[1934]
[1934]
1934
ELECTION FOR THE TWENTY-NINTH TERM, 1901-1905
William McKinley,* President; Theodore Roosevelt, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
William McKinley, of Ohio.............................. ..... ..... 9 ...... 6 3 ..... ..... ...... 24 15 13 10 ..... ..... 6 8 15 14 9 ...... ..... ......
William J. Bryan, of Nebraska.......................... 11 8 ...... 4 ...... ..... 4 13 3 ..... ..... ...... ...... 13 8 ...... ..... ...... ...... ...... 9 17 3
============================================================================================================================================================================
For Vice President:
Theodore Roosevelt, of New York........................ ..... ..... 9 ...... 6 3 ..... ..... ...... 24 15 13 10 ..... ..... 6 8 15 14 9 ...... ..... ......
Adlai E. Stevenson, of Illinois........................ 11 8 ...... 4 ...... ..... 4 13 3 ..... ..... ...... ...... 13 8 ...... ..... ...... ...... ...... 9 17 3
============================================================================================================================================================================
Total electoral vote................................. 11 8 9 4 6 3 4 13 3 24 15 13 10 13 8 6 8 15 14 9 9 17 3
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
N. S.
Name of candidate Nebr. Nev. N.H. N.J. N.Y. N.C. Dak. Ohio Oreg. Pa. R.I. S.C. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
William McKinley, of Ohio.................................. 8 ..... 4 10 36 ..... 3 23 4 32 4 ..... 4 ..... ..... 3 4 ..... 4 6 12 3 292
William J. Bryan, of Nebraska.............................. ..... 3 ..... ..... ..... 11 ..... ..... ...... ..... ..... 9 ...... 12 15 ...... ..... 12 ....... ....... ..... ..... 155
========================================================================================================================================================================
For Vice President:
Theodore Roosevelt, of New York............................ 8 ..... 4 10 36 ..... 3 23 4 32 4 ..... 4 ..... ..... 3 4 ..... 4 6 12 3 292
Adlai E. Stevenson, of Illinois............................ ..... 3 ..... ..... ..... 11 ..... ..... ...... ..... ..... 9 ...... 12 15 ...... ..... 12 ....... ....... ..... ..... 155
========================================================================================================================================================================
Total electoral vote..................................... 8 3 4 10 36 11 3 23 4 32 4 9 4 12 15 3 4 12 4 6 12 3 447
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*William McKinley, the twenty-fourth President of the United States, was shot by an assassin Sept. 6, 1901, and died Sept. 14, 1901. The duties of the Presidential office devolving, in this event, upon the Vice President, Theodore
Roosevelt, he accordingly took the oath of office at Buffalo, N.Y., on Sept. 14, 1901.
[1935]
[1935]
1935
ELECTION FOR THE THIRTIETH TERM, 1905-1909
Theodore Roosevelt, President; Charles Warren Fairbanks, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Theodore Roosevelt, of New York........................ ..... ..... 10 5 7 3 ..... ..... 3 27 15 13 10 ..... ..... 6 1 16 14 11 ...... 18 3
Alton B. Parker, of New York........................... 11 9 ...... ...... ...... ..... 5 13 ...... ..... ..... ...... ...... 13 9 ...... 7 ...... ...... ...... 10 ..... ......
============================================================================================================================================================================
For Vice President:
Charles W. Fairbanks, of Indiana....................... ..... ..... 10 5 7 3 ..... ..... 3 27 15 13 10 ..... ..... 6 1 16 14 11 ...... 18 3
Henry G. Davis, of West Virginia....................... 11 9 ...... ...... ...... ..... 5 13 ...... ..... ..... ...... ...... 13 9 ...... 7 ...... ...... ...... 10 ..... ......
============================================================================================================================================================================
Total electoral vote................................. 11 9 10 5 7 3 5 13 3 27 15 13 10 13 9 6 8 16 14 11 10 18 3
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
N. S.
Name of candidate Nebr. Nev. N.H. N.J. N.Y. N.C. Dak. Ohio Oreg. Pa. R.I. S.C. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Theodore Roosevelt, of New York........................... 8 3 4 12 39 ..... 4 23 4 34 4 ...... 4 ..... ..... 3 4 ...... 5 7 13 3 336
Alton B. Parker, of New York.............................. ..... ..... ..... ..... ..... 12 ..... ..... ...... ..... ..... 9 ...... 12 18 ...... ..... 12 ...... ...... ...... ..... 140
=========================================================================================================================================================================
For Vice President:
Charles W. Fairbanks, of Indiana.......................... 8 3 4 12 39 ..... 4 23 4 34 4 ...... 4 ..... ..... 3 4 ...... 5 7 13 3 336
Henry G. Davis, of West Virginia.......................... ..... ..... ..... ..... ..... 12 ..... ..... ...... ..... ..... 9 ...... 12 18 ...... ..... 12 ...... ...... ...... ..... 140
=========================================================================================================================================================================
Total electoral vote.................................... 8 3 4 12 39 12 4 23 4 34 4 9 4 12 18 3 4 12 5 7 13 3 476
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[1936]
[1936]
1936
ELECTION FOR THE THIRTY-FIRST TERM, 1909-1913
William Howard Taft, President; James Schoolcraft Sherman,* Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
William H. Taft, of Ohio...................................... ..... ..... 10 ...... 7 3 ..... ... 3 27 15 13 10 ..... ... 6 2 16 14 11 ..... 18 3
William J. Bryan, of Nebraska................................. 11 9 ...... 5 ....... ..... 5 13 ....... .... ..... ...... ...... 13 9 ....... 6 ...... ...... ...... 10 ... ......
=====================================================================================================================================================================
For Vice President:
James S. Sherman, of New York................................. ..... ..... 10 ...... 7 3 ..... ... 3 27 15 13 10 ..... ... 6 2 16 14 11 ..... 18 3
John W. Kern, of Indiana...................................... 11 9 ...... 5 ....... ..... 5 13 ....... .... ..... ...... ...... 13 9 ....... 6 ...... ...... ...... 10 ... ......
=====================================================================================================================================================================
Total electoral vote........................................ 11 9 10 5 7 3 5 13 3 27 15 13 10 13 9 6 8 16 14 11 10 18 3
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Nebr. Nev. N.H. N.J. N.Y. N.C. N. Dak. Ohio Okla. Oreg. Pa. R.I. S.C. S. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
William H. Taft, of Ohio.............................. ...... ..... 4 12 39 ..... 4 23 ..... 4 34 4 ..... 4 ...... ..... 3 4 ... 5 7 13 3 321
William J. Bryan, of Nebraska......................... 8 3 ..... .... ..... 12 ........ ..... 7 ..... ... ..... 9 ........ 12 18 ...... ... 12 ...... ....... .... ..... 162
=============================================================================================================================================================================
For Vice President:
James S. Sherman, of New York......................... ...... ..... 4 12 39 ..... 4 23 ..... 4 34 4 ..... 4 ...... ..... 3 4 ... 5 7 13 3 321
John W. Kern, of Indiana.............................. 8 3 ..... .... ..... 12 ........ ..... 7 ..... ... ..... 9 ........ 12 18 ...... ... 12 ...... ....... .... ..... 162
=============================================================================================================================================================================
Total electoral vote................................ 8 3 4 12 39 12 4 23 7 4 34 4 9 4 12 18 3 4 12 5 7 13 3 483
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*James S. Sherman died at Utica, N.Y., Oct. 30, 1912, aged 57 years.
[1937]
[1937]
1937
ELECTION FOR THE THIRTY-SECOND TERM, 1913-1917
Woodrow Wilson, President; Thomas Riley Marshall, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ariz. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont. Neb.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Woodrow Wilson, of New Jersey........................... 12 3 9 2 6 7 3 6 14 4 29 15 13 10 13 10 6 8 18 ...... ...... 10 18 4 8
Theodore Roosevelt, of New York......................... .... ..... .... 11 ...... ...... .... .... ... ...... .... ..... ...... ...... ... ... ....... ... ...... 15 12 ..... ... ...... .....
William H. Taft, of Ohio................................ .... ..... .... ...... ...... ...... .... .... ... ...... .... ..... ...... ...... ... ... ....... ... ...... ...... ...... ..... ... ...... .....
===========================================================================================================================================================================
For Vice President:
Thomas R. Marshall, of Indiana.......................... 12 3 9 2 6 7 3 6 14 4 29 15 13 10 13 10 6 8 18 ...... ...... 10 18 4 8
Hiram W. Johnson, of California......................... .... ..... .... 11 ...... ...... .... .... ... ...... .... ..... ...... ...... ... ... ....... ... ...... 15 12 ..... ... ...... .....
Nicholas M. Butler,* of New York........................ .... ..... .... ...... ...... ...... .... .... ... ...... .... ..... ...... ...... ... ... ....... ... ...... ...... ...... ..... ... ...... .....
===========================================================================================================================================================================
Total electoral vote.................................. 12 3 9 13 6 7 3 6 14 4 29 15 13 10 13 10 6 8 18 15 12 10 18 4 8
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
N. N. S.
Name of candidate Nev. N.H. N.J. Mex. N.Y. N.C. Dak. Ohio Okla. Oreg. Pa. R.I. S.C. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Woodrow Wilson, of New Jersey............................... 3 4 14 3 45 12 5 24 10 5 ..... 5 9 .... 12 20 ..... ..... 12 ..... 8 13 3 435
Theodore Roosevelt, of New York............................. ..... ..... ..... ...... ..... ..... ..... ..... ..... ..... 38 .... .... 5 ...... ..... ..... ..... ... 7 ....... ..... ..... 88
William H. Taft, of Ohio.................................... ..... ..... ..... ...... ..... ..... ..... ..... ..... ..... ..... .... .... .... ...... ..... 4 4 ... ..... ....... ..... ..... 8
=======================================================================================================================================================================
For Vice President: .....
Thomas R. Marshall, of Indiana.............................. 3 4 14 3 45 12 5 24 10 5 ..... 5 9 .... 12 20 ..... ..... 12 ..... 8 13 3 435
Hiram W. Johnson, of California............................. ..... ..... ..... ...... ..... ..... ..... ..... ..... ..... 38 .... .... 5 ...... ..... ..... ..... ... 7 ....... ..... ..... 88
Nicholas M. Butler,* of New York............................ ..... ..... ..... ...... ..... ..... ..... ..... ..... ..... ..... .... .... .... ...... ..... 4 4 ... ..... ....... ..... ..... 8
=======================================================================================================================================================================
Total electoral vote.................................... 3 4 14 3 45 12 5 24 10 5 38 5 9 5 12 20 4 4 12 7 8 13 3 531
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*After the election, was selected to receive the electoral votes of the States of Utah and Vermont owing to the death of James S. Sherman.
[1938]
[1938]
1938
ELECTION FOR THE THIRTY-THIRD TERM, 1917-1921
Woodrow Wilson, President; Thomas Riley Marshall, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ariz. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Woodrow Wilson, of New Jersey.................. 12 3 9 13 6 ...... ..... 6 14 4 ..... ..... ...... 10 13 10 ...... 8 ...... ...... ...... 10 18 4
Charles E. Hughes, of New York................. ..... ...... ..... ...... ...... 7 3 ..... ..... ...... 29 15 13 ...... ..... ..... 6 ..... 18 15 12 ...... ..... ......
====================================================================================================================================================================================
For Vice President: ......
Thomas R. Marshall, of Indiana................. 12 3 9 13 6 ...... ..... 6 14 4 ..... ..... ...... 10 13 10 ...... 8 ...... ...... ...... 10 18 4
Charles W. Fairbanks, of Indiana............... ..... ...... ..... ...... ...... 7 3 ..... ..... ...... 29 15 13 ...... ..... ..... 6 ..... 18 15 12 ...... ..... ......
====================================================================================================================================================================================
Total electoral vote......................... 12 3 9 13 6 7 3 6 14 4 29 15 13 10 13 10 6 8 18 15 12 10 18 4
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
N. N. S.
Name of candidate Nebr. Nev. N.H. N.J. Mex. N.Y. N.C. Dak. Ohio Okla. Oreg. Pa. R.I. S.C. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Woodrow Wilson, of New Jersey............ 8 3 4 ..... 3 ..... 12 5 24 10 ...... ... ..... 9 ...... 12 20 4 ..... 12 7 1 ..... 3 277
Charles E. Hughes, of New York........... ...... ..... ..... 14 ...... 45 ..... ...... ...... ...... 5 38 5 ..... 5 ...... ..... ...... 4 ..... ...... 7 13 ...... 254
==========================================================================================================================================================================================
For Vice President:
Thomas R. Marshall, of Indiana........... 8 3 4 ..... 3 ..... 12 5 24 10 ...... ... ..... 9 ...... 12 20 4 ..... 12 7 1 ..... 3 277
Charles W. Fairbanks, of Indiana......... ...... ..... ..... 14 ...... 45 ..... ...... ...... ...... 5 38 5 ..... 5 ...... ..... ...... 4 ..... ...... 7 13 ...... 254
==========================================================================================================================================================================================
Total electoral vote..................... 8 3 4 14 3 45 12 5 24 10 5 38 5 9 5 12 20 4 4 12 7 8 13 3 531
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[1939]
[1939]
1939
ELECTION FOR THE THIRTY-FOURTH TERM, 1921-1925
Warren G. Harding,* President; Calvin Coolidge, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ariz. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont. Nebr.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Warren G. Harding, of Ohio............................ .... 3 .... 13 6 7 3 .... ... 4 29 15 13 10 ... ... 6 8 18 15 12 ..... 18 4 8
James M. Cox, of Ohio................................. 12 ..... 9 ...... ...... ...... .... 6 14 ...... .... ..... ...... ...... 13 10 ....... ... ...... ...... ...... 10 ... ...... .......
=============================================================================================================================================================================
For Vice President:
Calvin Coolidge, of Massachusetts..................... .... 3 .... 13 6 7 3 .... ... 4 29 15 13 10 ... ... 6 8 18 15 12 ..... 18 4 8
Franklin D. Roosevelt, of New York.................... 12 ..... 9 ...... ...... ...... .... 6 14 ...... .... ..... ...... ...... 13 10 ....... ... ...... ...... ...... 10 ... ...... .......
=============================================================================================================================================================================
Total electoral vote................................ 12 3 9 13 6 7 3 6 14 4 29 15 13 10 13 10 6 8 18 15 12 10 18 4 8
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Nev. N.H. N.J. N. Mex. N.Y. N.C. N. Dak. Ohio Okla. Oreg. Pa. R.I. S.C. S. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Warren G. Harding, of Ohio.......................... 3 4 14 3 45 ..... 5 24 10 5 38 5 .... 5 12 ..... 4 4 ... 7 8 13 3 404
James M. Cox, of Ohio............................... ..... ..... ..... ........ ..... 12 ........ ..... ..... ..... ... .... 9 ........ ...... 20 ...... ... 12 ...... ....... ..... ...... 127
===============================================================================================================================================================================
For Vice President:
Calvin Coolidge, of Massachusetts................... 3 4 14 3 45 ..... 5 24 10 5 38 5 .... 5 12 ..... 4 4 ... 7 8 13 3 404
Franklin D. Roosevelt, of New York.................. ..... ..... ..... ........ ..... 12 ........ ..... ..... ..... ... .... 9 ........ ...... 20 ...... ... 12 ...... ....... ..... ...... 127
===============================================================================================================================================================================
Total electoral vote.............................. 3 4 14 3 45 12 5 24 10 5 38 5 9 5 12 20 4 4 12 7 8 13 3 531
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*Warren G. Harding, the twenty-eighth President of the United States, died on Aug. 2, 1923. The duties of the Presidential office devolving, in this event, upon the Vice President, Calvin Coolidge, he accordingly took the oath of
office at Plymouth, Vt., on Aug. 3, 1923.
[1940]
[1940]
1940
ELECTION FOR THE THIRTY-FIFTH TERM, 1925-1929
Calvin Coolidge, President; Charles G. Dawes, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ariz. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont. Nebr.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Calvin Coolidge, of Massachusetts......................... .... 3 .... 13 6 7 3 .... ... 4 29 15 13 10 13 ... 6 8 18 15 12 ..... 18 4 8
John W. Davis, of West Virginia........................... 12 ..... 9 ...... ..... ...... .... 6 14 ...... .... ..... ...... ...... ... 10 ...... ... ...... ...... ...... 10 ... ...... .....
Robert M. La Follette, of Wisconsin....................... .... ..... .... ...... ..... ...... .... .... ... ...... .... ..... ...... ...... ... ... ...... ... ...... ...... ...... ..... ... ...... .....
=========================================================================================================================================================================
For Vice President:
Charles G. Dawes, of Illinois............................. .... 3 .... 13 6 7 3 .... ... 4 29 15 13 10 13 ... 6 8 18 15 12 ..... 18 4 8
Charles W. Bryan, of Nebraska............................. 12 ..... 9 ...... ..... ...... .... 6 14 ...... .... ..... ...... ...... ... 10 ...... ... ...... ...... ...... 10 ... ...... .....
Burton K. Wheeler, of Montana............................. .... ..... .... ...... ..... ...... .... .... ... ...... .... ..... ...... ...... ... ... ...... ... ...... ...... ...... ..... ... ...... .....
=========================================================================================================================================================================
Total electoral vote.................................... 12 3 9 13 6 7 3 6 14 4 29 15 13 10 13 10 6 8 18 15 12 10 18 4 8
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
N. N. S.
Name of candidate Nev. N.H. N.J. Mex. N.Y. N.C. Dak. Ohio Okla. Oreg. Pa. R.I. S.C. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Calvin Coolidge, of 3 4 14 3 45 .... 5 24 ...... 5 38 5 ..... 5 ..... .... 4 4 ... 7 8 .... 3 382
Massachusetts............
John W. Davis, of West ..... .... ..... ..... ..... 12 .... .... 10 ..... ..... ..... 9 .... 12 20 ...... ... 12 ...... ....... .... .... 136
Virginia.................
Robert M. La Follette, of ..... .... ..... ..... ..... .... .... .... ...... ..... ..... ..... ..... .... ..... .... ...... ... ... ...... ....... 13 .... 13
Wisconsin................
=================================================================================================================================================================
For Vice President:
Charles G. Dawes, of 3 4 14 3 45 .... 5 24 ...... 5 38 5 ..... 5 ..... .... 4 4 ... 7 8 .... 3 382
Illinois.................
Charles W. Bryan, of ..... .... ..... ..... ..... 12 .... .... 10 ..... ..... ..... 9 .... 12 20 ...... ... 12 ...... ....... .... .... 136
Nebraska.................
Burton K. Wheeler, of ..... .... ..... ..... ..... .... .... .... ...... ..... ..... ..... ..... .... ..... .... ...... ... ... ...... ....... 13 .... 13
Montana..................
=================================================================================================================================================================
Total electoral vote.... 3 4 14 3 45 12 5 24 10 5 38 5 9 5 12 20 4 4 12 7 8 13 3 531
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[1941]
[1941]
1941
ELECTION FOR THE THIRTY-SIXTH TERM, 1929-1933
Herbert C. Hoover, President; Charles Curtis, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ariz. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont. Nebr.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Herbert C. Hoover, of California........................ .... 3 .... 13 6 7 3 6 ... 4 29 15 13 10 13 ... 6 8 ...... 15 12 ..... 18 4 8
Alfred E. Smith, of New York............................ 12 ..... 9 ...... ...... ...... .... .... 14 ...... .... ..... ...... ...... ... 10 ....... ... 18 ...... ...... 10 ... ...... .....
===========================================================================================================================================================================
For Vice President:
Charles Curtis, of Kansas............................... .... 3 .... 13 6 7 3 6 ... 4 29 15 13 10 13 ... 6 8 ...... 15 12 ..... 18 4 8
Joseph T. Robinson, of Arkansas......................... 12 ..... 9 ...... ...... ...... .... .... 14 ...... .... ..... ...... ...... ... 10 ....... ... 18 ...... ...... 10 ... ...... .....
===========================================================================================================================================================================
Total electoral vote.................................. 12 3 9 13 6 7 3 6 14 4 29 15 13 10 13 10 6 8 18 15 12 10 18 4 8
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
N. N. S.
Name of candidate Nev. N.H. N.J. Mex. N.Y. N.C. Dak. Ohio Okla. Oreg. Pa. R.I. S.C. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Herbert C. Hoover, of 3 4 14 3 45 12 5 24 10 5 38 ..... ..... 5 12 20 4 4 12 7 8 13 3 444
California..............
Alfred E. Smith, of New ..... .... ..... ...... ..... .... .... .... ..... ..... ..... 5 9 .... ..... .... ..... ... ..... ...... ....... .... .... 87
York....................
==================================================================================================================================================================
For Vice President:
Charles Curtis, of Kansas 3 4 14 3 45 12 5 24 10 5 38 ..... ..... 5 12 20 4 4 12 7 8 13 3 444
Joseph T. Robinson, of ..... .... ..... ...... ..... .... .... .... ..... ..... ..... 5 9 .... ..... .... ..... ... ..... ...... ....... .... .... 87
Arkansas................
==================================================================================================================================================================
Total electoral vote... 3 4 14 3 45 12 5 24 10 5 38 5 9 5 12 20 4 4 12 7 8 13 8 531
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[1942]
[1942]
1942
ELECTION FOR THE THIRTY-SEVENTH TERM, 1933-1937
Franklin D. Roosevelt, President; John N. Garner, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ariz. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Franklin D. Roosevelt, of New York........................... 11 3 9 22 6 ....... .... 7 12 4 29 14 11 9 11 10 ....... 8 17 19 11 9 15 4
Herbert C. Hoover, of California............................. .... ..... .... ...... ...... 8 3 .... ... ....... .... ..... ...... ...... ... ... 5 ... ...... ...... ...... ..... ... ......
======================================================================================================================================================================
For Vice President:
John N. Garner, of Texas..................................... 11 3 9 22 6 ....... .... 7 12 4 29 14 11 9 11 10 ....... 8 17 19 11 9 15 4
Charles Curtis, of Kansas.................................... .... ..... .... ...... ...... 8 3 .... ... ....... .... ..... ...... ...... ... ... 5 ... ...... ...... ...... ..... ... ......
======================================================================================================================================================================
Total electoral vote....................................... 11 3 9 22 6 8 3 7 12 4 29 14 11 9 11 10 5 8 17 19 11 9 15 4
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
N. N. S.
Name of candidate Nebr. Nev. N.H. N.J. Mex. N.Y. N.C. Dak. Ohio Okla. Oreg. Pa. R.I. S.C. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Franklin D. Roosevelt, of New York........................ 7 3 .... 16 3 47 13 4 26 11 5 ..... 4 8 4 11 23 4 ... 11 8 8 12 3 472
Herbert C. Hoover, of California.......................... ..... ..... 4 ..... ...... ..... .... .... .... ..... ..... 36 ..... ..... ..... ..... .... ...... 3 ... ...... ....... .... .... 59
=========================================================================================================================================================================
For Vice President:
John N. Garner, of Texas.................................. 7 3 .... 16 3 47 13 4 26 11 5 ..... 4 8 4 11 23 4 ... 11 8 8 12 3 472
Charles Curtis, of Kansas................................. ..... ..... 4 ..... ...... ..... .... .... .... ..... ..... 36 ..... ..... ..... ..... .... ...... 3 ... ...... ....... .... .... 59
=========================================================================================================================================================================
Total electoral vote.................................... 7 3 4 16 3 47 13 4 26 11 5 36 4 8 4 11 23 4 3 11 8 8 12 3 531
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[1943]
[1943]
1943
ELECTION FOR THE THIRTY-EIGHTH TERM, 1937-1941
Franklin D. Roosevelt, President; John N. Garner, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ariz. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Franklin D. Roosevelt, of New York........................... 11 3 9 22 6 8 3 7 12 4 29 14 11 9 11 10 ....... 8 17 19 11 9 15 4
Alfred M. Landon, of Kansas.................................. .... ..... .... ...... ...... ....... .... .... ... ....... .... ..... ...... ...... ... ... 5 ... ...... ...... ...... ..... ... ......
======================================================================================================================================================================
For Vice President:
John N. Garner, of Texas..................................... 11 3 9 22 6 8 3 7 12 4 29 14 11 9 11 10 ....... 8 17 19 11 9 15 4
Frank Knox, of Illinois...................................... .... ..... .... ...... ...... ....... .... .... ... ....... .... ..... ...... ...... ... ... 5 ... ...... ...... ...... ..... ... ......
======================================================================================================================================================================
Total electoral vote....................................... 11 3 9 22 6 8 3 7 12 4 29 14 11 9 11 10 5 8 17 19 11 9 15 4
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
N. N. S.
Name of candidate Nebr. Nev. N.H. N.J. Mex. N.Y. N.C. Dak. Ohio Okla. Oreg. Pa. R.I. S.C. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Franklin D. Roosevelt, of New York................ 7 3 4 16 3 47 13 4 26 11 5 36 4 8 4 11 23 4 ... 11 8 8 12 3 523
Alfred M. Landon, of Kansas....................... ...... ..... ..... ..... ...... ..... ..... ...... ..... ..... ..... ... .... .... ...... ...... ..... ...... 3 ... ...... ....... ..... ...... 8
=================================================================================================================================================================================
For Vice President:
John N. Garner, of Texas.......................... 7 3 4 16 3 47 13 4 26 11 5 36 4 8 4 11 23 4 ... 11 8 8 12 3 523
Frank Knox, of Illinois........................... ...... ..... ..... ..... ...... ..... ..... ...... ..... ..... ..... ... .... .... ...... ...... ..... ...... 3 ... ...... ....... ..... ...... 8
=================================================================================================================================================================================
Total electoral vote............................ 7 3 4 16 3 47 13 4 26 11 5 36 4 8 4 11 23 4 3 11 8 8 12 3 531
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[1944]
[1944]
1944
ELECTION FOR THE THIRTY-NINTH TERM, 1941-1945
Franklin D. Roosevelt, President; Henry A. Wallace, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ariz. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Franklin D. Roosevelt, of New York........................... 11 3 9 22 ...... 8 3 7 12 4 29 ..... ...... ...... 11 10 ....... 8 17 ...... 11 9 15 4
Wendell L. Willkie, of New York.............................. .... ..... .... ...... 6 ....... .... .... ... ....... .... 14 11 9 ... ... 5 ... ...... 19 ...... ..... ... ......
======================================================================================================================================================================
For Vice President:
Henry A. Wallace, of Iowa.................................... 11 3 9 22 ...... 8 3 7 12 4 29 ..... ...... ...... 11 10 ....... 8 17 ...... 11 9 15 4
Charles L. McNary, of Oregon................................. .... ..... .... ...... 6 ....... .... .... ... ....... .... 14 11 9 ... ... 5 ... ...... 19 ...... ..... ... ......
======================================================================================================================================================================
Total electoral vote....................................... 11 3 9 22 6 8 3 7 12 4 29 14 11 9 11 10 5 8 17 19 11 9 15 4
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
N. N. S.
Name of candidate Nebr. Nev. N.H. N.J. Mex. N.Y. N.C. Dak. Ohio Okla. Oreg. Pa. R.I. S.C. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Franklin D. Roosevelt, of New York................ ...... 3 4 16 3 47 13 ...... 26 11 5 36 4 8 ...... 11 23 4 ... 11 8 8 12 3 449
Wendell L. Willkie, of New York................... 7 ..... ..... ..... ...... ..... ..... 4 ..... ..... ..... ... .... .... 4 ...... ..... ...... 3 ... ...... ....... ..... ...... 82
=================================================================================================================================================================================
For Vice President:
Henry A. Wallace, of Iowa......................... ...... 3 4 16 3 47 13 ...... 26 11 5 36 4 8 ...... 11 23 4 ... 11 9 9 12 3 449
Charles L. McNary, of Oregon...................... 7 ..... ..... ..... ...... ..... ..... 4 ..... ..... ..... ... .... .... 4 ...... ..... ...... 3 ... ...... ....... ..... ...... 82
=================================================================================================================================================================================
Total electoral vote............................ 7 3 4 16 3 47 13 4 26 11 5 36 4 8 4 11 23 4 3 11 8 8 12 3 531
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[1945]
[1945]
1945
ELECTION FOR THE FORTIETH TERM, 1945-1949
Franklin D. Roosevelt,* President; Harry S. Truman, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ariz. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Franklin D. Roosevelt, of New York........................... 11 4 9 25 ...... 8 3 8 12 4 28 ..... ...... ...... 11 10 ....... 8 16 19 11 9 15 4
Thomas E. Dewey, of New York................................. .... ..... .... ...... 6 ....... .... .... ... ....... .... 13 10 8 ... ... 5 ... ...... ...... ...... ..... ... ......
======================================================================================================================================================================
For Vice President:
Harry S. Truman, of Missouri................................. 11 4 9 25 ...... 8 3 8 12 4 28 ..... ...... ...... 11 10 ....... 8 16 19 11 9 15 4
John W. Bricker, of Ohio..................................... .... ..... .... ...... 6 ....... .... .... ... ....... .... 13 10 8 ... ... 5 ... ...... ...... ...... ..... ... ......
======================================================================================================================================================================
Total electoral vote....................................... 11 4 9 25 6 8 3 8 12 4 28 13 10 8 11 10 5 8 16 19 11 9 15 4
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Nebr. Nev. N.H. N.J. N. Mex. N.Y. N.C. N. Dak. Ohio Okla. Oreg. Pa. R.I. S.C. S. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Franklin D. Roosevelt, of New York............. ...... 3 4 16 4 47 14 ....... ..... 10 6 35 4 8 ....... 12 23 4 ... 11 8 8 ..... ...... 432
Thomas E. Dewey, of New York................... 6 ..... ..... ..... ....... ..... ..... 4 25 ..... ..... ... .... .... 4 ...... ..... ...... 3 ... ...... ....... 12 3 99
====================================================================================================================================================================================
For Vice President:
Harry S. Truman, of Missouri................... ...... 3 4 16 4 47 14 ....... ..... 10 6 35 4 8 ....... 12 23 4 ... 11 8 8 ..... ...... 432
John W. Bricker, of Ohio....................... 6 ..... ..... ..... ....... ..... ..... 4 25 ..... ..... ... .... .... 4 ...... ..... ...... 3 ... ...... ....... 12 3 99
====================================================================================================================================================================================
Total electoral vote......................... 6 3 4 16 4 47 14 4 25 10 6 35 4 8 4 12 23 4 3 11 8 8 12 3 531
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*Franklin D. Roosevelt, the thirty-first President of the United States, died on April 12, 1945. The duties of the Presidential office devolving, in this event, upon the Vice President, Harry S. Truman, he accordingly took the oath
of office at Washington, D.C., on April 12, 1945.
[1946]
[1946]
1946
ELECTION FOR THE FORTY-FIRST TERM, 1949-1953
Harry S. Truman, President; Alben W. Barkley, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ariz. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Harry S. Truman, of Missouri................................... .... 4 9 25 6 ...... .... 8 12 4 28 ..... 10 ...... 11 ... ....... ... 16 ...... 11 ..... 15 4
Thomas E. Dewey, of New York................................... .... ..... .... ...... ...... 8 3 .... ... ...... .... 13 ...... 8 ... ... 5 8 ...... 19 ...... ..... ... ......
J. Strom Thurmond, of South Carolina........................... 11 ..... .... ...... ...... ...... .... .... ... ...... .... ..... ...... ...... ... 10 ....... ... ...... ...... ...... 9 ... ......
====================================================================================================================================================================
For Vice President:
Alben W. Barkley, of Kentucky.................................. .... 4 9 25 6 ...... .... 8 12 4 28 ..... 10 ...... 11 ... ....... ... 16 ...... 11 ..... 15 4
Earl Warren, of California..................................... .... ..... .... ...... ...... 8 3 .... ... ...... .... 13 ...... 8 ... ... 5 8 ...... 19 ...... ..... ... ......
Fielding L. Wright, of Mississippi............................. 11 ..... .... ...... ...... ...... .... .... ... ...... .... ..... ...... ...... ... 10 ....... ... ...... ...... ...... 9 ... ......
====================================================================================================================================================================
Total electoral vote......................................... 11 4 9 25 6 8 3 8 12 4 28 13 10 8 11 10 5 8 16 19 11 9 15 4
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Nebr. Nev. N.H. N.J. N. Mex. N.Y. N.C. N. Dak. Ohio Okla. Oreg. Pa. R.I. S.C. S. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Harry S. Truman, of Missouri................... ...... 3 ..... ..... 4 ..... 14 ....... 25 10 ..... ... 4 .... ....... 11 23 4 ... 11 8 8 12 3 303
Thomas E. Dewey, of New York................... 6 ..... 4 16 ....... 47 ..... 4 ..... ..... 6 35 .... .... 4 ...... ..... ...... 3 ... ...... ....... ..... ...... 189
J. Strom Thurmond, of South Carolina........... ...... ..... ..... ..... ....... ..... ..... ....... ..... ..... ..... ... .... 8 ....... 1 ..... ...... ... ... ...... ....... ..... ...... 39
====================================================================================================================================================================================
For Vice President:
Alben W. Barkley, of Kentucky.................. ...... 3 ..... ..... 4 ..... 14 ....... 25 10 ..... ... 4 .... ....... 11 23 4 ... 11 8 8 12 3 303
Earl Warren, of California..................... 6 ..... 4 16 ....... 47 ..... 4 ..... ..... 6 35 .... .... 4 ...... ..... ...... 3 ... ...... ....... ..... ...... 189
Fielding L. Wright, of Mississippi............. ...... ..... ..... ..... ....... ..... ..... ....... ..... ..... ..... ... .... 8 ....... 1 ..... ...... ... ... ...... ....... ..... ...... 39
====================================================================================================================================================================================
Total electoral vote......................... 6 3 4 16 4 47 14 4 25 10 6 35 4 8 4 12 23 4 3 11 8 8 12 3 531
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[1947]
[1947]
1947
ELECTION FOR THE FORTY-SECOND TERM, 1953-1957
Dwight D. Eisenhower, President; Richard M. Nixon, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ariz. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Dwight D. Eisenhower, of New York............................. .... 4 .... 32 6 8 3 10 ... 4 27 13 10 8 ... ... 5 9 16 20 11 ..... 13 4
Adlai Stevenson, of Illinois.................................. 11 ..... 8 ...... ...... ...... .... .... 12 ....... .... ..... ...... ...... 10 10 ....... ... ...... ...... ...... 8 ... ......
=====================================================================================================================================================================
For Vice President:
Richard M. Nixon, of California............................... .... 4 .... 32 6 8 3 10 ... 4 27 13 10 8 ... ... 5 9 16 20 11 ..... 13 4
John Sparkman, of Alabama..................................... 11 ..... 8 ...... ...... ...... .... .... 12 ....... .... ..... ...... ...... 10 10 ....... ... ...... ...... ...... 8 ... ......
=====================================================================================================================================================================
Total electoral vote........................................ 11 4 8 32 6 8 3 10 12 4 27 13 10 8 10 10 5 9 16 20 11 8 13 4
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Nebr. Nev. N.H. N.J. N. Mex N.Y. N.C. N. Dak. Ohio Okla. Oreg. Pa. R.I. S.C. S. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Dwight D. Eisenhower, of New York.............. 6 3 4 16 4 45 ..... 4 25 8 6 32 4 .... 4 11 24 4 3 12 9 ....... 12 3 442
Adlai Stevenson, of Illinois................... ...... ..... ..... ..... ....... ..... 14 ....... ..... ..... ..... ... .... 8 ....... ...... ..... ...... ... ... ...... 8 ..... ...... 89
====================================================================================================================================================================================
For Vice President:
Richard M. Nixon, of California................ 6 3 4 16 4 45 ..... 4 25 8 6 32 4 .... 4 11 24 4 3 12 9 ....... 12 3 442
John Sparkman, of Alabama...................... ...... ..... ..... ..... ....... ..... 14 ....... ..... ..... ..... ... .... 8 ....... ...... ..... ...... ... ... ...... 8 ..... ...... 89
====================================================================================================================================================================================
Total electoral vote......................... 6 3 4 16 4 45 14 4 25 8 6 32 4 8 4 11 24 4 3 12 9 8 12 3 531
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[1948]
[1948]
1948
ELECTION FOR THE FORTY-THIRD TERM, 1957-1961
Dwight D. Eisenhower, President; Richard M. Nixon, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ariz. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Dwight D. Eisenhower, of .... 4 .... 32 6 8 3 10 ... 4 27 13 10 8 10 10 5 9 16 20 11 ..... ... 4
Pennsylvania............
Adlai Stevenson, of 10 ..... 8 ...... ..... ...... .... .... 12 ...... .... ..... ...... ...... ... ... ...... ... ...... ...... ...... 8 13 ......
Illinois................
Walter B. Jones, of 1 ..... .... ...... ..... ...... .... .... ... ...... .... ..... ...... ...... ... ... ...... ... ...... ...... ...... ..... ... ......
Alabama.................
==================================================================================================================================================================
For Vice President:
Richard M. Nixon, of .... 4 .... 32 6 8 3 10 ... 4 27 13 10 8 10 10 5 9 16 20 11 ..... ... 4
California..............
Estes Kefauver, of 10 ..... 8 ...... ..... ...... .... .... 12 ...... .... ..... ...... ...... ... ... ...... ... ...... ...... ...... 8 13 ......
Tennessee...............
Herman Talmadge, of 1 ..... .... ...... ..... ...... .... .... ... ...... .... ..... ...... ...... ... ... ...... ... ...... ...... ...... ..... ... ......
Georgia.................
==================================================================================================================================================================
Total electoral vote... 11 4 8 32 6 8 3 10 12 4 27 13 10 8 10 10 5 9 16 20 11 8 13 4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Nebr. Nev. N.H. N.J. N. Mex. N.Y. N.C. N. Dak. Ohio Okla. Oreg. Pa. R.I. S.C. S. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Dwight D. Eisenhower, of Pennsylvania.......... 6 3 4 16 4 45 ..... 4 25 8 6 32 4 .... 4 11 24 4 3 12 9 8 12 3 457
Adlai Stevenson, of Illinois................... ...... ..... ..... ..... ....... ..... 14 ....... ..... ..... ..... ... .... 8 ....... ...... ..... ...... ... ... ...... ....... ..... ...... 73
Walter B. Jones, of Alabama.................... ...... ..... ..... ..... ....... ..... ..... ....... ..... ..... ..... ... .... .... ....... ...... ..... ...... ... ... ...... ....... ..... ...... 1
====================================================================================================================================================================================
For Vice President:
Richard M. Nixon, of California................ 6 3 4 16 4 45 ..... 4 25 8 6 32 4 .... 4 11 24 4 3 12 9 8 12 3 457
Estes Kefauver, of Tennessee................... ...... ..... ..... ..... ....... ..... 14 ....... ..... ..... ..... ... .... 8 ....... ...... ..... ...... ... ... ...... ....... ..... ...... 73
Herman Talmadge, of Georgia.................... ...... ..... ..... ..... ....... ..... ..... ....... ..... ..... ..... ... .... .... ....... ...... ..... ...... ... ... ...... ....... ..... ...... 1
====================================================================================================================================================================================
Total electoral vote......................... 6 3 4 16 4 45 14 4 25 8 6 32 4 8 4 11 24 4 3 12 9 8 12 3 531
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[1949]
[1949]
1949
ELECTION FOR THE FORTY-FOURTH TERM, 1961-1965
John F. Kennedy,* President; Lyndon B. Johnson, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Alaska Ariz. Ark. Calif. Colo. Conn. Del. Fla. Ga. Hawaii Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
John F. Kennedy, of Massachusetts.................... 5 ....... ..... 8 ...... ..... 8 3 .... 12 3 ...... 27 .... ..... ...... ... 10 ...... 9 16 20 11 ..... 13 .....
Richard M. Nixon, of California...................... .... 3 4 .... 32 6 ...... .... 10 ... ....... 4 .... 13 10 8 10 ... 5 ... ..... ..... ..... ..... ... .....
Harry F. Byrd, of Virginia........................... 6 ....... ..... .... ...... ..... ...... .... .... ... ....... ...... .... .... ..... ...... ... ... ...... ... ..... ..... ..... 8 ... .....
==============================================================================================================================================================================
For Vice President:
Lyndon B. Johnson, of Texas.......................... 5 ....... ..... 8 ...... ..... 8 3 .... 12 3 ...... 27 .... ..... ...... ... 10 ...... 9 16 20 11 ..... 13 .....
Henry Cabot Lodge, of Massachusetts.................. .... 3 4 .... 32 6 ...... .... 10 ... ....... 4 .... 13 10 8 10 ... 5 ... ..... ..... ..... ..... ... 4
Strom Thurmond, of South Carolina.................... 6 ....... ..... .... ...... ..... ...... .... .... ... ....... ...... .... .... ..... ...... ... ... ...... ... ..... ..... ..... 8 ... .....
Barry Goldwater, of Arizona.......................... .... ....... ..... .... ...... ..... ...... .... .... ... ....... ...... .... .... ..... ...... ... ... ...... ... ..... ..... ..... ..... ... .....
==============================================================================================================================================================================
Total electoral vote............................... 11 3 4 8 32 6 8 3 10 12 3 4 27 13 10 8 10 10 5 9 16 20 11 8 13 4
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
N. N. S. W.
Name of candidate Nebr. Nev. N.H. N.J. Mex. N.Y. N.C. Dak. Ohio Okla. Oreg. Pa. R.I. S.C. Dak. Tenn. Tex. Utah Vt. Va. Wash. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
John F. Kennedy, of Massachusetts.......................... ..... 3 ..... 16 4 45 14 ..... ..... ..... ..... 32 4 8 ..... ...... 24 ..... ... ... ...... 8 ..... ..... 303
Richard M. Nixon, of California............................ 6 .... 4 ..... ..... ..... ..... 4 25 7 6 ... .... .... 4 11 ..... 4 3 12 9 ..... 12 3 219
Harry F. Byrd, of Virginia................................. ..... .... ..... ..... ..... ..... ..... ..... ..... 1 ..... ... .... .... ..... ...... ..... ..... ... ... ...... ..... ..... ..... 15
========================================================================================================================================================================
For Vice President:
Lyndon B. Johnson, of Texas................................ ..... 3 ..... 16 4 45 14 ..... ..... ..... ..... 32 4 8 ..... ...... 24 ..... ... ... ...... 8 ..... ..... 303
Henry Cabot Lodge, of Massachusetts........................ 6 .... 4 ..... ..... ..... ..... 4 25 7 6 ... .... .... 4 11 ..... 4 3 12 9 ..... 12 3 219
Strom Thurmond, of South Carolina.......................... ..... .... ..... ..... ..... ..... ..... ..... ..... ..... ..... ... .... .... ..... ...... ..... ..... ... ... ...... ..... ..... ..... 14
Barry Goldwater, of Arizona................................ ..... .... ..... ..... ..... ..... ..... ..... ..... 1 ..... ... .... .... ..... ...... ..... ..... ... ... ...... ..... ..... ..... 1
========================================================================================================================================================================
Total electoral vote..................................... 6 3 4 16 4 45 14 4 25 8 6 32 4 8 4 11 24 4 3 12 9 8 12 3 537
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*John F. Kennedy, the thirty-fourth President of the United States, was assassinated on November 22, 1963. The duties of the Presidential office devolving, in this event, upon the Vice President, Lyndon B. Johnson, he accordingly
took the oath of office at Dallas, Tex., on November 22, 1963.
electoral votes for president and vice president
electoral votes for president and vice president
electoral votes for president and vice president
____________________________________________________________
[1950]
[1950]
1950
ELECTION FOR THE FORTY-FIFTH TERM, 1965-1969
Lyndon B. Johnson, President; Hubert H. Humphrey, Vice President
----------------------------------------------------------------------------------------------------------------
For President For Vice President
Electoral -------------------------------------------------------
State vote of Lyndon B. Barry M. Hubert H. William E.
each State Johnson, of Goldwater, Humphrey, of Miller, of
Texas of Arizona Minnesota New York
----------------------------------------------------------------------------------------------------------------
Alabama.................................... 10 ............ 10 ............ 10
Alaska..................................... 3 3 ............ 3 ............
Arizona.................................... 5 ............ 5 ............ 5
Arkansas................................... 6 6 ............ 6 ............
California................................. 40 40 ............ 40 ............
Colorado................................... 6 6 ............ 6 ............
Connecticut................................ 8 8 ............ 8 ............
Delaware................................... 3 3 ............ 3 ............
District of Columbia....................... 3 3 ............ 3 ............
Florida.................................... 14 14 ............ 14 ............
Georgia.................................... 12 ............ 12 ............ 12
Hawaii..................................... 4 4 ............ 4 ............
Idaho...................................... 4 4 ............ 4 ............
Illinois................................... 26 26 ............ 26 ............
Indiana.................................... 13 13 ............ 13 ............
Iowa....................................... 9 9 ............ 9 ............
Kansas..................................... 7 7 ............ 7 ............
Kentucky................................... 9 9 ............ 9 ............
Louisiana.................................. 10 ............ 10 ............ 10
Maine...................................... 4 4 ............ 4 ............
Maryland................................... 10 10 ............ 10 ............
Massachusetts.............................. 14 14 ............ 14 ............
Michigan................................... 21 21 ............ 21 ............
Minnesota.................................. 10 10 ............ 10 ............
Mississippi................................ 7 ............ 7 ............ 7
Missouri................................... 12 12 ............ 12 ............
Montana.................................... 4 4 ............ 4 ............
Nebraska................................... 5 5 ............ 5 ............
Nevada..................................... 3 3 ............ 3 ............
New Hampshire.............................. 4 4 ............ 4 ............
New Jersey................................. 17 17 ............ 17 ............
New Mexico................................. 4 4 ............ 4 ............
New York................................... 43 43 ............ 43 ............
North Carolina............................. 13 13 ............ 13 ............
North Dakota............................... 4 4 ............ 4 ............
Ohio....................................... 26 26 ............ 26 ............
Oklahoma................................... 8 8 ............ 8 ............
Oregon..................................... 6 6 ............ 6 ............
Pennsylvania............................... 29 29 ............ 29 ............
Rhode Island............................... 4 4 ............ 4 ............
South Carolina............................. 8 ............ 8 ............ 8
South Dakota............................... 4 4 ............ 4 ............
Tennessee.................................. 11 11 ............ 11 ............
Texas...................................... 25 25 ............ 25 ............
Utah....................................... 4 4 ............ 4 ............
Vermont.................................... 3 3 ............ 3 ............
Virginia................................... 12 12 ............ 12 ............
Washington................................. 9 9 ............ 9 ............
West Virginia.............................. 7 7 ............ 7 ............
Wisconsin.................................. 12 12 ............ 12 ............
Wyoming.................................... 3 3 ............ 3 ............
--------------------------------------------------------------------
Total................................ 538 486 52 486 52
----------------------------------------------------------------------------------------------------------------
[1951]
[1951]
1951
ELECTION FOR THE FORTY-SIXTH TERM, 1969-1973
Richard M. Nixon, President; Spiro T. Agnew, Vice President
----------------------------------------------------------------------------------------------------------------
For President For Vice President
---------------------------------------------------------------
Electoral Richard
State vote of M. Hubert H. George C. Spiro T. Edmund Curtis E.
each Nixon, Humphrey, Wallace, Agnew, S. LeMay, of
State of New of of of Muskie, California
York Minnesota Alabama Maryland of Maine
----------------------------------------------------------------------------------------------------------------
Alabama.............................. 10 ........ ......... 10 ........ ........ 10
Alaska............................... 3 3 ......... ......... 3 ........ ..........
Arizona.............................. 5 5 ......... ......... 5 ........ ..........
Arkansas............................. 6 ........ ......... 6 ........ ........ 6
California........................... 40 40 ......... ......... 40 ........ ..........
Colorado............................. 6 6 ......... ......... 6 ........ ..........
Connecticut.......................... 8 ........ 8 ......... ........ 8 ..........
Delaware............................. 3 3 ......... ......... 3 ........ ..........
District of Columbia................. 3 ........ 3 ......... ........ 3 ..........
Florida.............................. 14 14 ......... ......... 14 ........ ..........
Georgia.............................. 12 ........ ......... 12 ........ ........ 12
Hawaii............................... 4 ........ 4 ......... ........ 4 ..........
Idaho................................ 4 4 ......... ......... 4 ........ ..........
Illinois............................. 26 26 ......... ......... 26 ........ ..........
Indiana.............................. 13 13 ......... ......... 13 ........ ..........
Iowa................................. 9 9 ......... ......... 9 ........ ..........
Kansas............................... 7 7 ......... ......... 7 ........ ..........
Kentucky............................. 9 9 ......... ......... 9 ........ ..........
Louisiana............................ 10 ........ ......... 10 ........ ........ 10
Maine................................ 4 ........ 4 ......... ........ 4 ..........
Maryland............................. 10 ........ 10 ......... ........ 10 ..........
Massachusetts........................ 14 ........ 14 ......... ........ 14 ..........
Michigan............................. 21 ........ 21 ......... ........ 21 ..........
Minnesota............................ 10 ........ 10 ......... ........ 10 ..........
Mississippi.......................... 7 ........ ......... 7 ........ ........ 7
Missouri............................. 12 12 ......... ......... 12 ........ ..........
Montana.............................. 4 4 ......... ......... 4 ........ ..........
Nebraska............................. 5 5 ......... ......... 5 ........ ..........
Nevada............................... 3 3 ......... ......... 3 ........ ..........
New Hampshire........................ 4 4 ......... ......... 4 ........ ..........
New Jersey........................... 17 17 ......... ......... 17 ........ ..........
New Mexico........................... 4 4 ......... ......... 4 ........ ..........
New York............................. 43 ........ 43 ......... ........ 43 ..........
North Carolina....................... 13 12 ......... 1 12 ........ 1
North Dakota......................... 4 4 ......... ......... 4 ........ ..........
Ohio................................. 26 26 ......... ......... 26 ........ ..........
Oklahoma............................. 8 8 ......... ......... 8 ........ ..........
Oregon............................... 6 6 ......... ......... 6 ........ ..........
Pennsylvania......................... 29 ........ 29 ......... ........ 29 ..........
Rhode Island......................... 4 ........ 4 ......... ........ 4 ..........
South Carolina....................... 8 8 ......... ......... 8 ........ ..........
South Dakota......................... 4 4 ......... ......... 4 ........ ..........
Tennessee............................ 11 11 ......... ......... 11 ........ ..........
Texas................................ 25 ........ 25 ......... ........ 25 ..........
Utah................................. 4 4 ......... ......... 4 ........ ..........
Vermont.............................. 3 3 ......... ......... 3 ........ ..........
Virginia............................. 12 12 ......... ......... 12 ........ ..........
Washington........................... 9 ........ 9 ......... ........ 9 ..........
West Virginia........................ 7 ........ 7 ......... ........ 7 ..........
Wisconsin............................ 12 12 ......... ......... 12 ........ ..........
Wyoming.............................. 3 3 ......... ......... 3 ........ ..........
--------------------------------------------------------------------------
Total.......................... 538 301 191 46 301 191 46
----------------------------------------------------------------------------------------------------------------
[1952]
[1952]
1952
ELECTION FOR THE FORTY-SEVENTH TERM, 1973-1977\1\
Richard M. Nixon, President; Spiro T. Agnew, Vice President
----------------------------------------------------------------------------------------------------------------
For President For Vice President
------------------------------------------------------------------
Electoral R.
States votes of Richard M. George John Spiro T. Sargent Theodora
each Nixon, of McGovern, Hospers, Agnew, Shriver, Nathan,
State California of South of of of of Oregon
Dakota California Maryland Maryland
----------------------------------------------------------------------------------------------------------------
Alabama........................... 9 9 .......... .......... 9 ........ .........
Alaska............................ 3 3 .......... .......... 3 ........ .........
Arizona........................... 6 6 .......... .......... 6 ........ .........
Arkansas.......................... 6 6 .......... .......... 6 ........ .........
California........................ 45 45 .......... .......... 45 ........ .........
Colorado.......................... 7 7 .......... .......... 7 ........ .........
Connecticut....................... 8 8 .......... .......... 8 ........ .........
Delaware.......................... 3 3 .......... .......... 3 ........ .........
District of Columbia.............. 3 .......... 3 .......... ........ 3 .........
Florida........................... 17 17 .......... .......... 17 ........ .........
Georgia........................... 12 12 .......... .......... 12 ........ .........
Hawaii............................ 4 4 .......... .......... 4 ........ .........
Idaho............................. 4 4 .......... .......... 4 ........ .........
Illinois.......................... 26 26 .......... .......... 26 ........ .........
Indiana........................... 13 13 .......... .......... 13 ........ .........
Iowa.............................. 8 8 .......... .......... 8 ........ .........
Kansas............................ 7 7 .......... .......... 7 ........ .........
Kentucky.......................... 9 9 .......... .......... 9 ........ .........
Louisiana......................... 10 10 .......... .......... 10 ........ .........
Maine............................. 4 4 .......... .......... 4 ........ .........
Maryland.......................... 10 10 .......... .......... 10 ........ .........
Massachusetts..................... 14 .......... 14 .......... ........ 14 .........
Michigan.......................... 21 21 .......... .......... 21 ........ .........
Minnesota......................... 10 10 .......... .......... 10 ........ .........
Mississippi....................... 7 7 .......... .......... 7 ........ .........
Missouri.......................... 12 12 .......... .......... 12 ........ .........
Montana........................... 4 4 .......... .......... 4 ........ .........
Nebraska.......................... 5 5 .......... .......... 5 ........ .........
Nevada............................ 3 3 .......... .......... 3 ........ .........
New Hampshire..................... 4 4 .......... .......... 4 ........ .........
New Jersey........................ 17 17 .......... .......... 17 ........ .........
New Mexico........................ 4 4 .......... .......... 4 ........ .........
New York.......................... 41 41 .......... .......... 41 ........ .........
North Carolina.................... 13 13 .......... .......... 13 ........ .........
North Dakota...................... 3 3 .......... .......... 3 ........ .........
Ohio.............................. 25 25 .......... .......... 25 ........ .........
Oklahoma.......................... 8 8 .......... .......... 8 ........ .........
Oregon............................ 6 6 .......... .......... 6 ........ .........
Pennsylvania...................... 27 27 .......... .......... 27 ........ .........
Rhode Island...................... 4 4 .......... .......... 4 ........ .........
South Carolina.................... 8 8 .......... .......... 8 ........ .........
South Dakota...................... 4 4 .......... .......... 4 ........ .........
Tennessee......................... 10 10 .......... .......... 10 ........ .........
Texas............................. 26 26 .......... .......... 26 ........ .........
Utah.............................. 4 4 .......... .......... 4 ........ .........
Vermont........................... 3 3 .......... .......... 3 ........ .........
Virginia.......................... 12 11 .......... 1 11 ........ 1
Washington........................ 9 9 .......... .......... 9 ........ .........
WestVirginia...................... 6 6 .......... .......... 6 ........ .........
Wisconsin......................... 11 11 .......... .......... 11 ........ .........
Wyoming........................... 3 3 .......... .......... 3 ........ .........
-----------------------------------------------------------------------------
Total....................... 538 520 17 1 520 17 1
----------------------------------------------------------------------------------------------------------------
\1\Spiro T. Agnew resigned as Vice President on Oct. 10, 1973. Gerald R. Ford was sworn in as Vice President on
Dec. 6, 1973. Richard M. Nixon resigned as President on Aug. 9, 1974, and Gerald R. Ford was sworn in as
President on the same date. Nelson A. Rockefeller was sworn in as Vice President on Dec. 19, 1974.
[1953]
[1953]
1953
ELECTION FOR THE FORTY-EIGHTH TERM, 1977-1981
Jimmy Carter, President; Walter F. Mondale, Vice President
----------------------------------------------------------------------------------------------------------------
For President For Vice President
Electoral ----------------------------------------------------------------
States votes of Jimmy Gerald R. Ronald Walter F. Robert
each Carter, of Ford, of Reagan, of Mondale, of Dole, of
State Georgia Michigan California Minnesota Kansas
----------------------------------------------------------------------------------------------------------------
Alabama............................. 9 9 ........... ........... 9 ...........
Alaska.............................. 3 ........... 3 ........... ........... 3
Arizona............................. 6 ........... 6 ........... ........... 6
Arkansas............................ 6 6 ........... ........... 6 ...........
California.......................... 45 ........... 45 ........... ........... 45
Colorado............................ 7 ........... 7 ........... ........... 7
Connecticut......................... 8 ........... 8 ........... ........... 8
Delaware............................ 3 3 ........... ........... 3 ...........
District of Columbia................ 3 3 ........... ........... 3 ...........
Florida............................. 17 17 ........... ........... 17 ...........
Georgia............................. 12 12 ........... ........... 12 ...........
Hawaii.............................. 4 4 ........... ........... 4 ...........
Idaho............................... 4 ........... 4 ........... ........... 4
Illinois............................ 26 ........... 26 ........... ........... 26
Indiana............................. 13 ........... 13 ........... ........... 13
Iowa................................ 8 ........... 8 ........... ........... 8
Kansas.............................. 7 ........... 7 ........... ........... 7
Kentucky............................ 9 9 ........... ........... 9 ...........
Louisiana........................... 10 10 ........... ........... 10 ...........
Maine............................... 4 ........... 4 ........... ........... 4
Maryland............................ 10 10 ........... ........... 10 ...........
Massachusetts....................... 14 14 ........... ........... 14 ...........
Michigan............................ 21 ........... 21 ........... ........... 21
Minnesota........................... 10 10 ........... ........... 10 ...........
Mississippi......................... 7 7 ........... ........... 7 ...........
Missouri............................ 12 12 ........... ........... 12 ...........
Montana............................. 4 ........... 4 ........... ........... 4
Nebraska............................ 5 ........... 5 ........... ........... 5
Nevada.............................. 3 ........... 3 ........... ........... 3
New Hampshire....................... 4 ........... 4 ........... ........... 4
New Jersey.......................... 17 ........... 17 ........... ........... 17
New Mexico.......................... 4 ........... 4 ........... ........... 4
New York............................ 41 41 ........... ........... 41 ...........
North Carolina...................... 13 13 ........... ........... 13 ...........
North Dakota........................ 3 ........... 3 ........... ........... 3
Ohio................................ 25 25 ........... ........... 25 ...........
Oklahoma............................ 8 ........... 8 ........... ........... 8
Oregon.............................. 6 ........... 6 ........... ........... 6
Pennsylvania........................ 27 27 ........... ........... 27 ...........
Rhode Island........................ 4 4 ........... ........... 4 ...........
South Carolina...................... 8 8 ........... ........... 8 ...........
South Dakota........................ 4 ........... 4 ........... ........... 4
Tennessee........................... 10 10 ........... ........... 10 ...........
Texas............................... 26 26 ........... ........... 26 ...........
Utah................................ 4 ........... 4 ........... ........... 4
Vermont............................. 3 ........... 3 ........... ........... 3
Virginia............................ 12 ........... 12 ........... ........... 12
Washington.......................... 9 ........... 8 1 ........... 9
West Virginia....................... 6 6 ........... ........... 6 ...........
Wisconsin........................... 11 11 ........... ........... 11 ...........
Wyoming............................. 3 ........... 3 ........... ........... 3
---------------------------------------------------------------------------
Total......................... 538 297 240 1 297 241
----------------------------------------------------------------------------------------------------------------
[1954]
[1954]
1954
ELECTION FOR THE FORTY-NINTH TERM, 1981-1985
Ronald Reagan, President; George Bush, Vice President
----------------------------------------------------------------------------------------------------------------
For President For Vice President
Electoral ---------------------------------------------------
States votes of Ronald Jimmy George Walter F.
each State Reagan, of Carter, of Bush, of Mondale, of
California Georgia Texas Minnesota
----------------------------------------------------------------------------------------------------------------
Alabama........................................ 9 9 ........... 9 ...........
Alaska......................................... 3 3 ........... 3 ...........
Arizona........................................ 6 6 ........... 6 ...........
Arkansas....................................... 6 6 ........... 6 ...........
California..................................... 45 45 ........... 45 ...........
Colorado....................................... 7 7 ........... 7 ...........
Connecticut.................................... 8 8 ........... 8 ...........
Delaware....................................... 3 3 ........... 3 ...........
District of Columbia........................... 3 ........... 3 ........... 3
Florida........................................ 17 17 ........... 17 ...........
Georgia........................................ 12 ........... 12 ........... 12
Hawaii......................................... 4 ........... 4 ........... 4
Idaho.......................................... 4 4 ........... 4 ...........
Illinois....................................... 26 26 ........... 26 ...........
Indiana........................................ 13 13 ........... 13 ...........
Iowa........................................... 8 8 ........... 8 ...........
Kansas......................................... 7 7 ........... 7 ...........
Kentucky....................................... 9 9 ........... 9 ...........
Louisiana...................................... 10 10 ........... 10 ...........
Maine.......................................... 4 4 ........... 4 ...........
Maryland....................................... 10 ........... 10 ........... 10
Massachusetts.................................. 14 14 ........... 14 ...........
Michigan....................................... 21 21 ........... 21 ...........
Minnesota...................................... 10 ........... 10 ........... 10
Mississippi.................................... 7 7 ........... 7 ...........
Missouri....................................... 12 12 ........... 12 ...........
Montana........................................ 4 4 ........... 4 ...........
Nebraska....................................... 5 5 ........... 5 ...........
Nevada......................................... 3 3 ........... 3 ...........
New Hampshire.................................. 4 4 ........... 4 ...........
New Jersey..................................... 17 17 ........... 17 ...........
New Mexico..................................... 4 4 ........... 4 ...........
New York....................................... 41 41 ........... 41 ...........
North Carolina................................. 13 13 ........... 13 ...........
North Dakota................................... 3 3 ........... 3 ...........
Ohio........................................... 25 25 ........... 25 ...........
Oklahoma....................................... 8 8 ........... 8 ...........
Oregon......................................... 6 6 ........... 6 ...........
Pennsylvania................................... 27 27 ........... 27 ...........
Rhode Island................................... 4 ........... 4 ........... 4
South Carolina................................. 8 8 ........... 8 ...........
South Dakota................................... 4 4 ........... 4 ...........
Tennessee...................................... 10 10 ........... 10 ...........
Texas.......................................... 26 26 ........... 26 ...........
Utah........................................... 4 4 ........... 4 ...........
Vermont........................................ 3 3 ........... 3 ...........
Virginia....................................... 12 12 ........... 12 ...........
Washington..................................... 9 9 ........... 9 ...........
West Virginia.................................. 6 ........... 6 ........... 6
Wisconsin...................................... 11 11 ........... 11 ...........
Wyoming........................................ 3 3 ........... 3 ...........
----------------------------------------------------------------
Total.................................... 538 489 49 489 49
----------------------------------------------------------------------------------------------------------------
[1955]
[1955]
1955
ELECTION FOR THE FIFTIETH TERM, 1985-1989
Ronald Reagan, President; George Bush, Vice President
----------------------------------------------------------------------------------------------------------------
For President For Vice President
Electoral ---------------------------------------------------
States votes of Ronald Walter F. George Geraldine
each State Reagan, of Mondale, of Bush, of A. Ferraro,
California Minnesota Texas of New York
----------------------------------------------------------------------------------------------------------------
Alabama........................................ 9 9 ........... 9 ...........
Alaska......................................... 3 3 ........... 3 ...........
Arizona........................................ 7 7 ........... 7 ...........
Arkansas....................................... 6 6 ........... 6 ...........
California..................................... 47 47 ........... 47 ...........
Colorado....................................... 8 8 ........... 8 ...........
Connecticut.................................... 8 8 ........... 8 ...........
Delaware....................................... 3 3 ........... 3 ...........
District of Columbia........................... 3 ........... 3 ........... 3
Florida........................................ 21 21 ........... 21 ...........
Georgia........................................ 12 12 ........... 12 ...........
Hawaii......................................... 4 4 ........... 4 ...........
Idaho.......................................... 4 4 ........... 4 ...........
Illinois....................................... 24 24 ........... 24 ...........
Indiana........................................ 12 12 ........... 12 ...........
Iowa........................................... 8 8 ........... 8 ...........
Kansas......................................... 7 7 ........... 7 ...........
Kentucky....................................... 9 9 ........... 9 ...........
Louisiana...................................... 10 10 ........... 10 ...........
Maine.......................................... 4 4 ........... 4 ...........
Maryland....................................... 10 10 ........... 10 ...........
Massachusetts.................................. 13 13 ........... 13 ...........
Michigan....................................... 20 20 ........... 20 ...........
Minnesota...................................... 10 ........... 10 ........... 10
Mississippi.................................... 7 7 ........... 7 ...........
Missouri....................................... 11 11 ........... 11 ...........
Montana........................................ 4 4 ........... 4 ...........
Nebraska....................................... 5 5 ........... 5 ...........
Nevada......................................... 4 4 ........... 4 ...........
New Hampshire.................................. 4 4 ........... 4 ...........
New Jersey..................................... 16 16 ........... 16 ...........
New Mexico..................................... 5 5 ........... 5 ...........
New York....................................... 36 36 ........... 36 ...........
North Carolina................................. 13 13 ........... 13 ...........
North Dakota................................... 3 3 ........... 3 ...........
Ohio........................................... 23 23 ........... 23 ...........
Oklahoma....................................... 8 8 ........... 8 ...........
Oregon......................................... 7 7 ........... 7 ...........
Pennsylvania................................... 25 25 ........... 25 ...........
Rhode Island................................... 4 4 ........... 4 ...........
South Carolina................................. 8 8 ........... 8 ...........
South Dakota................................... 3 3 ........... 3 ...........
Tennessee...................................... 11 11 ........... 11 ...........
Texas.......................................... 29 29 ........... 29 ...........
Utah........................................... 5 5 ........... 5 ...........
Vermont........................................ 3 3 ........... 3 ...........
Virginia....................................... 12 12 ........... 12 ...........
Washington..................................... 10 10 ........... 10 ...........
West Virginia.................................. 6 6 ........... 6 ...........
Wisconsin...................................... 11 11 ........... 11 ...........
Wyoming........................................ 3 3 ........... 3 ...........
----------------------------------------------------------------
Total.................................... 538 525 13 525 13
----------------------------------------------------------------------------------------------------------------
[1956]
[1956]
1956
ELECTION FOR THE FIFTY-FIRST TERM, 1989-1993
George Bush, President; Dan Quayle, Vice President
----------------------------------------------------------------------------------------------------------------
For President For Vice President
Electoral ---------------------------------------------------------------------
votes of Dan Lloyd
States each George Michael S. Lloyd Quayle Bentsen Michael S.
State Bush of Dukakis of Bentsen of of Dukakis of
Texas Massachusetts of Texas Indiana Texas Massachusetts
----------------------------------------------------------------------------------------------------------------
Alabama........................ 9 9 ............. ......... 9 ....... .............
Alaska......................... 3 3 ............. ......... 3 ....... .............
Arizona........................ 7 7 ............. ......... 7 ....... .............
Arkansas....................... 6 6 ............. ......... 6 ....... .............
California..................... 47 47 ............. ......... 47 ....... .............
Colorado....................... 8 8 ............. ......... 8 ....... .............
Connecticut.................... 8 8 ............. ......... 8 ....... .............
Delaware....................... 3 3 ............. ......... 3 ....... .............
District of Columbia........... 3 ......... 3 ......... ....... 3 .............
Florida........................ 21 21 ............. ......... 21 ....... .............
Georgia........................ 12 12 ............. ......... 12 ....... .............
Hawaii......................... 4 ......... 4 ......... ....... 4 .............
Idaho.......................... 4 4 ............. ......... 4 ....... .............
Illinois....................... 24 24 ............. ......... 24 ....... .............
Indiana........................ 12 12 ............. ......... 12 ....... .............
Iowa........................... 8 ......... 8 ......... ....... 8 .............
Kansas......................... 7 7 ............. ......... 7 ....... .............
Kentucky....................... 9 9 ............. ......... 9 ....... .............
Louisiana...................... 10 10 ............. ......... 10 ....... .............
Maine.......................... 4 4 ............. ......... 4 ....... .............
Maryland....................... 10 10 ............. ......... 10 ....... .............
Massachusetts.................. 13 ......... 13 ......... ....... 13 .............
Michigan....................... 20 20 ............. ......... 20 ....... .............
Minnesota...................... 10 ......... 10 ......... ....... 10 .............
Mississippi.................... 7 7 ............. ......... 7 ....... .............
Missouri....................... 11 11 ............. ......... 11 ....... .............
Montana........................ 4 4 ............. ......... 4 ....... .............
Nebraska....................... 5 5 ............. ......... 5 ....... .............
Nevada......................... 4 4 ............. ......... 4 ....... .............
New Hampshire.................. 4 4 ............. ......... 4 ....... .............
New Jersey..................... 16 16 ............. ......... 16 ....... .............
New Mexico..................... 5 5 ............. ......... 5 ....... .............
New York....................... 36 ......... 36 ......... ....... 36 .............
North Carolina................. 13 13 ............. ......... 13 ....... .............
North Dakota................... 3 3 ............. ......... 3 ....... .............
Ohio........................... 23 23 ............. ......... 23 ....... .............
Oklahoma....................... 8 8 ............. ......... 8 ....... .............
Oregon......................... 7 ......... 7 ......... ....... 7 .............
Pennsylvania................... 25 25 ............. ......... 25 ....... .............
Rhode Island................... 4 ......... 4 ......... ....... 4 .............
South Carolina................. 8 8 ............. ......... 8 ....... .............
South Dakota................... 3 3 ............. ......... 3 ....... .............
Tennessee...................... 11 11 ............. ......... 11 ....... .............
Texas.......................... 29 29 ............. ......... 29 ....... .............
Utah........................... 5 5 ............. ......... 5 ....... .............
Vermont........................ 3 3 ............. ......... 3 ....... .............
Virginia....................... 12 12 ............. ......... 12 ....... .............
Washington..................... 10 ......... 10 ......... ....... 10 .............
West Virginia.................. 6 ......... 5 1 ....... 5 1
Wisconsin...................... 11 ......... 11 ......... ....... 11 .............
Wyoming........................ 3 3 ............. ......... 3 ....... .............
--------------------------------------------------------------------------------
Total.................... 538 426 111 1 426 111 1
----------------------------------------------------------------------------------------------------------------
[1957]
[1957]
1957
ELECTION FOR THE FIFTY-SECOND TERM, 1993-1997
William J. Clinton, President; Albert Gore, Jr., Vice President
----------------------------------------------------------------------------------------------------------------
For President For Vice President
Electoral ---------------------------------------------------
States votes of Bill
each State Clinton of George Bush Al Gore of Dan Quayle
Arkansas of Texas Tennessee of Indiana
----------------------------------------------------------------------------------------------------------------
Alabama........................................ 9 ........... 9 ........... 9
Alaska......................................... 3 ........... 3 ........... 3
Arizona........................................ 8 ........... 8 ........... 8
Arkansas....................................... 6 6 ........... 6 ...........
California..................................... 54 54 ........... 54 ...........
Colorado....................................... 8 8 ........... 8 ...........
Connecticut.................................... 8 8 ........... 8 ...........
Delaware....................................... 3 3 ........... 3 ...........
District of Columbia........................... 3 3 ........... 3 ...........
Florida........................................ 25 ........... 25 ........... 25
Georgia........................................ 13 13 ........... 13 ...........
Hawaii......................................... 4 4 ........... 4 ...........
Idaho.......................................... 4 ........... 4 ........... 4
Illinois....................................... 22 22 ........... 22 ...........
Indiana........................................ 12 ........... 12 ........... 12
Iowa........................................... 7 7 ........... 7 ...........
Kansas......................................... 6 ........... 6 ........... 6
Kentucky....................................... 8 8 ........... 8 ...........
Louisiana...................................... 9 9 ........... 9 ...........
Maine.......................................... 4 4 ........... 4 ...........
Maryland....................................... 10 10 ........... 10 ...........
Massachusetts.................................. 12 12 ........... 12 ...........
Michigan....................................... 18 18 ........... 18 ...........
Minnesota...................................... 10 10 ........... 10 ...........
Mississippi.................................... 7 ........... 7 ........... 7
Missouri....................................... 11 11 ........... 11 ...........
Montana........................................ 3 3 ........... 3 ...........
Nebraska....................................... 5 ........... 5 ........... 5
Nevada......................................... 4 4 ........... 4 ...........
New Hampshire.................................. 4 4 ........... 4 ...........
New Jersey..................................... 15 15 ........... 15 ...........
New Mexico..................................... 5 5 ........... 5 ...........
New York....................................... 33 33 ........... 33 ...........
North Carolina................................. 14 ........... 14 ........... 14
North Dakota................................... 3 ........... 3 ........... 3
Ohio........................................... 21 21 ........... 21 ...........
Oklahoma....................................... 8 ........... 8 ........... 8
Oregon......................................... 7 7 ........... 7 ...........
Pennsylvania................................... 23 23 ........... 23 ...........
Rhode Island................................... 4 4 ........... 4 ...........
South Carolina................................. 8 ........... 8 ........... 8
South Dakota................................... 3 ........... 3 ........... 3
Tennessee...................................... 11 11 ........... 11 ...........
Texas.......................................... 32 ........... 32 ........... 32
Utah........................................... 5 ........... 5 ........... 5
Vermont........................................ 3 3 ........... 3 ...........
Virginia....................................... 13 ........... 13 ........... 13
Washington..................................... 11 11 ........... 11 ...........
West Virginia.................................. 5 5 ........... 5 ...........
Wisconsin...................................... 11 11 ........... 11 ...........
Wyoming........................................ 3 ........... 3 ........... 3
----------------------------------------------------------------
Total.................................... 538 370 168 370 168
----------------------------------------------------------------------------------------------------------------
[1958]
[1958]
1958
ELECTION FOR THE FIFTY-THIRD TERM, 1997-2001
William J. Clinton, President; Albert Gore, Jr., Vice President
----------------------------------------------------------------------------------------------------------------
For President For Vice President
Electoral ---------------------------------------------------
States votes of Bill
each State Clinton of Bob Dole of Al Gore of Jack Kemp
Arkansas Kansas Tennessee of New York
----------------------------------------------------------------------------------------------------------------
Alabama........................................ 9 ........... 9 ........... 9
Alaska......................................... 3 ........... 3 ........... 3
Arizona........................................ 8 8 ........... 8 ...........
Arkansas....................................... 6 6 ........... 6 ...........
California..................................... 54 54 ........... 54 ...........
Colorado....................................... 8 ........... 8 ........... 8
Connecticut.................................... 8 8 ........... 8 ...........
Delaware....................................... 3 3 ........... 3 ...........
District of Columbia........................... 3 3 ........... 3 ...........
Florida........................................ 25 25 ........... 25 ...........
Georgia........................................ 13 ........... 13 ........... 13
Hawaii......................................... 4 4 ........... 4 ...........
Idaho.......................................... 4 ........... 4 ........... 4
Illinois....................................... 22 22 ........... 22 ...........
Indiana........................................ 12 ........... 12 ........... 12
Iowa........................................... 7 7 ........... 7 ...........
Kansas......................................... 6 ........... 6 ........... 6
Kentucky....................................... 8 8 ........... 8 ...........
Louisiana...................................... 9 9 ........... 9 ...........
Maine.......................................... 4 4 ........... 4 ...........
Maryland....................................... 10 10 ........... 10 ...........
Massachusetts.................................. 12 12 ........... 12 ...........
Michigan....................................... 18 18 ........... 18 ...........
Minnesota...................................... 10 10 ........... 10 ...........
Mississippi.................................... 7 ........... 7 ........... 7
Missouri....................................... 11 11 ........... 11 ...........
Montana........................................ 3 ........... 3 ........... 3
Nebraska....................................... 5 ........... 5 ........... 5
Nevada......................................... 4 4 ........... 4 ...........
New Hampshire.................................. 4 4 ........... 4 ...........
New Jersey..................................... 15 15 ........... 15 ...........
New Mexico..................................... 5 5 ........... 5 ...........
New York....................................... 33 33 ........... 33 ...........
North Carolina................................. 14 ........... 14 ........... 14
North Dakota................................... 3 ........... 3 ........... 3
Ohio........................................... 21 21 ........... 21 ...........
Oklahoma....................................... 8 ........... 8 ........... 8
Oregon......................................... 7 7 ........... 7 ...........
Pennsylvania................................... 23 23 ........... 23 ...........
Rhode Island................................... 4 4 ........... 4 ...........
South Carolina................................. 8 ........... 8 ........... 8
South Dakota................................... 3 ........... 3 ........... 3
Tennessee...................................... 11 11 ........... 11 ...........
Texas.......................................... 32 ........... 32 ........... 32
Utah........................................... 5 ........... 5 ........... 5
Vermont........................................ 3 3 ........... 3 ...........
Virginia....................................... 13 ........... 13 ........... 13
Washington..................................... 11 11 ........... 11 ...........
West Virginia.................................. 5 5 ........... 5 ...........
Wisconsin...................................... 11 11 ........... 11 ...........
Wyoming........................................ 3 ........... 3 ........... 3
----------------------------------------------------------------
Total.................................... 538 379 159 379 159
----------------------------------------------------------------------------------------------------------------
[1959]
[1959]
1959
ELECTION FOR THE FIFTY-FOURTH TERM 2001-2005
George W. Bush, President; Richard Cheney, Vice President
----------------------------------------------------------------------------------------------------------------
For President For Vice President
Electoral ---------------------------------------------------------------
State votes of George W. Bush Al Gore of Richard Cheney Joe Lieberman
each State of Texas Tennessee of Wyoming of Connecticut
----------------------------------------------------------------------------------------------------------------
Alabama............................ 9 9 .......... 9 ...............
Alaska............................. 3 3 .......... 3 ...............
Arizona............................ 8 8 .......... 8 ...............
Arkansas........................... 6 6 .......... 6 ...............
California......................... 54 ............... 54 ................ 54
Colorado........................... 8 8 .......... 8 ...............
Connecticut........................ 8 ............... 8 ................ 8
Delaware........................... 3 ............... 3 ................ 3
District of PColumbia.............. 3 ............... 2* ................ 2*
Florida............................ 25 25 .......... 25 ...............
Georgia............................ 13 13 .......... 13 ...............
Hawaii............................. 4 ............... 4 ................ 4
Idaho.............................. 4 4 .......... 4 ...............
Illinois........................... 22 ............... 22 ................ 22
Indiana............................ 12 12 .......... 12 ...............
Iowa............................... 7 ............... 7 ................ 7
Kansas............................. 6 6 .......... 6 ...............
Kentucky........................... 8 8 .......... 8 ...............
Louisiana.......................... 9 9 .......... 9 ...............
Maine.............................. 4 ............... 4 ................ 4
Maryland........................... 10 ............... 10 ................ 10
Massachusetts...................... 12 ............... 12 ................ 12
Michigan........................... 18 ............... 18 ................ 18
Minnesota.......................... 10 ............... 10 ................ 10
Mississippi........................ 7 7 .......... 7 ...............
Missouri........................... 11 11 .......... 11 ...............
Montana............................ 3 3 .......... 3 ...............
Nebraska........................... 5 5 .......... 5 ...............
Nevada............................. 4 4 .......... 4 ...............
New Hampshire...................... 4 4 .......... 4 ...............
New Jersey......................... 15 ............... 15 ................ 15
New Mexico......................... 5 ............... 5 ................ 5
New York........................... 33 ............... 33 ................ 33
North Carolina..................... 14 14 .......... 14 ...............
North Dakota....................... 3 3 .......... 3 ...............
Ohio............................... 21 21 .......... 21 ...............
Oklahoma........................... 8 8 .......... 8 ...............
Oregon............................. 7 ............... 7 ................ 7
Pennsylvania....................... 23 ............... 23 ................ 23
Rhode Island....................... 4 ............... 4 ................ 4
South Carolina..................... 8 8 .......... 8 ...............
South Dakota....................... 3 3 .......... 3 ...............
Tennessee.......................... 11 11 .......... 11 ...............
Texas.............................. 32 32 .......... 32 ...............
Utah............................... 5 5 .......... 5 ...............
Vermont............................ 3 ............... 3 ................ 3
Virginia........................... 13 13 .......... 13 ...............
Washington......................... 11 ............... 11 ................ 11
West Virginia...................... 5 5 .......... 5 ...............
Wisconsin.......................... 11 ............... 11 ................ 11
Wyoming............................ 3 3 .......... 3 ...............
----------------------------------------------------------------------------
Total........................ 271 271 266 271 266
----------------------------------------------------------------------------------------------------------------
*The District of Columbia has 3 electoral votes. Two votes were cast for Gore and the third vote was an
abstention.
Total Electoral Vote = 538. Total Electoral Vote Needed to Win = 270.
[1960]
[1960]
1960
ELECTION FOR THE FIFTY-FIFTH TERM 2005-2009
George W. Bush, President; Richard Cheney, Vice President
----------------------------------------------------------------------------------------------------------------
For President For Vice President
-------------------------------------------------------------
Electoral John John
State votes of George W. John F. Kerry Edwards Richard B. Edwards
each State Bush of of of North Cheney of of North
Texas Massachusetts Carolina Wyoming Carolina
----------------------------------------------------------------------------------------------------------------
Alabama............................... 9 9 ............. ......... 9 .........
Alaska................................ 3 3 ............. ......... 3 .........
Arizona............................... 10 10 ............. ......... 10 .........
Arkansas.............................. 6 6 ............. ......... 6 .........
California............................ 55 .......... 55 ......... ........... 55
Colorado.............................. 9 9 ............. ......... 9 .........
Connecticut........................... 7 .......... 7 ......... ........... 7
Delaware.............................. 3 .......... 3 ......... ........... 3
District of PColumbia................. 3 .......... 3 ......... ........... 3
Florida............................... 27 27 ............. ......... 27 .........
Georgia............................... 15 15 ............. ......... 15 .........
Hawaii................................ 4 .......... 4 ......... ........... 4
Idaho................................. 4 4 ............. ......... 4 .........
Illinois.............................. 21 .......... 21 ......... ........... 21
Indiana............................... 11 11 ............. ......... 11 .........
Iowa.................................. 7 7 ............. ......... 7 .........
Kansas................................ 6 6 ............. ......... 6 .........
Kentucky.............................. 8 8 ............. ......... 8 .........
Louisiana............................. 9 9 ............. ......... 9 .........
Maine................................. 4 .......... 4 ......... ........... 4
Maryland.............................. 10 .......... 10 ......... ........... 10
Massachusetts......................... 12 .......... 12 ......... ........... 12
Michigan.............................. 17 .......... 17 ......... ........... 17
Minnesota............................. 10 .......... 9 1 ........... 10
Mississippi........................... 6 6 ............. ......... 6 .........
Missouri.............................. 11 11 ............. ......... 11 .........
Montana............................... 3 3 ............. ......... 3 .........
Nebraska.............................. 5 5 ............. ......... 5 .........
Nevada................................ 5 5 ............. ......... 5 .........
New Hampshire......................... 4 .......... 4 ......... ........... 4
New Jersey............................ 15 .......... 15 ......... ........... 15
New Mexico............................ 5 5 ............. ......... 5 .........
New York.............................. 31 .......... 31 ......... ........... 31
North Carolina........................ 15 15 ............. ......... 15 .........
North Dakota.......................... 3 3 ............. ......... 3 .........
Ohio.................................. 20 20 ............. ......... 20 .........
Oklahoma.............................. 7 7 ............. ......... 7 .........
Oregon................................ 7 .......... 7 ......... ........... 7
Pennsylvania.......................... 21 .......... 21 ......... ........... 21
Rhode Island.......................... 4 .......... 4 ......... ........... 4
South Carolina........................ 8 8 ............. ......... 8 .........
South Dakota.......................... 3 3 ............. ......... 3 .........
Tennessee............................. 11 11 ............. ......... 11 .........
Texas................................. 34 34 ............. ......... 34 .........
Utah.................................. 5 5 ............. ......... 5 .........
Vermont............................... 3 .......... 3 ......... ........... 3
Virginia.............................. 13 13 ............. ......... 13 .........
Washington............................ 11 .......... 11 ......... ........... 11
West Virginia......................... 5 5 ............. ......... 5 .........
Wisconsin............................. 10 .......... 10 ......... ........... 10
Wyoming............................... 3 3 ............. ......... 3 .........
-------------------------------------------------------------------------
Total........................... 538 286 251 1 286 252
----------------------------------------------------------------------------------------------------------------
[1961]
[1961]
1961
ELECTION FOR THE FIFTY-SIXTH TERM 2009-2013
Barack Obama, President; Joe Biden, Vice President
----------------------------------------------------------------------------------------------------------------
For President For Vice President
Electoral ---------------------------------------------------------------
State votes of John
each State Barack Obama of McCain of Joe Biden of Sarah Palin of
Illinois Arizona Delaware Alaska
----------------------------------------------------------------------------------------------------------------
Alabama............................ 9 ............... 9 ................ 9
Alaska............................. 3 ............... 3 ................ 3
Arizona............................ 10 ............... 10 ................ 10
Arkansas........................... 6 ............... 6 ................ 6
California......................... 55 55 .......... 55 ...............
Colorado........................... 9 9 .......... 9 ...............
Connecticut........................ 7 7 .......... 7 ...............
Delaware........................... 3 3 .......... 3 ...............
District of Columbia.............. 3 3 .......... 3 ...............
Florida............................ 27 27 .......... 27 ...............
Georgia............................ 15 ............... 15 ................ 15
Hawaii............................. 4 4 .......... 4 ...............
Idaho.............................. 4 ............... 4 ................ 4
Illinois........................... 21 21 .......... 21 ...............
Indiana............................ 11 11 .......... 11 ...............
Iowa............................... 7 7 .......... 7 ...............
Kansas............................. 6 ............... 6 ................ 6
Kentucky........................... 8 ............... 8 ................ 8
Louisiana.......................... 9 ............... 9 ................ 9
Maine.............................. 4 4 .......... 4 ...............
Maryland........................... 10 10 .......... 10 ...............
Massachusetts...................... 12 12 .......... 12 ...............
Michigan........................... 17 17 .......... 17 ...............
Minnesota.......................... 10 10 .......... 10 ...............
Mississippi........................ 6 ............... 6 ................ 6
Missouri........................... 11 ............... 11 ................ 11
Montana............................ 3 ............... 3 ................ 3
Nebraska........................... 5 1 4 1 4
Nevada............................. 5 5 .......... 5 ...............
New Hampshire...................... 4 4 .......... 4 ...............
New Jersey......................... 15 15 .......... 15 ...............
New Mexico......................... 5 5 .......... 5 ...............
New York........................... 31 31 .......... 31 ...............
North Carolina..................... 15 15 .......... 15 ...............
North Dakota....................... 3 ............... 3 ................ 3
Ohio............................... 20 20 .......... 20 ...............
Oklahoma........................... 7 ............... 7 ................ 7
Oregon............................. 7 7 .......... 7 ...............
Pennsylvania....................... 21 21 .......... 21 ...............
Rhode Island....................... 4 4 .......... 4 ...............
South Carolina..................... 8 ............... 8 ................ 8
South Dakota....................... 3 ............... 3 ................ 3
Tennessee.......................... 11 ............... 11 ................ 11
Texas.............................. 34 ............... 34 ................ 34
Utah............................... 5 ............... 5 ................ 5
Vermont............................ 3 3 .......... 3 ...............
Virginia........................... 13 13 .......... 13 ...............
Washington......................... 11 11 .......... 11 ...............
West Virginia...................... 5 5 .......... 5 ...............
Wisconsin.......................... 10 10 .......... 10 ...............
Wyoming............................ 3 ............... 3 ................ 3
----------------------------------------------------------------------------
Total........................ 538 365 173 365 173
----------------------------------------------------------------------------------------------------------------
[1962]
[1962]
1962
ELECTION FOR THE FIFTY-SEVENTH TERM 2013-2017
Barack Obama, President; Joe Biden, Vice President
----------------------------------------------------------------------------------------------------------------
For President For Vice President
Electoral -------------------------------------------------------------------
State votes of Barack Obama of Mitt Romney of Joe Biden of Paul Ryan of
each State Illinois Massachusetts Delaware Wisconsin
----------------------------------------------------------------------------------------------------------------
Alabama........................ 9 ............... 9 ............... 9
Alaska......................... 3 ............... 3 ............... 3
Arizona........................ 11 ............... 11 ............... 11
Arkansas....................... 6 ............... 6 ............... 6
California..................... 55 55 ............... 55 ...............
Colorado....................... 9 9 ............... 9 ...............
Connecticut.................... 7 7 ............... 7 ...............
Delaware....................... 3 3 ............... 3 ...............
District of Columbia.......... 3 3 ............... 3 ...............
Florida........................ 29 29 ............... 29 ...............
Georgia........................ 16 ............... 16 ............... 16
Hawaii......................... 4 4 ............... 4 ...............
Idaho.......................... 4 ............... 4 ............... 4
Illinois....................... 20 20 ............... 20 ...............
Indiana........................ 11 11 ............... 11 ...............
Iowa........................... 6 6 ............... 6 ...............
Kansas......................... 6 ............... 6 ............... 6
Kentucky....................... 8 ............... 8 ............... 8
Louisiana...................... 8 ............... 8 ............... 8
Maine.......................... 4 4 ............... 4 ...............
Maryland....................... 10 10 ............... 10 ...............
Massachusetts.................. 11 11 ............... 11 ...............
Michigan....................... 16 16 ............... 16 ...............
Minnesota...................... 10 10 ............... 10 ...............
Mississippi.................... 6 ............... 6 ............... 6
Missouri....................... 10 ............... 10 ............... 10
Montana........................ 3 ............... 3 ............... 3
Nebraska....................... 5 ............... 5 ............... 5
Nevada......................... 6 6 ............... 6 ...............
New Hampshire.................. 4 4 ............... 4 ...............
New Jersey..................... 14 14 ............... 14 ...............
New Mexico..................... 5 5 ............... 5 ...............
New York....................... 29 29 ............... 29 ...............
North Carolina................. 15 15 ............... 15 ...............
North Dakota................... 3 ............... 3 ............... 3
Ohio........................... 18 18 ............... 18 ...............
Oklahoma....................... 7 ............... 7 ............... 7
Oregon......................... 7 7 ............... 7 ...............
Pennsylvania................... 20 20 ............... 20 ...............
Rhode Island................... 4 4 ............... 4 ...............
South Carolina................. 9 ............... 9 ............... 9
South Dakota................... 3 ............... 3 ............... 3
Tennessee...................... 11 ............... 11 ............... 11
Texas.......................... 38 ............... 38 ............... 38
Utah........................... 6 ............... 6 ............... 6
Vermont........................ 3 3 ............... 3 ...............
Virginia....................... 13 13 ............... 13 ...............
Washington..................... 12 12 ............... 12 ...............
West Virginia.................. 5 ............... 5 ............... 5
Wisconsin...................... 10 10 ............... 10 ...............
Wyoming........................ 3 ............... 3 ............... 3
--------------------------------------------------------------------------------
Total.................... 538 332 206 332 206
----------------------------------------------------------------------------------------------------------------
1970
JUSTICES OF THE SUPREME COURT, 1789 TO 2014\1\
----------------------------------------------------------------------------------------------------------------
Years
Name\2\ State whence appointed Date of Date service of
commission\3\ terminated service
----------------------------------------------------------------------------------------------------------------
chief justices
1. John Jay...................... New York................ Sept. 26, 1789 June 29, 1795 5
2. John Rutledge................. South Carolina.......... July 1, 1795 Dec. 15, 1795 (\4\)(\
5\)
3. Oliver Ellsworth.............. Connecticut............. Mar. 4, 1796 Dec. 15, 1800 4
4. John Marshall................. Virginia................ Jan. 31, 1801 July 6, 1835 34
5. Roger Brooke Taney............ Maryland................ Mar. 15, 1836 Oct. 12, 1864 28
6. Salmon Portland Chase......... Ohio.................... Dec. 6, 1864 May 7, 1873 8
7. Morrison Remick Waite......... ....do.................. Jan. 21, 1874 Mar. 23, 1888 14
8. Melville Weston Fuller........ Illinois................ July 20, 1888 July 4, 1910 21
9. Edward Douglas White.......... Louisiana............... Dec. 12, 1910 May 19, 1921 \5\10
10. William Howard Taft........... Connecticut............. June 30, 1921 Feb. 3, 1930 8
11. Charles Evans Hughes.......... New York................ Feb. 13, 1930 June 30, 1941 \5\11
12. Harlan Fiske Stone............ ......do................ July 3, 1941 Apr. 22, 1946 \5\4
13. Fred Moore Vinson............. Kentucky................ June 21, 1946 Sept. 8, 1953 7
14. Earl Warren................... California.............. Oct. 2, 1953 June 23, 1969 15
15. Warren E. Burger.............. Virginia................ June 23, 1969 Sept. 26, 1986 17
16. William Hubbs Rehnquist....... Virginia................ Sept. 25, 1986 Sept. 3, 2005 \5\19
17. John G. Roberts, Jr........... Maryland................ Sept. 29, 2005 ................... .......
associate justices
1. John Rutledge................. South Carolina.......... Sept. 26, 1789 Mar. 5, 1791 1
2. William Cushing............... Massachusetts........... Sept. 27, 1789 Sept. 13, 1810 20
3. James Wilson.................. Pennsylvania............ Sept. 29, 1789 Aug. 21, 1798 8
4. John Blair.................... Virginia................ Sept. 30, 1789 Jan. 27, 1796 5
5. James Iredell................. North Carolina.......... Feb. 10, 1790 Oct. 20, 1799 9
6. Thomas Johnson................ Maryland................ Nov. 7, 1791 Feb. 1, 1793 1
7. William Paterson.............. New Jersey.............. Mar. 4, 1793 Sept. 9, 1806 13
8. Samuel Chase.................. Maryland................ Jan. 27, 1796 June 19, 1811 15
9. Bushrod Washington............ Virginia................ Dec. 20, 1798 Nov. 26, 1829 30
10. Alfred Moore.................. North Carolina.......... Dec. 10, 1799 Jan. 26, 1804 3
11. William Johnson............... South Carolina.......... Mar. 26, 1804 Aug. 4, 1834 30
12. Henry B. Livingston........... New York................ Nov. 10, 1806 Mar. 18, 1823 16
13. Thomas Todd................... Kentucky................ Mar. 3, 1807 Feb. 7, 1826 18
14. Gabriel Duvall................ Maryland................ Nov. 18, 1811 Jan. 14, 1835 23
15. Joseph Story.................. Massachusetts........... ......do Sept. 10, 1845 33
16. Smith Thompson................ New York................ Dec. 9, 1823 Dec. 18, 1843 20
17. Robert Trimble................ Kentucky................ May 9, 1826 Aug. 25, 1828 2
18. John McLean................... Ohio.................... Mar. 7, 1829 Apr. 4, 1861 31
19. Henry Baldwin................. Pennsylvania............ Jan. 6, 1830 Apr. 21, 1844 14
20. James Moore Wayne............. Georgia................. Jan. 9, 1835 July 5, 1867 32
21. Philip Pendleton Barbour...... Virginia................ Mar. 15, 1836 Feb. 25, 1841 4
22. John Catron................... Tennessee............... Mar. 8, 1837 May 30, 1865 28
23. John McKinley................. Alabama................. Sept. 25, 1837 July 19, 1852 14
24. Peter Vivian Daniel........... Virginia................ Mar. 3, 1841 May 31, 1860 18
25. Samuel Nelson................. New York................ Feb. 13, 1845 Nov. 28, 1872 27
26. Levi Woodbury................. New Hampshire........... Sept. 20, 1845 Sept. 4, 1851 5
27. Robert Cooper Grier........... Pennsylvania............ Aug. 4, 1846 Jan. 31, 1870 23
28. Benjamin Robbins Curtis....... Massachusetts........... Sept. 22, 1851 Sept. 30, 1857 6
29. John Archibald Campbell....... Alabama................. Mar. 22, 1853 Apr. 30, 1861 8
30. Nathan Clifford............... Maine................... Jan. 12, 1858 July 25, 1881 23
31. Noah Haynes Swayne............ Ohio.................... Jan. 24, 1862 Jan. 24, 1881 18
32. Samuel Freeman Miller......... Iowa.................... July 16, 1862 Oct. 13, 1890 28
33. David Davis................... Illinois................ Dec. 8, 1862 Mar. 4, 1877 14
34. Stephen Johnson Field......... California.............. Mar. 10, 1863 Dec. 1, 1897 34
35. William Strong................ Pennsylvania............ Feb. 18, 1870 Dec. 14, 1880 10
36. Joseph P. Bradley............. New Jersey.............. Mar. 21, 1870 Jan. 22, 1892 21
37. Ward Hunt..................... New York................ Dec. 11, 1872 Jan. 27, 1882 9
38. John Marshall Harlan.......... Kentucky................ Nov. 29, 1877 Oct. 14, 1911 33
39. William Burnham Woods......... Georgia................. Dec. 21, 1880 May 14, 1887 6
40. Stanley Matthews.............. Ohio.................... May 12, 1881 Mar. 22, 1889 7
41. Horace Gray................... Massachusetts........... Dec. 20, 1881 Sept. 15, 1902 20
42. Samuel Blatchford............. New York................ Mar. 22, 1882 July 7, 1893 11
43. Lucius Quintus C. Lamar....... Mississippi............. Jan. 16, 1888 Jan. 23, 1893 5
44. David Josiah Brewer........... Kansas.................. Dec. 18, 1889 Mar. 28, 1910 20
45. Henry Billings Brown.......... Michigan................ Dec. 29, 1890 May 28, 1906 15
46. George Shiras, Jr............. Pennsylvania............ July 26, 1892 Feb. 23, 1903 10
47. Howell Edmunds Jackson........ Tennessee............... Feb. 18, 1893 Aug. 8, 1895 2
48. Edward Douglas White.......... Louisiana............... Feb. 19, 1894 Dec. 18, 1910 16
49. Rufus Wheeler Peckham......... New York................ Dec. 9, 1895 Oct. 24, 1909 13
50. Joseph McKenna................ California.............. Jan. 21, 1898 Jan. 5, 1925 26
51. Oliver Wendell Holmes......... Massachusetts........... Dec. 4, 1902 Jan. 12, 1932 29
52. William Rufus Day............. Ohio.................... Feb. 23, 1903 Nov. 13, 1922 19
53. William Henry Moody........... Massachusetts........... Dec. 12, 1906 Nov. 20, 1910 3
54. Horace Harmon Lurton.......... Tennessee............... Dec. 20, 1909 July 12, 1914 4
55. Charles Evans Hughes.......... New York................ May 2, 1910 June 10, 1916 5
56. Willis Van Devanter........... Wyoming................. Dec. 16, 1910 June 2, 1937 26
57. Joseph Rucker Lamar........... Georgia................. Dec. 17, 1910 Jan. 2, 1916 4
58. Mahlon Pitney................. New Jersey.............. Mar. 13, 1912 Dec. 31, 1922 10
59. James Clark McReynolds........ Tennessee............... Aug. 29, 1914 Jan. 31, 1941 26
60. Louis Dembitz Brandeis........ Massachusetts........... June 1, 1916 Feb. 13, 1939 22
61. John Hessin Clarke............ Ohio.................... July 24, 1916 Sept. 18, 1922 5
62. George Sutherland............. Utah.................... Sept. 5, 1922 Jan. 17, 1938 15
63. Pierce Butler................. Minnesota............... Dec. 21, 1922 Nov. 16, 1939 16
64. Edward Terry Sanford.......... Tennessee............... Jan. 29, 1923 Mar. 8, 1930 7
65. Harlan Fiske Stone............ New York................ Feb. 5, 1925 July 2, 1941 16
66. Owen Josephus Roberts......... Pennsylvania............ May 20, 1930 July 31, 1945 15
67. Benjamin Nathan Cardozo....... New York................ Mar. 2, 1932 July 9, 1938 6
68. Hugo Lafayette Black.......... Alabama................. Aug. 18, 1937 Sept. 17, 1971 34
69. Stanley Forman Reed........... Kentucky................ Jan. 27, 1938 Feb. 25, 1957 19
70. Felix Frankfurter............. Massachusetts........... Jan. 20, 1939 Aug. 28, 1962 23
71. William Orville Douglas....... Connecticut............. Apr. 15, 1939 Nov. 12, 1975 36
72. Frank Murphy.................. Michigan................ Jan. 18, 1940 July 19, 1949 9
73. James Francis Byrnes.......... South Carolina.......... June 25, 1941 Oct. 3, 1942 1
74. Robert Houghwout Jackson...... New York................ July 11, 1941 Oct. 9, 1954 13
75. Wiley Blount Rutledge......... Iowa.................... Feb. 11, 1943 Sept. 10, 1949 6
76. Harold Hitz Burton............ Ohio.................... Sept. 22, 1945 Oct. 13, 1958 13
77. Thomas Campbell Clark......... Texas................... Aug. 19, 1949 June 12, 1967 17
78. Sherman Minton................ Indiana................. Oct. 5, 1949 Oct. 15, 1956 7
79. John Marshall Harlan.......... New York................ Mar. 17, 1955 Sept. 23, 1971 16
80. William J. Brennan, Jr........ New Jersey.............. Oct. 15, 1956 July 20, 1990 34
81. Charles Evans Whittaker....... Missouri................ Mar. 22, 1957 Mar. 31, 1962 5
82. Potter Stewart................ Ohio.................... Oct. 14, 1958 July 3, 1981 23
83. Byron R. White................ Colorado................ Apr. 12, 1962 June 28, 1993 31
84. Arthur J. Goldberg............ Illinois................ Sept. 28, 1962 July 25, 1965 2
85. Abe Fortas.................... Tennessee............... Aug. 11, 1965 May 14, 1969 3
86. Thurgood Marshall............. New York................ Aug. 30, 1967 Oct. 1, 1991 24
87. Harry A. Blackmun............. Minnesota............... May 14, 1970 Aug. 3, 1994 24
88. Lewis Franklin Powell, Jr..... Virginia................ Dec. 9, 1971 June 26, 1987 16
89. William Hubbs Rehnquist....... Arizona................. Dec. 15, 1971 Sept. 25, 1986 15
90. John Paul Stevens............. Illinois................ Dec. 17, 1975 June 29, 2010 34
91. Sandra Day O'Connor........... Arizona................. Sept. 22, 1981 Jan. 31, 2006 26
92. Antonin Scalia................ Virginia................ Sept. 25, 1986 ................... .......
93. Anthony M. Kennedy............ California.............. Feb. 18, 1988 ................... .......
94. David Hackett Souter.......... New Hampshire........... Oct. 29, 1990 June 29, 2009 18
95. Clarence Thomas............... Georgia................. Oct. 23, 1991 ................... .......
96. Ruth Bader Ginsburg........... New York................ Aug. 10, 1993 ................... .......
97. Stephen G. Breyer............. Massachusetts........... Aug. 3, 1994 ................... .......
98. Samuel A. Alito, Jr........... New Jersey.............. Jan. 31, 2006 ................... .......
99. Sonia M. Sotomayor............ New York................ Aug. 8, 2009 ................... .......
100. Elena Kagan.................. Massachusetts........... Aug. 7, 2010 ................... .......
----------------------------------------------------------------------------------------------------------------
\1\Source: Marshal, Supreme Court of the United States.
\2\The acceptance of the appointment and commission by the appointee, as evidenced by the taking of the
prescribed oaths, is here implied, otherwise the individual is not carried on this list of the Members of the
Court. Examples: Robert Hanson Harrison is not carried, as a letter from President Washington of February 9,
1790, states Harrison declined to serve; neither is Edwin M. Stanton, who died before he could take the
necessary steps toward becoming a Member of the Court. Chief Justice Rutledge is included because he took his
oaths and presided over the August term of 1795, his name appearing on two opinions of the Court for that
term.
\3\Where a Member received two commissions the one entered on the Court's Minutes is here used.
\4\Commissioned July 1, 1795 (during adjournment of Congress); presided at August term, 1795. Nomination
rejected by the Senate Dec. 15, 1795.
\5\Also served as Associate Justice.
1971
SECRETARIES OF STATE
----------------------------------------------------------------------------------------------------------------
Name Confirmation date\1\ President
----------------------------------------------------------------------------------------------------------------
1. Thomas Jefferson.................... Sept. 26, 1789 George Washington.
Do................................ Mar. 4, 1793 Do.
2. Edmund Randolph..................... Jan. 2, 1794 Do.
3. Timothy Pickering................... Dec. 10, 1795 Do.
Do................................ Mar. 4, 1797 John Adams.
4. John Marshall....................... May 13, 1800 Do.
5. James Madison....................... Mar. 5, 1801 Thomas Jefferson.
Do................................ Mar. 4, 1805 Do.
6. Robert Smith........................ Mar. 6, 1809 James Madison.
7. James Monroe........................ Nov. 25, 1811 Do.\2\
Do................................ Feb. 28, 1815 Do.
8. John Quincy Adams................... Mar. 5, 1817 James Monroe.
9. Henry Clay.......................... Mar. 7, 1825 John Quincy Adams.
10. Martin Van Buren.................... Mar. 6, 1829 Andrew Jackson.
11. Edward Livingston................... Jan. 12, 1832 Do.\3\
12. Louis McLane........................ May 29, 1833 Do.
13. John Forsyth........................ June 27, 1834 Do.
Do................................ Mar. 4, 1837 Martin Van Buren.
14. Daniel Webster...................... Mar. 5, 1841 William H. Harrison.
Do................................ Apr. 6, 1841 John Tyler.
15. Abel P. Upshur...................... Jan. 2, 1844 Do.\4\
16. John C. Calhoun..................... Mar. 6, 1844 Do.
17. James Buchanan...................... Mar. 5, 1845 James K. Polk.
18. John M. Clayton..................... Mar. 7, 1849 Zachary Taylor.
19. Daniel Webster...................... July 20, 1850 Millard Fillmore.
20. Edward Everett...................... Dec. 9, 1852 Do.\5\
21. William L. Marcy.................... Mar. 7, 1853 Franklin Pierce.
22. Lewis Cass.......................... Mar. 6, 1857 James Buchanan.
23. Jeremiah S. Black................... Dec. 17, 1860 Do.
24. William H. Seward................... Mar. 5, 1861 Abraham Lincoln.
Do............................... ......................... Andrew Johnson.
25. Elihu B. Washburne.................. Mar. 5, 1869 Ulysses S. Grant.
26. Hamilton Fish....................... Mar. 11, 1869 Do.
Do............................... Mar. 17, 1873 Do.
27. William M. Evarts................... Mar. 10, 1877 Rutherford B. Hayes.
28. James G. Blaine..................... Mar. 5, 1881 James A. Garfield.
29. Frederick T. Frelinghuysen.......... Dec. 12, 1881 Chester A. Arthur.
30. Thomas F. Bayard.................... Mar. 6, 1885 Grover Cleveland.
31. James G. Blaine..................... Mar. 5, 1889 Benjamin Harrison.
32. John W. Foster...................... June 29, 1892 Do.
33. Walter Q. Gresham................... Mar. 6, 1893 Grover Cleveland.
34. Richard Olney....................... Dec. 3, 1895 Do.\6\
35. John Sherman........................ Mar. 5, 1897 William McKinley.
36. William R. Day...................... Apr. 26, 1898 Do.
37. John Hay............................ Dec. 7, 1898 Do.\7\
Do............................... Mar. 5, 1901 Do.
Do............................... Mar. 6, 1905 Theodore Roosevelt.
38. Elihu Root.......................... Dec. 6, 1905 Do.\8\
39. Robert Bacon........................ Jan. 27, 1909 Do.
40. Philander C. Knox................... Mar. 5, 1909 William H. Taft.
41. William Jennings Bryan.............. Mar. 5, 1913 Woodrow Wilson.
42. Robert Lansing...................... Dec. 13, 1915 Do.\9\
43. Bainbridge Colby.................... Mar. 22, 1920 Do.
44. Charles Evans Hughes................ Mar. 4, 1921 Warren G. Harding.
Do............................... ......................... Calvin Coolidge.
45. Frank B. Kellogg.................... Feb. 16, 1925 Do.
46. Henry Lewis Stimson................. Mar. 5, 1929 Herbert C. Hoover.
47. Cordell Hull........................ Mar. 4, 1933 Franklin D. Roosevelt.
48. Edward R. Stettinius, Jr............ Nov. 30, 1944 Do.
49. James F. Byrnes..................... July 2, 1945 Harry S. Truman.
50. George C. Marshall.................. Jan. 8, 1947 Do.
51. Dean G. Acheson..................... Jan. 18, 1949 Do.
52. John Foster Dulles.................. Jan. 21, 1953 Dwight D. Eisenhower.
53. Christian A. Herter................. Apr. 21, 1959 Do.
54. Dean Rusk........................... Jan. 21, 1961 John F. Kennedy.
Do............................... ......................... Lyndon B. Johnson.
55. William P. Rogers................... Jan. 20, 1969 Richard M. Nixon.
56. Henry A. Kissinger.................. Sept. 20, 1973 Do.
Do................................ ......................... Gerald R. Ford.
57. Cyrus Vance......................... Jan. 20, 1977 Jimmy Carter.
58. Edmund S. Muskie.................... May 7, 1980 Do.
59. Alexander Meigs Haig, Jr............ Jan. 21, 1981 Ronald Reagan.
60. George P. Shultz.................... July 15, 1982 Do.
61. James A. Baker III.................. Jan. 25, 1989 George Bush.
62. Lawrence S. Eagleburger............. Dec. 10, 1992 Do.
63. Warren Christopher.................. Jan. 20, 1993 William J. Clinton.
64. Madeleine K. Albright............... Jan. 22, 1997 Do.
65. Colin L. Powell..................... Jan. 20, 2001 George W. Bush.
66. Condoleeza Rice..................... Jan. 26, 2005 Do.
67. Hillary Rodham Clinton.............. Jan. 21, 2009 Barack Obama.
68. John Kerry.......................... Jan. 29, 2013 Do.
----------------------------------------------------------------------------------------------------------------
\1\Previous editions of the Senate Manual listed the appointment date for cabinet officers. This edition
provides the Senate's confirmation date. If the cabinet officer was appointed and began service during a
Senate recess, a footnote provides a beginning service date.
\2\Recess appointment; began service April 2, 1811.
\3\Recess appointment; began service May 24, 1831.
\4\Recess appointment; began service July 24, 1843.
\5\Recess appointment; began service Nov. 6, 1852.
\6\Recess appointment; began service June 8, 1895.
\7\Recess appointment; began service Sept. 30, 1898.
\8\Recess appointment; began service July 19, 1905.
\9\Recess appointment; began service June 24, 1915.
1972
SECRETARIES OF THE TREASURY
----------------------------------------------------------------------------------------------------------------
Name Confirmation date President
----------------------------------------------------------------------------------------------------------------
1. Alexander Hamilton.................. Sept. 11, 1789 George Washington.
2. Oliver Wolcott, Jr.................. Feb. 3, 1795 Do.
Do............................... ......................... John Adams.
3. Samuel Dexter....................... Dec. 31, 1800 Do.
Do............................... ......................... Thomas Jefferson.
4. Albert Gallatin..................... Jan. 26, 1802 Do.\1\
Do............................... ......................... James Madison.
5. George W. Campbell.................. Feb. 9, 1814 Do.
6. Alexander J. Dallas................. Oct. 6, 1814 Do.
7. William H. Crawford................. Oct. 22, 1816 Do.
Do............................... Mar. 5, 1817 James Monroe.
8. Richard Rush........................ Mar. 7, 1825 John Quincy Adams.
9. Samuel D. Ingham.................... Mar. 6, 1829 Andrew Jackson.
10. Louis McLane........................ Jan. 13, 1832 Do.\2\
11. William J. Duane.................... ......................... Do.\3\
12. Roger B. Taney...................... ......................... Do.\4\
13. Levi Woodbury....................... June 27, 1834 Do.
Do............................... ......................... Martin Van Buren.
14. Thomas Ewing........................ Mar. 5, 1841 William H. Harrison.
Do............................... ......................... John Tyler.
15. Walter Forward...................... Sept. 13, 1841 Do.
16. John C. Spencer..................... Mar. 3, 1843 Do.
17. George M. Bibb...................... June 15, 1844 Do.
Do............................... ......................... James K. Polk.
18. Robert J. Walker.................... Mar. 5, 1845 Do.
19. William M. Meredith................. Mar. 7, 1849 Zachary Taylor.
Do............................... ......................... Millard Fillmore.
20. Thomas Corwin....................... July 20, 1850 Do.
21. James Guthrie....................... Mar. 7, 1853 Franklin Pierce.
22. Howell Cobb......................... Mar. 6, 1857 James Buchanan.
23. Phillip F. Thomas................... Dec. 12, 1860 Do.
24. John A. Dix......................... Jan. 11, 1861 Do.
25. Salmon P. Chase..................... Mar. 5, 1861 Abraham Lincoln.
26. William Pitt Fessenden.............. July 1, 1864 Do.
27. Hugh McCulloch...................... Mar. 7, 1865 Do.
Do............................... ......................... Andrew Johnson.
28. George S. Boutwell.................. Mar. 11, 1869 Ulysses S. Grant.
29. William A. Richardson............... Mar. 17, 1873 Do.
30. Benjamin H. Bristow................. June 2, 1874 Do.
31. Lot M. Morrill...................... June 21, 1876 Do.
Do............................... ......................... Rutherford B. Hayes.
32. John Sherman........................ Mar. 8, 1877 Do.
33. William Windom...................... Mar. 5, 1881 James A. Garfield.
Do............................... ......................... Chester A. Arthur.
34. Charles J. Folger................... Oct. 27, 1881 Do.
35. Walter Q. Gresham................... ......................... Do.\5\
36. Hugh McCulloch...................... Dec. 18, 1884 Do.\6\
Do............................... ......................... Grover Cleveland.
37. Daniel Manning...................... Mar. 6, 1885 Do.
38. Charles S. Fairchild................ Dec. 15, 1887 Do.\7\
Do............................... ......................... Benjamin Harrison.
39. William Windom...................... Mar. 5, 1889 Do.
40. Charles Foster...................... Feb. 24, 1891 Do.
Do............................... ......................... Grover Cleveland.
41. John G. Carlisle.................... Mar. 6, 1893 Do.
Do............................... ......................... William McKinley.
42. Lyman J. Gage....................... Mar. 5, 1897 Do.
Do............................... Mar. 5, 1901 Do.
43. Leslie M. Shaw...................... Jan. 9, 1902 Theodore Roosevelt.
Do............................... Mar. 6, 1905 Do.
44. George B. Cortelyou................. Jan. 15, 1907 Do.
45. Franklin MacVeagh................... Mar. 5, 1909 William H. Taft.
46. William G. McAdoo................... Mar. 5, 1913 Woodrow Wilson.
47. Carter Glass........................ Dec. 6, 1918 Do.
48. David Franklin Houston.............. Jan. 31, 1920 Do.
49. Andrew W. Mellon.................... Mar. 4, 1921 Warren G. Harding.
Do............................... ......................... Calvin Coolidge.
Do............................... ......................... Herbert C. Hoover.
50. Ogden L. Mills...................... Feb. 10, 1932 Do.
51. William H. Woodin................... Mar. 4, 1933 Franklin D. Roosevelt.
52. Henry Morgenthau, Jr................ Jan. 8, 1934 Do.
Do................................ ......................... Harry S. Truman.
53. Fred M. Vinson...................... July 17, 1945 Do.
54. John W. Snyder...................... June 11, 1946 Do.
55. George M. Humphrey.................. Jan. 21, 1953 Dwight D. Eisenhower.
56. Robert B. Anderson.................. July 2, 1957 Do.
57. Douglas Dillon...................... Jan. 21, 1961 John F. Kennedy.
Do................................ ......................... Lyndon B. Johnson.
58. Henry H. Fowler..................... Mar. 25, 1965 Do.
59. Joseph W. Barr...................... Dec. 21, 1968 Do.\8\
60. David M. Kennedy.................... Jan. 20, 1969 Richard M. Nixon.
61. John B. Connally.................... Feb. 8, 1971 Do.
62. George P. Shultz.................... June 8, 1972 Do.
63. William E. Simon.................... Apr. 30, 1974 Do.
Do................................ ......................... Gerald R. Ford.
64. W. Michael Blumenthal............... Jan. 20, 1977 Jimmy Carter.
65. G. William Miller................... Aug. 2, 1979 Do.
66. Donald T. Regan..................... Jan. 21, 1981 Ronald Reagan.
67. James A. Baker, III................. Jan. 29, 1985 Do.
68. Nicholas F. Brady................... Sept. 14, 1988 Do.
Do................................ ......................... George Bush.
69. Lloyd Bentsen....................... Jan. 20, 1993 William J. Clinton.
70. Robert E. Rubin..................... Jan. 10, 1995 Do.
71. Lawrence H. Summers................. July 1, 1999 Do.
72. Paul H. O'Neill..................... Jan. 20, 2001 George W. Bush.
73. John Snow........................... Jan. 30, 2003 Do.
74. Henry Paulson....................... June 28, 2006 Do.
75. Timothy Geithner.................... Jan. 26, 2009 Barack Obama.
76. Jack Lew............................ Feb. 27, 2013 Do.
----------------------------------------------------------------------------------------------------------------
\1\Recess appointment. Began service May 14, 1801.
\2\Recess appointment. Began service Aug. 8, 1831.
\3\Recess appointment that was not submitted to the Senate. Duane served from May 29, 1833, to Sept. 23, 1833.
\4\Recess appointment. Began service Sept. 23, 1833, but was rejected by the Senate on Jun. 24, 1834.
\5\Recess appointment. Served from Sept. 25, 1884, to Oct. 30, 1884.
\6\Recess appointment. Began service on Oct. 31, 1884.
\7\Recess appointment. Began service on Apr. 1, 1887.
\8\Recess appointment. Received new commission Jan. 9, 1969, upon confirmation by the Senate.
1973
SECRETARIES OF DEFENSE*
----------------------------------------------------------------------------------------------------------------
Name Confirmation date President
----------------------------------------------------------------------------------------------------------------
1. James V. Forrestal.................. July 26, 1947 Harry S. Truman.
2. Louis A. Johnson.................... Mar. 23, 1949 Do.
3. George C. Marshall.................. Sept. 20, 1950 Do.
4. Robert A. Lovett.................... Sept. 14, 1951 Do.
5. Charles E. Wilson................... Jan. 26, 1953 Dwight D. Eisenhower.
6. Neil Hosler McElroy................. Aug. 19, 1957 Do.
7. Thomas Sovereign Gates, Jr.......... Jan. 26, 1960 Do.
8. Robert S. McNamara.................. Jan. 21, 1961 John F. Kennedy.
Do............................... ......................... Lyndon B. Johnson.
9. Clark M. Clifford................... Jan. 30, 1968 Do.
10. Melvin R. Laird..................... Jan. 20, 1969 Richard M. Nixon.
11. Elliot L. Richardson................ Jan. 29, 1973 Do.
12. James R. Schlesinger................ June 28, 1973 Do.
Do............................... ......................... Gerald R. Ford.
13. Donald H. Rumsfeld.................. Nov. 18, 1975 Do.
14. Harold Brown........................ Jan. 20, 1977 Jimmy Carter.
15. Caspar Willard Weinberger........... Jan. 20, 1981 Ronald Reagan.
16. Frank C. Carlucci................... Nov. 20, 1987 Do.
17. Richard B. Cheney................... Mar. 17, 1989 George Bush.
18. Les Aspin........................... Jan. 20, 1993 William J. Clinton.
19. William J. Perry.................... Feb. 3, 1994 Do.
20. William S. Cohen.................... Jan. 22, 1997 Do.
21. Donald H. Rumsfeld.................. Jan. 20, 2001 George W. Bush.
22. Robert Gates........................ Dec. 6, 2006 Do.
Do............................... ......................... Barack Obama.
23. Leon E. Panetta..................... Jan. 21, 2011 Do.
24. Chuck Hagel......................... Feb. 26, 2013 Do.
----------------------------------------------------------------------------------------------------------------
*The National Security Act of 1947, Public Law 253, 80th Cong., approved July 26, 1947, created the office of
Secretary of Defense and merged the War and Navy Departments into the National Military Establishment.
1974
SECRETARIES OF WAR*
----------------------------------------------------------------------------------------------------------------
Name Confirmation date President
----------------------------------------------------------------------------------------------------------------
1. Harry Knox.......................... Sept. 12, 1789 George Washington.
2. Timothy Pickering................... Jan. 2, 1795 Do.
3. James McHenry....................... Jan. 27, 1796 Do.
Do............................... Mar. 4, 1797 John Adams.
4. Samuel Dexter....................... May 13, 1800 Do.
5. Roger Griswold...................... Feb. 3, 1801 Do.
6. Henry Dearborn...................... Mar. 5, 1801 Thomas Jefferson.
7. William Eustis...................... Mar. 6, 1809 James Madison.
8. John Armstrong...................... Jan. 13, 1813 Do.
9. James Monroe........................ Sept. 27, 1814 Do.
10. William H. Crawford................. Mar. 3, 1815 Do.
11. John C. Calhoun..................... Dec. 15, 1817 James Monroe.\1\
12. James Barbour....................... Mar. 7, 1825 John Quincy Adams.
13. Peter B. Porter..................... May 26, 1828 Do.
14. John H. Eaton....................... Mar. 9, 1829 Andrew Jackson.
15. Lewis Cass.......................... Dec. 30, 1831 Do.\2\
16. Benjamin F. Butter.................. Mar. 3, 1837 Do.\3\
17. Joel R. Poinsett.................... Mar. 7, 1837 Martin Van Buren.
18. John Bell........................... Mar. 5, 1841 William H. Harrison.
Do............................... ......................... John Tyler.
19. John C. Spencer..................... Dec. 20, 1841 Do.
20. James M. Porter..................... ......................... Do.\4\
21. William Wilkins..................... Feb. 15, 1844 Do.
22. William L. Marcy.................... Mar. 5, 1845 James K. Polk.
23. George W. Crawford.................. Mar. 7, 1849 Zachary Taylor.
24. Charles M. Conard................... Aug. 15, 1850 Millard Fillmore.
25. Jefferson Davis..................... Mar. 7, 1853 Franklin Pierce.
26. John B. Floyd....................... Mar. 6, 1857 James Buchanan.
27. Joseph Holt......................... Jan. 18, 1861 Do.
28. Simon Cameron....................... Mar. 5, 1861 Abraham Lincoln.
29. Edwin M. Stanton.................... Jan. 15, 1862 Do.
Do............................... ......................... Andrew Johnson.
30. Ulysses S. Grant.................... ......................... Do.\5\
31. John M. Schofield................... May 30, 1868 Do.
32. John A. Rawlins..................... Mar. 11, 1869 Ulysses S. Grant.
33. William T. Sherman.................. ......................... Do.\6\
34. William W. Belknap.................. Dec. 8, 1869 Do.
Do............................... Mar. 17, 1873 Do.
35. Alphonso Taft....................... Mar. 8, 1876 Do.
36. James D. Cameron.................... May 22, 1876 Do.
37. George W. McCrary................... Mar. 10, 1877 Rutherford B. Hayes.
38. Alexander Ramsey.................... Dec. 10, 1879 Do.
39. Robert T. Lincoln................... Mar. 5, 1881 James A. Garfield.
Do............................... ......................... Chester A. Arthur.
40. William C. Endicott................. Mar. 6, 1885 Grover Cleveland.
41. Redfield Proctor.................... Mar. 5, 1889 Benjamin Harrison.
42. Stephen B. Elkins................... Dec. 22, 1891 Do.
43. Daniel S. Lamont.................... Mar. 6, 1893 Grover Cleveland.
44. Russell A. Alger.................... Mar. 5, 1897 William McKinley.
45. Elihu Root.......................... Dec. 6, 1899 Do.\7\
Do............................... Mar. 5, 1901 Do.
Do............................... ......................... Theodore Roosevelt.
46. William H. Taft..................... Jan. 11, 1904 Do.
Do............................... Mar. 6, 1905 Do.
47. Luke E. Wright...................... Dec. 9, 1908 Do.\8\
48. Jacob M. Dickinson.................. Mar. 5, 1909 William H. Taft.
49. Henry Lewis Stimson................. May 16, 1911 Do.
50. Lindley M. Garrison................. Mar. 5, 1913 Woodrow Wilson.
51. Newton D. Baker..................... Mar. 7, 1916 Do.
52. John Wingate Weeks.................. Mar. 4, 1921 Warren G. Harding.
Do............................... ......................... Calvin Coolidge.
53. Dwight F. Davis..................... Dec. 15, 1925 Do.
54. James William Good.................. Mar. 5, 1929 Herbert C. Hoover.
55. Patrick J. Hurley................... Dec. 9, 1929 Do.
56. George H. Dern...................... Mar. 4, 1933 Franklin D. Roosevelt.
57. Harry Hines Woodring................ May 6, 1937 Do.
58. Henry Lewis Stimson................. July 9, 1940 Do.
Do............................... ......................... Harry S. Truman.
59. Robert P. Patterson................. Sept. 20, 1945 Do.
60. Kenneth C. Royall................... July 19, 1947 Do.
----------------------------------------------------------------------------------------------------------------
*The National Security Act of 1947, Public Law 253, 80th Cong., approved July 26, 1947, created the office of
Secretary of Defense and merged the War and Navy Departments into the National Military Establishment.
\1\Recess appointment. Began service on Oct. 8, 1817.
\2\Recess appointment. Began service on Aug. 1, 1831.
\3\Recess appointment. Began service on Oct. 6, 1836.
\4\Recess appointment. Began service on Mar. 8, 1843, but was rejected by the Senate on Jan. 30, 1844.
\5\Recess appointment. Served ad interim from Aug. 12, 1867, to Jan. 12, 1868.
\6\Recess appointment. Began service on Sept. 9, 1869, but nomination not submitted to Senate.
\7\Recess appointment. Began service on Aug. 1, 1899.
\8\Recess appointment. Began service on July 1, 1908.
1975
ATTORNEYS GENERAL
----------------------------------------------------------------------------------------------------------------
Name Confirmation date President
----------------------------------------------------------------------------------------------------------------
1. Edmund Randolph..................... Sept. 26, 1789 George Washington.
2. William Bradford.................... Jan. 27, 1794 Do.
3. Charles Lee......................... Dec. 10, 1795 Do.
Do............................... ......................... John Adams.
4. Levi Lincoln........................ Mar. 5, 1801 Thomas Jefferson.
5. John Breckenridge................... Dec. 23, 1805 Do.\1\
6. Caesar A. Rodney.................... Jan. 20, 1807 Do.
Do............................... ......................... James Madison.
7. William Pinckney.................... Dec. 11, 1811 Do.
8. Richard Rush........................ Feb. 10, 1814 Do.
Do............................... ......................... James Monroe.
9. William Wirt........................ Dec. 15, 1817 Do.\2\
Do............................... ......................... John Quincy Adams.
10. John M. Berrien..................... Mar. 9, 1829 Andrew Jackson.
11. Roger B. Taney...................... Dec. 27, 1831 Do.\3\
12. Benjamin F. Butler.................. June 24, 1834 Do.\4\
Do............................... ......................... Martin Van Buren.
13. Felix Grundy........................ July 5, 1838 Do.
14. Henry D. Gilpin..................... Jan. 10, 1840 Do.
15. John J. Crittenden.................. Mar. 5, 1841 William H. Harrison.
Do............................... ......................... John Tyler.
16. Hugh S. Legare...................... Sept. 13, 1841 Do.
17. John Nelson......................... Jan. 2, 1844 Do.\5\
18. John Y. Mason....................... Mar. 5, 1845 James K. Polk.
19. Nathan Clifford..................... Dec. 23, 1846 Do.\6\
20. Isaac Toucey........................ June 21, 1848 Do.
21. Reverdy Johnson..................... Mar. 7, 1849 Zachary Taylor.
22. John J. Crittenden.................. July 20, 1850 Millard Fillmore.
23. Caleb Cushing....................... Mar. 7, 1853 Franklin Pierce.
24. Jeremiah S. Black................... Mar. 6, 1857 James Buchanan.
25. Edwin M. Stanton.................... Dec. 20, 1860 Do.
26. Edward Bates........................ Mar. 5, 1861 Abraham Lincoln.
27. James Speed......................... Dec. 12, 1864 Do.
Do............................... ......................... Andrew Johnson.
28. Henry Stanbery...................... July 23, 1866 Do.\7\
29. William M. Evarts................... July 15, 1868 Do.
30. E. Rockwood Hoar.................... Mar. 5, 1869 Ulysses S. Grant.
31. Amos T. Ackerman.................... June 23, 1870 Do.
32. George H. Williams.................. Dec. 14, 1871 Do.
Do............................... Mar. 17, 1873 Do.
33. Edwards Pierrepont.................. Dec. 9, 1875 Do.\8\
34. Alphonso Taft....................... May 22, 1876 Do.
35. Charles Devens...................... Mar. 10, 1877 Rutherford B. Hayes.
36. Wayne MacVeagh...................... Mar. 5, 1881 James A. Garfield.
Do............................... ......................... Chester A. Arthur.
37. Benjamin H. Brewster................ Dec. 19, 1881 Do.
38. Augustus H. Garland................. Mar. 6, 1885 Grover Cleveland.
39. William H. H. Miller................ Mar. 5, 1889 Benjamin Harrison.
40. Richard Olney....................... Mar. 6, 1893 Grover Cleveland.
41. Judson Harmon....................... Dec. 3, 1895 Do.\9\
42. Joseph McKenna...................... Mar. 5, 1897 William McKinley.
43. John W. Griggs...................... Jan. 25, 1898 Do.
Do............................... Mar. 5, 1901 Do.
44. Philander C. Knox................... Dec. 16, 1901 Do.\10\
Do............................... ......................... Theodore Roosevelt.
45. William H. Moody.................... Dec. 7, 1904 Theodore Roosevelt.\11\
Do............................... Mar. 6, 1905 Do.
46. Charles J. Bonaparte................ Dec. 12, 1906 Do.
47. George W. Wickersham................ Mar. 5, 1909 William H. Taft.
48. James Clark McReynolds.............. Mar. 5, 1913 Woodrow Wilson.
49. Thomas Watt Gregory................. Aug. 29, 1914 Do.
50. A. Mitchell Palmer.................. Aug. 29, 1919 Do.\12\
51. Harry M. Daugherty.................. Mar. 4, 1921 Warren G. Harding.
Do............................... ......................... Calvin Coolidge.
52. Harlan F. Stone..................... Apr. 7, 1924 Do.
53. John G. Sargent..................... Mar. 17, 1925 Do.
54. William DeWitt Mitchell............. Mar. 5, 1929 Herbert C. Hoover.
55. Homer S. Cummings................... Mar. 4, 1933 Franklin D. Roosevelt.
56. Frank Murphy........................ Jan. 17, 1939 Do.
57. Robert H. Jackson................... Jan. 16, 1940 Do.
58. Francis Biddle...................... Sept. 5, 1941 Do.
Do............................... ......................... Harry S. Truman.
59. Tom C. Clark........................ June 14, 1945 Harry S. Truman.
60. J. Howard McGrath................... Aug. 18, 1949 Do.
61. James P. McGranery.................. May 20, 1952 Do.
62. Herbert Brownell, Jr................ Jan. 21, 1953 Dwight D. Eisenhower.
63. William P. Rogers................... Jan. 27, 1958 Do.
64. Robert F. Kennedy................... Jan. 21, 1961 John F. Kennedy.
Do............................... ......................... Lyndon B. Johnson.
65. Nicholas deB. Katzenbach............ Feb. 10, 1965 Do.
66. Ramsey Clark........................ Mar. 2, 1967 Do.
67. John N. Mitchell.................... Jan. 20, 1969 Richard M. Nixon.
68. Richard G. Kleindienst.............. June 8, 1972 Do.
69. Elliot L. Richardson................ May 23, 1973 Do.
70. William B. Saxbe.................... Dec. 17, 1973 Do.
Do............................... ......................... Gerald R. Ford.
71. Edward Hirsch Levi.................. Feb. 5, 1975 Do.
72. Griffin B. Bell..................... Jan. 25, 1977 Jimmy Carter.
73. Benjamin R. Civiletti............... Aug. 1, 1979 Do.
74. William French Smith................ Jan. 22, 1981 Ronald Reagan.
75. Edwin Meese III..................... Feb. 23, 1985 Do.
76. Richard L. Thornburgh............... Aug. 11, 1988 Do.
Do............................... ......................... George Bush.
77. William P. Barr..................... Nov. 20, 1991 Do.
78. Janet Reno.......................... Mar. 11, 1993 William J. Clinton.
79. John D. Ashcroft.................... Feb. 1, 2001 George W. Bush.
80. Alberto Gonzales.................... Feb. 3, 2005 Do.
81. Michael Mukasey..................... Nov. 8, 2007 Do.
82. Eric Holder......................... Feb. 2, 2009 Barack Obama.
----------------------------------------------------------------------------------------------------------------
\1\Recess appointment. Began service Aug. 7, 1805.
\2\Recess appointment. Began service Nov. 15, 1817.
\3\Recess appointment. Began service July 20, 1831.
\4\Recess appointment. Began service Nov. 15, 1833.
\5\Recess appointment. Began service July 1, 1843.
\6\Recess appointment. Began service Oct. 17, 1846.
\7\Stanbery left his position as attorney general to serve as counsel to President Andrew Johnson in his
impeachment trial. When Johnson again nominated Stanbery as attorney general after the trial, the Senate
rejected the nomination.
\8\Recess appointment. Began service May 15, 1875.
\9\Recess appointment. Began service June 11, 1895.
\10\Recess appointment. Began service April 10, 1901.
\11\Recess appointment. Began service July 1, 1904.
\12\Palmer was nominated Feb. 27, 1919, but the Senate failed to act on the nomination. Wilson appointed him as
a recess appointment and he began service on Mar. 5, 1919.
1976
POSTMASTERS GENERAL*
----------------------------------------------------------------------------------------------------------------
Name Confirmation date President
----------------------------------------------------------------------------------------------------------------
1. Samuel Osgood....................... Sept. 26, 1789 George Washington.
2. Timothy Pickering................... Nov. 7, 1791 Do.\1\
3. Joseph Habersham.................... Feb. 25, 1795 Do.
Do............................... ......................... John Adams.
Do............................... ......................... Thomas Jefferson.
4. Gideon Granger...................... Jan. 6, 1802 Do.\2\
Do................................ ......................... James Madison.
5. Return J. Meigs, Jr................. Mar. 17, 1814 Do.
Do................................ ......................... James Monroe.
6. John McLean......................... Dec. 9, 1823 Do.\3\
Do................................ ......................... John Quincy Adams.
7. William T. Barry.................... Mar. 9, 1829 Andrew Jackson.
8. Amos Kendall........................ Mar. 15, 1836 Do.\4\
Do................................ ......................... Martin Van Buren.
9. John M. Niles....................... May 18, 1840 Do.
10. Francis Granger..................... Mar. 5, 1841 William H. Harrison.
Do................................ ......................... John Tyler.
11. Charles A. Wickliffe................ Sept. 13, 1841 Do.
12. Cave Johnson........................ Mar. 5, 1845 James K. Polk.
13. Jacob Collamer...................... Mar. 7, 1849 Zachary Taylor.
14. Nathan K. Hall...................... July 20, 1850 Millard Fillmore.
15. Samuel D. Hubbard................... Aug. 31, 1852 Do.
16. James Campbell...................... Mar. 7, 1853 Franklin Pierce.
17. Aaron V. Brown...................... Mar. 6, 1857 James Buchanan.
18. Joseph Holt......................... Mar. 9, 1859 Do.
19. Horatio King........................ Feb. 12, 1861 Do.
20. Montgomery Blair.................... Mar. 5, 1861 Abraham Lincoln.
21. William Dennison.................... Dec. 8, 1864 Do.
Do................................ Apr. 15, 1865 Andrew Johnson.
22. Alexander W. Randall................ July 25, 1866 Do.
23. John A. Creswell.................... Mar. 5, 1869 Ulysses S. Grant.
Do................................ Mar. 17, 1873 Do.
24. James W. Marshal.................... ......................... Do.\5\
25. Marshall Jewell..................... Dec. 15, 1874 Do.\6\
26. James N. Tyner...................... July 12, 1876 Do.
27. David M. Key........................ Mar. 10, 1877 Rutherford B. Hayes.
28. Horace Maynard...................... June 2, 1880 Do.
29. Thomas L. James..................... Mar. 5, 1881 James A. Garfield.
Do................................ Oct. 27, 1881 Chester A. Arthur.
30. Timothy O. Howe..................... Dec. 20, 1881 Do.
31. Walter Q. Gresham................... Dec. 11, 1883 Do.\7\
32. Frank Hatton........................ Dec. 4, 1884 Do.\8\
33. William F. Vilas.................... Mar. 6, 1885 Grover Cleveland.
34. Don M. Dickinson.................... Jan. 16, 1888 Do.
35. John Wanamaker...................... Mar. 5, 1889 Benjamin Harrison.
36. Wilson S. Bissell................... Mar. 6, 1893 Grover Cleveland.
37. William L. Wilson................... Mar. 1, 1895 Do.
38. James A. Gary....................... Mar. 5, 1897 William McKinley.
39. Charles Emory Smith................. Apr. 21, 1898 Do.
Do................................ Mar. 5, 1901 Do.
40. Henry C. Payne...................... Jan. 9, 1902 Theodore Roosevelt.
41. Robert J. Wynne..................... Dec. 7, 1904 Do.\9\
42. George B. Cortelyou................. Mar. 6, 1905 Do.
43. George von L. Meyer................. Jan. 15, 1907 Do.\10\
44. Frank H. Hitchcock.................. Mar. 5, 1909 William H. Taft.
45. Albert Sidney Burleson.............. Mar. 5, 1913 Woodrow Wilson.
Do................................ Jan. 24, 1918 Do.
46. Will H. Hays........................ Mar. 4, 1921 Warren G. Harding.
47. Hubert Work......................... Mar. 2, 1922 Do.
48. Harry S. New........................ Feb. 27, 1923 Do.
Do................................ ......................... Calvin Coolidge.
Do................................ Mar. 5, 1925 Do.
49. Walter Folger Brown................. Mar. 5, 1929 Herbert C. Hoover.
50. James A. Farley..................... Mar. 4, 1933 Franklin D. Roosevelt.
51. Frank C. Walker..................... Sept. 6, 1940 Do.
Do................................ Feb. 5, 1945 Do.
52. Robert E. Hannegan.................. May 7, 1945 Harry S. Truman.
53. Jesse M. Donaldson.................. Dec. 15, 1947 Do.
54. Arthur E. Summerfield............... Jan. 21, 1953 Dwight D. Eisenhower.
Do................................ Feb. 4, 1957 Do.
55. J. Edward Day....................... Jan. 21, 1961 John F. Kennedy.
56. John A. Gronouski................... Sept. 24, 1963 Do.
Do................................ ......................... Lyndon B. Johnson.
57. Lawrence F. O'Brien................. Sept. 1, 1965 Do.
58. W. Marvin Watson.................... Apr. 26, 1968 Do.
59. Winton M. Blount.................... Jan. 21, 1969 Richard M. Nixon.
----------------------------------------------------------------------------------------------------------------
*The Post Office Department ceased to exist as a Cabinet Department upon the establishment of the United States
Postal Service, effective July 1, 1971. Winton M. Blount was the last Postmaster General to be appointed by a
President of the United States.
\1\Recess appointment. Began service Aug. 12, 1791.
\2\Recess appointment. Began service Nov. 28, 1791.
\3\Recess appointment. Began service June 26, 1823.
\4\Recess appointment. Began service May 1, 1835.
\5\Recess appointment. Nomination never submitted to Senate. Served July 7, 1874, to Aug. 31, 1874.
\6\Recess appointment. Began service Sept. 1, 1874.
\7\Recess appointment. Began service Apr. 11, 1883.
\8\Recess appointment. Began service Oct. 14, 1884.
\9\Recess appointment. Began service Oct. 10, 1904.
\10\To take effect Mar. 4, 1907.
1977
SECRETARIES OF THE NAVY*
----------------------------------------------------------------------------------------------------------------
Name Confirmation date President
----------------------------------------------------------------------------------------------------------------
1. Benjamin Stoddert................... May 21, 1798 John Adams.
Do................................ ......................... Thomas Jefferson.
2. Robert Smith........................ ......................... Do.\1\
3. Paul Hamilton....................... Mar. 7, 1809 James Madison.
4. William Jones....................... Jan. 12, 1813 Do.
5. Benjamin W. Crowninshield........... Dec. 19, 1814 Do.
Do................................ ......................... James Monroe.
6. Smith Thompson...................... Nov. 30, 1818 Do.
7. Samuel L. Southard.................. Dec. 9, 1823 Do.\2\
Do................................ ......................... John Quincy Adams.
8. John Branch......................... Mar. 9, 1829 Andrew Jackson.
9. Levi Woodbury....................... Dec. 27, 1831 Do.\3\
10. Mahlon Dickerson.................... June 30, 1834 Do.
Do................................ ......................... Martin Van Buren.
11. James K. Paulding................... June 20, 1838 Do.
12. George E. Badger.................... Mar. 5, 1841 William H. Harrison.
Do................................ ......................... John Tyler.
13. Abel P. Upshur...................... Sept. 13, 1841 Do.
14. David Henshaw....................... ......................... Do.\4\
15. Thomas W. Gilmer.................... Feb. 15, 1844 Do.
16. John Y. Mason....................... Mar. 14, 1844 Do.
17. George Bancroft..................... Mar. 10, 1845 James K. Polk.
18. John Y. Mason....................... Dec. 17, 1846 Do.\5\
19. William B. Preston.................. Mar. 7, 1849 Zachary Taylor.
20. William A. Graham................... July 20, 1850 Millard Fillmore.
21. John P. Kennedy..................... July 22, 1852 Do.
22. James C. Dobbin..................... Mar. 7, 1853 Franklin Pierce.
23. Isaac Toucey........................ Mar. 6, 1857 James Buchanan.
24. Gideon Welles....................... Mar. 5, 1861 Abraham Lincoln.
Do................................ ......................... Andrew Johnson.
25. Adolph E. Borie..................... Mar. 5, 1869 Ulysses S. Grant.
26. George M. Robeson................... Dec. 8, 1869 Do.\6\
Do................................ Mar. 17, 1873 Do.
27. Richard W. Thompson................. Mar. 10, 1877 Rutherford B. Hayes.
28. Nathan Goff, Jr..................... Jan. 6, 1881 Do.
29. William H. Hunt..................... Mar. 5, 1881 James A. Garfield.
30. William E. Chandler................. Apr. 12, 1882 Chester A. Arthur.
31. William C. Whitney.................. Mar. 6, 1885 Grover Cleveland.
32. Benjamin F. Tracy................... Mar. 5, 1889 Benjamin Harrison.
33. Hilary A. Herbert................... Mar. 6, 1893 Grover Cleveland.
34. John D. Long........................ Mar. 5, 1897 William McKinley.
Do................................ Mar. 5, 1901 Do.
35. William H. Moody.................... Apr. 29, 1902 Theodore Roosevelt.
36. Paul Morton......................... Dec. 7, 1904 Do.\7\
Do................................ Mar. 6, 1905 Do.
37. Charles J. Bonaparte................ Dec. 7, 1905 Theodore Roosevelt.\8\
38. Victor H. Metcalf................... Dec. 12, 1906 Do.
39. Truman H. Newberry.................. Dec. 9, 1908 Do.
40. George von L. Meyer................. Mar. 5, 1909 William H. Taft.
41. Josephus Daniels.................... Mar. 5, 1913 Woodrow Wilson.
42. Edwin Denby......................... Mar. 4, 1921 Warren G. Harding.
Do................................ ......................... Calvin Coolidge.
43. Curtis D. Wilbur.................... Mar. 18, 1924 Do.
44. Charles Francis Adams............... Mar. 5, 1929 Herbert C. Hoover.
45. Claude A. Swanson................... Mar. 4, 1933 Franklin D. Roosevelt.
46. Charles Edison...................... Jan. 11, 1940 Do.
47. Frank Knox.......................... July 10, 1940 Do.
48. James V. Forrestal.................. May 17, 1944 Do.
----------------------------------------------------------------------------------------------------------------
*The Navy and War Departments were merged into the National Military Establishment by Public Law 253, 80th
Cong., approved July 26, 1947.
\1\Recess appointment. Began service July 27, 1801.
\2\Recess appointment. Began service Sept. 16, 1823.
\3\Recess appointment. Began service May 23, 1831.
\4\Recess appointment. Began service July 24, 1843. Rejected by the Senate on Jan. 15, 1844.
\5\Recess appointment. Began service Sept. 9, 1846.
\6\Recess appointment. Began service June 26, 1869.
\7\Recess appointment. Began service July 1, 1904.
\8\Recess appointment. Began service July 1, 1905.
1978
SECRETARIES OF THE INTERIOR
----------------------------------------------------------------------------------------------------------------
Name Confirmation date President
----------------------------------------------------------------------------------------------------------------
1. Thomas Ewing........................ Mar. 7, 1849 Zachary Taylor.
2. Thomas M. T. McKennan............... Aug. 15, 1850 Millard Fillmore.
3. Alex H. H. Stuart................... Sept. 12, 1850 Do.
4. Robert McClelland................... Mar. 7, 1853 Franklin Pierce.
5. Jacob Thompson...................... Mar. 6, 1857 James Buchanan.
6. Caleb B. Smith...................... Mar. 5, 1861 Abraham Lincoln.
7. John P. Usher....................... Jan. 8, 1863 Do.
Do................................ Apr. 15, 1865 Andrew Johnson.
8. James Harlan........................ May 15, 1865 Do.\1\
9. Orville H. Browning................. July 27, 1866 Do.
10. Jacob D. Cox........................ Mar. 5, 1869 Ulysses S. Grant.
11. Columbus Delano..................... Dec. 8, 1870 Do.
Do................................ Mar. 17, 1873 Do.
12. Zachariah Chandler.................. Dec. 9, 1875 Do.\2\
13. Carl Schurz......................... Mar. 10, 1877 Rutherford B. Hayes.
14. Samuel J. Kirkwood.................. Mar. 5, 1881 James A. Garfield.
15. Henry M. Teller..................... Apr. 6, 1882 Chester A. Arthur.
16. Lucius Q. C. Lamar.................. Mar. 6, 1885 Grover Cleveland.
17. William F. Vilas.................... Jan. 16, 1888 Do.
18. John W. Noble....................... Mar. 5, 1889 Benjamin Harrison.
19. Hoke Smith.......................... Mar. 6, 1893 Grover Cleveland.
20. David R. Francis.................... Jan. 18, 1897 Do.\3\
21. Cornelius N. Bliss.................. Mar. 5, 1897 William McKinley.
22. Ethan Allen Hitchcock............... Dec. 21, 1898 Do.
Do................................ Mar. 5, 1901 Do.
Do................................ ......................... Theodore Roosevelt.
Do................................ Mar. 6, 1905 Do.
23. James R. Garfield................... Jan. 15, 1907 Do.
24. Richard A. Ballinger................ Mar. 5, 1909 William H. Taft.
25. Walter L. Fisher.................... Apr. 17, 1911 Do.
26. Franklin Knight Lane................ Mar. 5, 1913 Woodrow Wilson.
27. John Barton Payne................... Feb. 28, 1920 Do.
28. Albert Bacon Fall................... Mar. 4, 1921 Warren G. Harding.
29. Hubert Work......................... Feb. 27, 1923 Do.
Do................................ ......................... Calvin Coolidge.
30. Roy O. West......................... July 20, 1928 Do.
31. Ray Lyman Wilbur.................... Mar. 5, 1929 Herbert C. Hoover.
32. Harold L. Ickes..................... Mar. 4, 1933 Franklin D. Roosevelt.
Do................................ ......................... Harry S. Truman.
33. Julius A. Krug...................... Mar. 5, 1946 Do.
34. Oscar L. Chapman.................... Jan. 18, 1950 Do.\4\
35. Douglas McKay....................... Jan. 21, 1953 Dwight D. Eisenhower.
36. Frederick A. Seaton................. June 6, 1956 Do.
37. Stewart Lee Udall................... Jan. 21, 1961 John F. Kennedy.
Do................................ ......................... Lyndon B. Johnson.
38. Walter J. Hickel.................... Jan. 23, 1969 Richard M. Nixon.
39. Rogers C. B. Morton................. Jan. 28, 1971 Do.
Do............................... ......................... Gerald R. Ford.
40. Stanley K. Hathaway................. June 11, 1975 Do.
41. Thomas S. Kleppe.................... Oct. 9, 1975 Do.
42. Cecil D. Andrus..................... Jan. 20, 1977 Jimmy Carter.
43. James Gaius Watt.................... Jan. 22, 1981 Ronald Reagan.
44. William P. Clark.................... Nov. 18, 1983 Do.
45. Donald P. Hodel..................... Feb. 6, 1985 Do.
46. Manuel Lujan, Jr.................... Feb. 2, 1989 George Bush.
47. Bruce Babbitt....................... Jan. 21, 1993 William J. Clinton.
48. Gale A. Norton...................... Jan. 30, 2001 George W. Bush.
49. Dirk Kempthorne..................... May 26, 2006 Do.
50. Ken Salazar......................... Jan. 20, 2009 Barack Obama.
51. Sally Jewell........................ Apr. 10, 2013 Do.
----------------------------------------------------------------------------------------------------------------
\1\Harlan was nominated by Abraham Lincoln and confirmed by the Senate on Mar. 9, 1865, to take effect on May
15, 1865.
\2\Recess appointment. Began service Oct. 19, 1875.
\3\Recess appointment. Began service Sept. 1, 1896.
\4\Recess appointment. Began service Dec. 1, 1949.
1979
SECRETARIES OF AGRICULTURE
----------------------------------------------------------------------------------------------------------------
Name Confirmation date President
----------------------------------------------------------------------------------------------------------------
1. Norman J. Coleman................... Feb. 13, 1889 Grover Cleveland.
2. Jeremiah M. Rusk.................... Mar. 5, 1889 Benjamin Harrison.
3. Julius Sterling Morton.............. Mar. 6, 1893 Grover Cleveland.
4. James Wilson........................ Mar. 5, 1897 William McKinley.
Do............................... Mar. 5, 1901 Do.
Do............................... ......................... Theodore Roosevelt.
Do............................... Mar. 6, 1905 Do.
Do............................... Mar. 5, 1909 William H. Taft.
5. David Franklin Houston.............. Mar. 5, 1913 Woodrow Wilson.
6. Edwin Thomas Meredith............... Jan. 31, 1920 Do.
7. Henry C. Wallace.................... Mar. 4, 1921 Warren G. Harding.
Do............................... ......................... Calvin Coolidge.
8. Howard M. Gore...................... Dec. 4, 1924 Do.
9. William M. Jardine.................. Feb. 17, 1925 Do.
10. Arthur L. Hyde...................... Mar. 5, 1929 Herbert C. Hoover.
11. Henry A. Wallace.................... Mar. 4, 1933 Franklin D. Roosevelt.
12. Claude R. Wickard................... Aug. 23, 1940 Do.
13. Clinton P. Anderson................. June 1, 1945 Harry S. Truman.
14. Charles F. Brannan.................. May 28, 1948 Do.
15. Ezra Taft Benson.................... Jan. 21, 1953 Dwight D. Eisenhower.
16. Orville L. Freeman.................. Jan. 21, 1961 John F. Kennedy.
Do............................... ......................... Lyndon B. Johnson.
17. Clifford M. Hardin.................. Jan. 20, 1969 Richard M. Nixon.
18. Earl Lauer Butz..................... Dec. 2, 1971 Do.
Do............................... ......................... Gerald R. Ford.
19. John A. Knebel...................... Nov. 3, 1976 Do.\1\
20. Bob S. Bergland..................... Jan. 20, 1977 Jimmy Carter.
21. John R. Block....................... Jan. 22, 1981 Ronald Reagan.
22. Richard E. Lyng..................... Mar. 6, 1986 Do.
23. Clayton K. Yeutter.................. Feb. 8, 1989 George Bush.
24. Edward R. Madigan................... Mar. 7, 1991 Do.
25. Mike Espy........................... Jan. 21, 1993 William J. Clinton.
26. Daniel R. Glickman.................. Mar. 30, 1995 Do.
27. Ann M. Veneman...................... Jan. 20, 2001 George W. Bush
28. Mike Johanns........................ Jan. 20, 2005 Do.
29. Edward Schafer...................... Jan. 28, 2008 Do.
30. Tom Vilsack......................... Jan. 20, 2009 Barack Obama.
----------------------------------------------------------------------------------------------------------------
\1\Recess appointment. Nomination not confirmed by the Senate.
1980
SECRETARIES OF COMMERCE AND LABOR*
----------------------------------------------------------------------------------------------------------------
Name Confirmation date President
----------------------------------------------------------------------------------------------------------------
1. George B. Cortelyou................. Feb. 16, 1903 Theodore Roosevelt.
2. Victor H. Metcalf................... Dec. 7, 1904 Do.\1\
Do............................... Mar. 6, 1905 Do
3. Oscar S. Straus..................... Dec. 12, 1906 Do.
4. Charles Nagel....................... Mar. 5, 1909 William H. Taft.
----------------------------------------------------------------------------------------------------------------
*Department of Commerce and Labor abolished Mar. 3, 1913.
\1\Recess appointment. Began service July 1, 1904.
1981
SECRETARIES OF COMMERCE
----------------------------------------------------------------------------------------------------------------
Name Confirmation date President
----------------------------------------------------------------------------------------------------------------
1. William C. Redfield................. Mar. 4, 1913 Woodrow Wilson.
2. Joshua Wills Alexander.............. Dec. 11, 1919 Do.
3. Herbert C. Hoover................... Mar. 4, 1921 Warren G. Harding.
Do............................... ......................... Calvin Coolidge.
4. William F. Whiting.................. Dec. 11, 1928 Do.\1\
5. Robert Patterson Lamont............. Mar. 5, 1929 Herbert C. Hoover.
6. Roy Dikeman Chapin.................. Dec. 14, 1932 Do.\2\
7. Daniel C. Roper..................... Mar. 4, 1933 Franklin D. Roosevelt.
8. Harry L. Hopkins.................... Jan. 23, 1939 Do.
9. Jesse H. Jones...................... Sept. 14, 1940 Do.
10. Henry A. Wallace.................... Mar. 1, 1945 Do.
11. W. Averell Harriman................. Jan. 27, 1947 Harry S. Truman.\3\
12. Charles Sawyer...................... May 5, 1948 Do.
13. Sinclair Weeks...................... Jan. 21, 1953 Dwight D. Eisenhower.
14. Lewis L. Strauss.................... ......................... Do.\4\
15. Frederick Henry Mueller............. Aug. 6, 1959 Do.
16. Luther H. Hodges.................... Jan. 21, 1961 John F. Kennedy.
Do............................... ......................... Lyndon B. Johnson.
17. John T. Connor...................... Jan. 15, 1965 Do.
18. Alexander B. Trowbridge............. June 8, 1967 Do.
19. C. R. Smith......................... Mar. 1, 1968 Do.
20. Maurice H. Stans.................... Jan. 20, 1969 Richard M. Nixon.
21. Peter G. Peterson................... Feb. 21, 1972 Do.
22. Frederick B. Dent................... Jan. 18, 1973 Do.
Do............................... ......................... Gerald R. Ford.
23. Rogers C. B. Morton................. Apr. 25, 1975 Do.
24. Elliot L. Richardson................ Dec. 11, 1975 Do.
25. Juanita M. Kreps.................... Jan. 20, 1977 Jimmy Carter.
26. Philip M. Klutznick................. Dec. 20, 1979 Do.
27. Malcolm Baldrige.................... Jan. 22, 1981 Ronald Reagan.
28. C. William Verity, Jr............... Oct. 13, 1987 Do.
29. Robert A. Mosbacher................. Jan. 31, 1989 George Bush.
30. Barbara H. Franklin................. Feb. 27, 1992 Do.
31. Ronald H. Brown..................... Jan. 21, 1993 William J. Clinton.
32. Michael Kantor...................... ......................... Do.\5\
33. William M. Daley.................... Jan. 30, 1997 Do.
34. Norman Y. Mineta.................... July 20, 2000 Do.
35. Donald L. Evans..................... Jan. 20, 2001 George W. Bush.
36. Carlos Gutierrez.................... Jan. 24, 2005 Do.
37. Gary Locke.......................... Mar. 24, 2009 Barack Obama.
38. John E. Bryson...................... Oct. 20, 2011 Do.
39. Penny Pritzker...................... June 25, 2013 Do.
----------------------------------------------------------------------------------------------------------------
\1\Recess appointment. Began service Aug. 22, 1928.
\2\Recess appointment. Began service Aug. 8, 1932.
\3\Recess appointment. Began service Oct. 7, 1946.
\4\Recess appointment. Served from Nov. 13, 1958 to June 30, 1958. Nomination rejected by the Senate (June 18,
1959).
\5\Recess appointment. Served from Apr. 12, 1996 to Jan. 21, 1997.
1982
SECRETARIES OF LABOR
----------------------------------------------------------------------------------------------------------------
Name Confirmation date President
----------------------------------------------------------------------------------------------------------------
1. William Bauchop Wilson.............. Mar. 5, 1913 Woodrow Wilson.
2. James J. Davis...................... Mar. 4, 1921 Warren G. Harding.
Do............................... ......................... Calvin Coolidge.
3. William N. Doak..................... Dec. 8, 1930 Herbert C. Hoover.
4. Frances Perkins..................... Mar. 4, 1933 Franklin D. Roosevelt.
5. Lewis B. Schwellenbach.............. May 31, 1945 Harry S. Truman.
6. Maurice J. Tobin.................... Jan. 31, 1949 Do.\1\
7. Martin P. Durkin.................... Jan. 21, 1953 Dwight D. Eisenhower.
8. James P. Mitchell................... Jan. 19, 1954 Do.
9. Arthur J. Goldberg.................. Jan. 21, 1961 John F. Kennedy.
10. W. Willard Wirtz.................... Sept. 20, 1962 Do.
Do............................... ......................... Lyndon B. Johnson.
11. George P. Shultz.................... Jan. 20, 1969 Richard M. Nixon.
12. James D. Hodgson.................... June 17, 1970 Do.
13. Peter J. Brennan.................... Jan. 31, 1973 Do.
Do............................... ......................... Gerald R. Ford.
14. John T. Dunlop...................... Mar. 6, 1975 Do.
15. Willie J. Usery, Jr................. Feb. 4, 1976 Do.
16. Ray Marshall........................ Jan. 26, 1977 Jimmy Carter.
17. Raymond J. Donovan.................. Feb. 3, 1981 Ronald Reagan.
18. William E. Brock III................ April 26, 1985 Do.
19. Ann D. McLaughlin................... Dec. 11, 1987 Do.
20. Elizabeth H. Dole................... Jan. 25, 1989 George Bush.
21. Lynn Martin......................... Feb. 7, 1991 Do.
22. Robert B. Reich..................... Jan. 21, 1993 William J. Clinton.
23. Alexis M. Herman.................... Apr. 30, 1997 Do.
24. Elaine L. Chao...................... Jan. 29, 2001 George W. Bush.
25. Hilda Solis......................... Feb. 24, 2009 Barack Obama.
26. Thomas Perez........................ July 18, 2013 Do.
----------------------------------------------------------------------------------------------------------------
\1\Recess appointment. Began service on Aug. 13, 1948.
1983
SECRETARIES OF HEALTH AND HUMAN SERVICES*
----------------------------------------------------------------------------------------------------------------
Name Confirmation date President
----------------------------------------------------------------------------------------------------------------
1. Oveta Culp Hobby.................... Apr. 10, 1953 Dwight D. Eisenhower.
2. Marion B. Folsom.................... July 20, 1955 Do.
3. Arthur S. Flemming.................. July 9, 1958 Do.
4. Abraham Ribicoff.................... Jan. 21, 1961 John F. Kennedy.
5. Anthony J. Celebrezze............... July 20, 1962 Do.
Do............................... ......................... Lyndon B. Johnson.
6. John W. Gardner..................... Aug. 11, 1965 Do.
7. Wilbur J. Cohen..................... May 9, 1968 Do.
8. Robert H. Finch..................... Jan. 20, 1969 Richard M. Nixon.
9. Elliot L. Richardson................ June 15, 1970 Do.
10. Caspar W. Weinberger................ Feb. 8, 1973 Do.
Do............................... ......................... Gerald R. Ford.
11. Forrest David Mathews............... July 22, 1975 Do.
12. Joseph A. Califano, Jr.............. Jan. 24, 1977 Jimmy Carter.
13. Patricia Roberts Harris............. July 27, 1979 Do.
14. Richard S. Schweiker................ Jan. 21, 1981 Ronald Reagan.
15. Margaret M. Heckler................. Mar. 7, 1983 Do.
16. Dr. Otis R. Bowen................... Dec. 12, 1985 Do.
17. Dr. Louis W. Sullivan............... Mar. 1, 1989 George Bush.
18. Donna E. Shalala.................... Jan. 21, 1993 William J. Clinton.
19. Tommy G. Thompson................... Jan. 24, 2001 George W. Bush.
20. Michael Leavitt..................... Jan. 26, 2005 Do.
21. Kathleen Sebelius................... Apr. 28, 2009 Barack Obama.
22. Sylvia Mathews Burwell.............. June 9, 2014 Do.
----------------------------------------------------------------------------------------------------------------
*The Department of Health, Education, and Welfare was created by Reorganization Plan No. 1 of 1953, approved
Apr. 1, 1953 (67 Stat. 18; 5 U.S.C. 623), which, effective Apr. 11, 1953, abolished the Federal Security
Agency and transferred its functions to the new Department. Name changed from Department of Health, Education,
and Welfare effective May 4, 1980, pursuant to Executive Order 12212 of May 2, 1980.
1984
SECRETARIES OF HOUSING AND URBAN DEVELOPMENT*
----------------------------------------------------------------------------------------------------------------
Name Confirmation date President
----------------------------------------------------------------------------------------------------------------
1. Robert C. Weaver.................... Jan. 17, 1966 Lyndon B. Johnson.
2. Robert C. Wood...................... ......................... Do.\1\
3. George W. Romney.................... Jan. 20, 1969 Richard M. Nixon.
4. James T. Lynn....................... Jan. 31, 1973 Do.
Do............................... ......................... Gerald R. Ford.
5. Carla Anderson Hills................ Mar. 5, 1975 Do.
6. Patricia Roberts Harris............. Jan. 20, 1977 Jimmy Carter.
7. Moon Landrieu....................... Sept. 12, 1979 Do.
8. Samuel R. Pierce, Jr................ Jan. 22, 1981 Ronald Reagan.
9. Jack Kemp........................... Feb. 2, 1989 George Bush.
10. Henry G. Cisneros................... Jan. 21, 1993 William J. Clinton.
11. Andrew Cuomo........................ Jan. 29, 1997 Do.
12. Mel R. Martinez..................... Jan. 23, 2001 George W. Bush.
13. Alphonso R. Jackson................. Mar. 31, 2004 Do.
14. Steven C. Preston................... June 4, 2008 Do.
15. Shaun Donovan....................... Jan. 20, 2009 Barack Obama.
16. Julian Castro....................... July 9, 2014 Do.
----------------------------------------------------------------------------------------------------------------
*The Department of Housing and Urban Development was created by Public Law 89-174, approved Sept. 9, 1965.
\1\Recess appointment. Served from Jan. 7, 1969 to Jan. 20, 1969.
1985
SECRETARIES OF TRANSPORTATION*
----------------------------------------------------------------------------------------------------------------
Name Confirmation date President
----------------------------------------------------------------------------------------------------------------
1. Alan S. Boyd........................ Jan. 17, 1967 Lyndon B. Johnson.
2. John A. Volpe....................... Jan. 20, 1969 Richard M. Nixon.
3. Claude S. Brinegar.................. Jan. 18, 1973 Do.
Do............................... ......................... Gerald R. Ford.
4. William T. Coleman, Jr.............. Mar. 3, 1975 Do.
5. Brockman Adams...................... Jan. 20, 1977 Jimmy Carter.
6. Neil Goldschmidt.................... Sept. 21, 1979 Do.
7. Andrew L. Lewis, Jr................. Jan. 22, 1981 Ronald Reagan.
8. Elizabeth Hanford Dole.............. Feb. 1, 1983 Do.
9. James H. Burnley IV................. Nov. 30, 1987 Do.
10. Samuel K. Skinner................... Jan. 31, 1989 George Bush.
11. Andrew H. Card, Jr.................. Feb. 21, 1992 Do.
12. Federico Pena....................... Jan. 21, 1993 William J. Clinton.
13. Rodney E. Slater.................... Feb. 6, 1997 Do.
14. Norman Y. Mineta.................... Jan. 24, 2001 George W. Bush.
15. Mary Peters......................... Sept. 29, 2006 Do.
16. Ray LaHood.......................... Jan. 22, 2009 Barack Obama.
17. Anthony Foxx........................ June 27, 2013 Do.
----------------------------------------------------------------------------------------------------------------
*The Department of Transportation was created by Public Law 89-670, approved Oct. 15, 1966.
1986
SECRETARIES OF ENERGY*
----------------------------------------------------------------------------------------------------------------
Name Confirmation date President
----------------------------------------------------------------------------------------------------------------
1. James R. Schlesinger................ Aug. 4, 1977 Jimmy Carter.
2. Charles William Duncan, Jr.......... July 31, 1979 Do.
3. James B. Edwards.................... Jan. 22, 1981 Ronald Reagan.
4. Donald P. Hodel..................... Dec. 8, 1982 Do.
5. John S. Herrington.................. Feb. 6, 1985 Do.
6. James D. Watkins.................... Mar. 1, 1989 George Bush.
7. Hazel Rollins O'Leary............... Jan. 21, 1993 William J. Clinton.
8. Frederico Pena...................... Mar. 12, 1997 Do.
9. Bill Richardson..................... July 31, 1998 Do.
10. Spencer Abraham..................... Jan. 20, 2001 George W. Bush.
11. Sam Bodman.......................... Jan. 31, 2005 Do.
12. Steven Chu.......................... Jan. 20, 2009 Barack Obama.
13. Ernest Moniz........................ May 16, 2013 Do.
----------------------------------------------------------------------------------------------------------------
*The Department of Energy was created by Public Law 95-91, approved Aug. 4, 1977.
1987
SECRETARIES OF EDUCATION*
----------------------------------------------------------------------------------------------------------------
Name Confirmation date President
----------------------------------------------------------------------------------------------------------------
1. Shirley Mount Hufstedler............. Nov. 30, 1979 Jimmy Carter.
2. T.H. Bell............................ Jan. 22, 1981 Ronald Reagan.
3. William J. Bennett................... Feb. 6, 1985 Do.
4. Lauro F. Cavazos..................... Sept. 20, 1988 Do.
Do............................... ......................... George Bush.
5. Lamar Alexander...................... Mar. 14, 1991 Do.
6. Richard W. Riley..................... Jan. 21, 1993 William J. Clinton.
7. Roderick R. Paige.................... Jan. 20, 2001 George W. Bush.
8. Margaret Spellings................... Jan. 20, 2005 Do.
9. Arne Duncan.......................... Jan. 20, 2009 Barack Obama.
----------------------------------------------------------------------------------------------------------------
*The Department of Education was created by Public Law 96-88, approved Oct. 17, 1979, and became effective May
4, 1980, pursuant to Executive Order 12212 of May 2, 1980.
1988
SECRETARIES OF VETERANS AFFAIRS*
----------------------------------------------------------------------------------------------------------------
Name Confirmation date President
----------------------------------------------------------------------------------------------------------------
1. Edward J. Derwinski.................. Mar. 2, 1989 George Bush.
2. Jesse Brown.......................... Jan. 21, 1993 William J. Clinton.
3. Togo D. West, Jr..................... Apr. 28, 1998 Do.\1\
4. Anthony J. Principi.................. Jan. 23, 2001 George W. Bush.
5. Jim Nicholson........................ Jan. 26, 2005 Do.
6. James Peake.......................... Dec. 14, 2007 Do.
7. Eric Shinseki........................ Jan. 20, 2009 Barack Obama.
8. Robert A. McDonald................... July 29, 2014 Do.
----------------------------------------------------------------------------------------------------------------
*The Department of Veterans Affairs was created by Public Law 100-527, approved Oct. 25, 1988, which abolished
the Veterans Administration and transferred its functions to the new Department, effective Mar. 15, 1989.
\1\Recess appointment. Began service Jan. 2, 1998.
1989
SECRETARIES OF HOMELAND SECURITY*
----------------------------------------------------------------------------------------------------------------
Name Confirmation date President
----------------------------------------------------------------------------------------------------------------
1. Tom Ridge............................ Jan. 22, 2003 George W. Bush.
2. Michael Chertoff..................... Feb. 15, 2005 Do.
3. Janet Napolitano..................... Jan. 20, 2009 Barack Obama.
4. Jeh Johnson.......................... Dec. 16, 2013 Do.
----------------------------------------------------------------------------------------------------------------
*Created by Public Law 107-296, approved Nov. 25, 2002.
ratification of constitution
ratification of constitution
ratification of constitution
[1990]
[1990]
[1990]
[1990]
RATIFICATION\1\ OF THE CONSTITUTION BY THE THIRTEEN ORIGINAL STATES
--------------------------------------------------------------------------------------------------------------------------------------------------------
Date of Votes cast Population at Area in
State ratification of the -------------------- date of Population, square Remarks
Constitution Yeas Nays ratification 2000 census miles
--------------------------------------------------------------------------------------------------------------------------------------------------------
Delaware........................ Dec. 7, 1787....... \2\30 ........ 59,096 783,600 2,045 .................................
Pennsylvania.................... Dec. 12, 1787...... 46 23 434,373 12,281,054 45,308 .................................
New Jersey...................... Dec. 18, 1787...... \2\38 ........ 184,139 8,414,350 7,787 .................................
Georgia......................... Jan. 2, 1788....... \2\26 ........ 82,548 8,186,453 58,910 Seceded Jan. 19, 1861. Readmitted
to representation by the act of
July 15, 1870.
Connecticut..................... Jan. 9, 1788....... 128 40 238,141 3,405,565 5,018 .................................
Massachusetts................... Feb. 6, 1788....... 187 168 378,787 6,349,097 8,284 .................................
Maryland........................ Apr. 28, 1788...... 63 11 319,728 5,296,486 10,460 .................................
South Carolina.................. May 23, 1788....... 149 73 249,073 4,012,012 31,113 Seceded Dec. 20, 1860. Readmitted
to representation upon ratifying
the Fourteenth Amendment, July
9, 1868.
New Hampshire................... June 21, 1788...... 57 46 141,899 1,235,786 9,279 .................................
Virginia........................ June 25, 1788...... 89 79 747,610 7,078,515 \3\40,767 Seceded Apr. 17, 1861. Readmitted
to representation by the act of
Jan. 26, 1870.
New York........................ July 26, 1788...... 30 27 340,120 18,976,457 49,108 .................................
North Carolina.................. Nov. 21, 1789...... 184 77 393,751 8,049,313 52,669 Seceded May 21, 1861. Readmitted
to representation upon ratifying
the Fourteenth Amendment, July
4, 1868.
Rhode Island.................... May 29, 1790....... 34 32 68,825 1,048,319 1,212 .................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\The Constitution was adopted by Convention of the States, Sept. 17, 1787, and was subsequently ratified by the several States in the order listed.
\2\Unanimous.
\3\The area of Virginia at the date of ratification was 61,352 square miles, but Dec. 31, 1862, a portion of its territory was set off and admitted into
the Union as a free and independent State under the name of West Virginia.
states admitted into union
states admitted into union
states admitted into union
[1991]
[1991]
[1991]
STATES ADMITTED INTO THE UNION SINCE ADOPTION OF THE CONSTITUTION
--------------------------------------------------------------------------------------------------------------------------------------------------------
Population at Area in
State Date of admission time of Population, square Formation
admission 2000 census miles
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vermont............................ Mar. 4, 1791.......... 85,539 608,827 9,614 Formed from a portion of the territory of the
State of New York.
Kentucky........................... June 1, 1792.......... 73,677 4,041,769 40,410 Formed from a portion of the territory of the
State of Virginia.
Tennessee.......................... June 1, 1796.......... 77,262 5,689,283 42,144 Formed from territory ceded to the United
States by North Carolina. Seceded June 8,
1861. Readmitted to representation by joint
resolution of July 24, 1866.
Ohio............................... Mar. 1, 1803\1\....... 41,915 11,353,140 41,330 Formed from territory ceded to the United
States by the State of Virginia.
Louisiana.......................... Apr. 30, 1812......... 76,556 4,468,976 47,752 Formed from territory ceded to the United
States by France under the Treaty of Paris of
Apr. 30, 1803. Seceded Jan. 26, 1861.
Readmitted to representation upon ratifying
the Fourteenth Amendment, July 9, 1868.
Indiana............................ Dec. 11, 1816......... 63,897 6,080,485 36,185 Formed from territory ceded to the United
States by the State of Virginia.
Mississippi........................ Dec. 10, 1817......... 75,512 2,844,658 47,689 Formed from territory ceded to the United
States by the States of Georgia and South
Carolina. Seceded Jan. 9, 1861. Readmitted to
representation by act of Feb. 23, 1870.
Illinois........................... Dec. 3, 1818.......... 34,620 12,419,293 56,345 Formed from territory ceded to the United
States by the State of Virginia.
Alabama............................ Dec. 14, 1819......... 144,317 4,447,100 51,705 Formed from territory ceded to the United
States by the States of South Carolina and
Georgia. Seceded Jan. 11, 1861. Readmitted to
representation upon ratifying the Fourteenth
Amendment, July 13, 1868.
Maine.............................. Mar. 15, 1820......... 298,335 1,274,923 33,265 Formed from a portion of the territory of the
State of Massachusetts.
Missouri........................... Aug. 10, 1821......... 66,586 5,595,211 69,697 Formed from a portion of the territory ceded to
the United States by France, under the name of
``Louisiana,'' by the Treaty of Paris of 1803.
Arkansas........................... June 15, 1836......... 52,240 2,673,400 53,187 Formed from a portion of the territory ceded to
the United States by France, under the name of
``Louisiana,'' by the Treaty of Paris of 1803.
Seceded May 6, 1861. Readmitted to
representation upon ratifying the Fourteenth
Amendment, June 22, 1868.
Michigan........................... Jan. 26, 1837......... *200,000 9,938,444 58,527 Formed from territory ceded to the United
States by the State of Virginia.
Florida............................ Mar. 3, 1845.......... 54,477 15,982,378 58,664 Formed from territory ceded to the United
States by Spain by Treaty of Washington of
Feb. 22, 1819. Seceded Jan. 11, 1861.
Readmitted to representation upon ratifying
the Fourteenth Amendment, June 25, 1868.
Texas.............................. Dec. 29, 1845......... *250,000 20,851,820 266,807 This State was originally a part of the
Republic of Mexico, but by a successful revolt
the people established for themselves an
independent republican government, and were
subsequently annexed to the United States.
Seceded Feb. 1, 1861. Readmitted to
representation by the act of Mar. 30, 1870.
Iowa............................... Dec. 28, 1846......... 81,920 2,926,324 56,275 Formed from a portion of the Territory of
Wisconsin, as the ``Territory of Iowa,'' June
12, 1838.
Wisconsin.......................... May 29, 1848.......... 210,596 5,363,675 56,153 Formed from a portion of the territory of the
State of Michigan, as the ``Territory of
Wisconsin,'' Apr. 20, 1836.
California......................... Sept. 9, 1850......... 107,000 33,871,648 158,706 Formed from territory ceded to the United
States by Mexico by the Treaty of Guadalupe
Hidalgo of Feb. 2, 1848.
Minnesota.......................... May 11, 1858.......... 150,042 4,919,479 84,402 Formed from a portion of the territory ceded to
the United States by France by the Treaty of
Paris of Apr. 30, 1803.
Oregon............................. Feb. 14, 1859......... 52,465 3,421,399 97,073 Formed from territory ceded to the United
States by the Treaty with France of Apr. 30,
1803, the Treaty with Spain of Feb. 22, 1819,
and the Treaty with Great Britain of June 15,
1846.
Kansas............................. Jan. 29, 1861......... 107,206 2,688,418 82,277 Formed from territory ceded to the United
States by France by the Treaty of Paris of
Apr. 30, 1803, and by the State of Texas, in
the settlement of her boundaries, in 1850.
West Virginia...................... June 20, 1863......... 376,683 1,808,344 24,232 Formed from a portion of the territory of the
State of Virginia.
Nevada............................. Oct. 31, 1864......... *40,000 1,998,257 110,561 Formed from a portion of the territory ceded to
the United States by Mexico by the Treaty of
Guadalupe Hidalgo of Feb. 2, 1848.
Nebraska........................... Mar. 1, 1867.......... *60,000 1,711,263 77,355 Formed from a petition of the territory ceded
to the United States by France by the Treaty
of Paris of Apr. 30, 1803.
Colorado........................... Aug. 1, 1876.......... *150,000 4,301,261 104,091 Formed from portions of the territory ceded to
the United States by France by the Treaty of
Paris of Apr. 30, 1803 and of that ceded by
Mexico by the Treaty of Guadalupe Hidalgo of
Feb. 2, 1848.
South Dakota....................... Nov. 2, 1889.......... *460,000 754,844 77,116 Formed from a portion of the territory ceded to
the United States by France by the Treaty of
Paris of Apr. 30, 1803.
North Dakota....................... Nov. 2, 1889.......... 642,200 70,702 Do.
Montana............................ Nov. 8, 1889.......... *112,000 902,195 147,046 Do.
Washington......................... Nov. 11, 1889......... *273,000 5,894,121 68,139 Formed from territory ceded to the United
States by France by Treaty of Paris of Apr.
30, 1803. The northern boundary of the
territory was settled by a treaty with Great
Britain, known as the ``Oregon Treaty'' of
June 15, 1846.
Idaho.............................. July 3, 1890.......... 84,385 1,293,953 83,564 Formed from a portion of the territory ceded to
the United States by France by the Treaty of
Paris of Apr. 30, 1803.
Wyoming............................ July 10, 1890......... 60,705 493,782 97,809 Formed from a portion of the territory ceded to
the United States by France by the Treaty of
Paris of Apr. 30, 1803.
Utah............................... Jan. 4, 1896.......... *241,000 2,233,169 84,899 Formed from a portion of the territory ceded to
the United States by Mexico by the Treaty of
Guadalupe Hidalgo of Feb. 2, 1848.
Oklahoma........................... Nov. 16, 1907......... *1,414,177 3,450,654 69,956 Formed by the union of Oklahoma Territory and
Indian Territory.
New Mexico......................... Jan. 6, 1912.......... *338,470 1,819,046 121,593 Formed from a portion of the territory ceded to
the United States by Mexico by the Treaty of
Guadalupe Hidalgo of Feb. 2, 1848.
Arizona............................ Feb. 14, 1912......... *216,639 5,130,632 114,000 Formed from territory ceded to the United
States by Mexico, part by the Treaty of
Guadalupe Hidalgo of Feb. 2, 1848, and part by
what is known as the ``Gadsden Purchase,''
Dec. 30, 1853.
Alaska............................. Jan. 3, 1959.......... *211,000 626,932 591,004 Formed from territory ceded to the United
States by Russia by treaty of Mar. 30, 1867.
Hawaii............................. Aug. 21, 1959......... *595,000 1,211,537 6,471 Formed from the territory of the Republic of
Hawaii, annexed to the United States by act of
Congress of July 7, 1898.
--------------------------------------------------------------------------------------------------------------------------------------------------------
*Estimated.
\1\By Public Law 204 of the 83d Cong., approved Aug. 7, 1953 (67 Stat. 407), Congress corrected an oversight of one-and-one-half centuries and formally
admitted the State of Ohio to the Union, setting Mar. 1, 1803, as the effective date of admission.
states admitted into union
states admitted into union
states admitted into union
[1992]
[1992]
[1992]
THE DISTRICT OF COLUMBIA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Area in
Territory Date of establishment of Population, square Formation
territorial government 2000 census miles
--------------------------------------------------------------------------------------------------------------------------------------------------------
District of Columbia................. ............................ 572,059 69 Established under Art. I, sec. 8, clause 17 of
Constitution. Territory originally ceded by Maryland
(legislative act of Dec. 23, 1788) and Virginia
(legislative act of Dec. 3, 1789). Cessions accepted
by Congress by act of July 16, 1790; lines and bounds
established by proclamation of President Washington,
Mar. 30, 1791. Virginia's cession retroceded by act of
Congress July 9, 1846. The government of the District
is administered by a Mayor and a 13-member Council,
all of whom are elected by the citizens of the
District of Columbia. All acts of the council are
reviewable by Congress. (Dec. 24, 1973, Pub.L. 93-
198.) Pursuant to the District of Columbia Delegate
Act the District of Columbia now has a non-voting
Delegate to the House of Representatives. (Sept. 22,
1970, Pub.L. 91-405, Sec. Sec. 201-206, 84 Stat. 848.)
--------------------------------------------------------------------------------------------------------------------------------------------------------
[1993]
[1993]
puerto rico, insular possessions
puerto rico, insular possessions
puerto rico, insular possessions
[1993]
COMMONWEALTH OF PUERTO RICO, THE INSULAR POSSESSIONS, AND TRUST TERRITORY OF THE PACIFIC ISLANDS
--------------------------------------------------------------------------------------------------------------------------------------------------------
Area in
Insular possession Date of establishment of Population, square Acquisition
insular government 2000 census miles
--------------------------------------------------------------------------------------------------------------------------------------------------------
Commonwealth of Puerto Rico............ July 25, 1952.................. 3,808,610 3,421 Ceded to United States by Spain by the Treaty of
Paris, Dec. 10, 1898. The constitution of the
Commonwealth was approved July 3, 1952.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Guam................................... Aug. 1, 1950................... 154,805 209 Ceded to the United States by Spain by the Treaty
of Paris, Dec. 10, 1898.
American Samoa......................... (\1\) 57,291 77 Acquired by the United States Feb. 16, 1900, under
terms of Tripartite Treaty Dec. 2, 1899. Full
sovereignty accepted from native chiefs by United
States Feb. 20, 1929.
Virgin Islands......................... June 22, 1936.................. 108,612 132 By purchase from Denmark, Mar. 3, 1917, for
$25,000,000. The Revised Organic Act of 1954 is
the basis for the present territorial government.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trust Territory of the Pacific Islands. (\1\)(\2\) .............. .......... Occupied during World War II. Placed under the
United Nations Trusteeship system in 1947 by
agreement with the Security Council of the United
Nations.
Northern Mariana Islands............... Jan. 9, 1978................... 69,221 184 Concluded future political status negotiations in
1975 which will establish a commonwealth
relationship with the U.S. at termination of the
trusteeship. Covenant providing this relationship
passed by Congress in March 1976 (Pub.L. 94-241).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Administered under jurisdiction of the Department of the Interior, with a locally drafted constitution and elected governor and legislature.
\2\As of November 3, 1986 the Marshall Islands and the Federal States of Micronesia became freely associated states. The 1990 population of the
remaining territory, the Republic of Palau, was 15,122.
[1994]
[1994]
[1994]
apportionments of representatives
apportionments of representatives
apportionments of representatives
[1994]
APPORTIONMENTS OF REPRESENTATIVES
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
State 1787 1790 1800 1810 1820 1830 1840 1850 1860 1870 1880 1890 1900 1910 1930 1940 1950 1960 1970 1980 1990 2000 2010
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama......................... ..... ..... ..... *1 3 5 7 7 6 8 8 9 9 10 9 9 9 8 7 7 7 7 7
Alaska.......................... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... *1 1 1 1 1 1 1
Arizona......................... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... *1 1 2 2 3 4 5 6 8 9
Arkansas........................ ..... ..... ..... ..... ..... *1 1 2 3 4 5 6 7 7 7 7 6 4 4 4 4 4 4
California...................... ..... ..... ..... ..... ..... ..... *2 2 3 4 6 7 8 11 20 23 30 38 43 45 52 53 53
Colorado........................ ..... ..... ..... ..... ..... ..... ..... ..... ..... *1 1 2 3 4 4 4 4 4 5 6 6 7 7
Connecticut..................... 5 7 7 7 6 6 4 4 4 4 4 4 5 5 6 6 6 6 6 6 6 5 5
Delaware........................ 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
Florida......................... ..... ..... ..... ..... ..... ..... *1 1 1 2 2 2 3 4 5 6 8 12 15 19 23 25 27
Georgia......................... 3 2 4 6 7 9 8 8 7 9 10 11 11 12 10 10 10 10 10 10 11 13 14
Hawaii.......................... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... *1 2 2 2 2 2 2
Idaho........................... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... *1 1 1 2 2 2 2 2 2 2 2 2 2
Illinois........................ ..... ..... ..... *1 1 3 7 9 14 19 20 22 25 27 27 26 25 24 24 22 20 19 18
Indiana......................... ..... ..... ..... *1 3 7 10 11 11 13 13 13 13 13 12 11 11 11 11 10 10 9 9
Iowa............................ ..... ..... ..... ..... ..... ..... *2 2 6 9 11 11 11 11 9 8 8 7 6 6 5 5 4
Kansas.......................... ..... ..... ..... ..... ..... ..... ..... ..... 1 3 7 8 8 8 7 6 6 5 5 5 4 4 4
Kentucky........................ ..... 2 6 10 12 13 10 10 9 10 11 11 11 11 9 9 8 7 7 7 6 6 6
Louisiana....................... ..... ..... ..... *1 3 3 4 4 5 6 6 6 7 8 8 8 8 8 8 8 7 7 6
Maine........................... ..... ..... ..... 7 7 8 7 6 3 5 4 4 4 4 3 3 3 2 2 2 2 2 2
Maryland........................ 6 8 9 9 9 8 6 6 5 6 6 6 6 6 6 6 7 8 8 8 8 8 8
Mass............................ 8 14 17 13 13 12 10 11 10 11 12 13 14 16 15 14 14 12 12 11 10 10 9
Michigan........................ ..... ..... ..... ..... ..... *1 3 4 6 9 11 12 12 13 17 17 18 19 19 18 16 15 14
Minnesota....................... ..... ..... ..... ..... ..... ..... ..... *2 2 3 5 7 9 10 9 9 9 8 8 8 8 8 8
Mississippi..................... ..... ..... ..... *1 1 2 4 5 5 6 7 7 8 8 7 7 6 5 5 5 5 4 4
Missouri........................ ..... ..... ..... ..... 1 2 5 7 9 13 14 15 16 16 13 13 11 10 10 9 9 9 8
Montana......................... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... *1 1 1 2 2 2 2 2 2 2 1 1 1
Nebraska........................ ..... ..... ..... ..... ..... ..... ..... ..... *1 1 3 6 6 6 5 4 4 3 3 3 3 3 3
Nevada.......................... ..... ..... ..... ..... ..... ..... ..... ..... *1 1 1 1 1 1 1 1 1 1 1 2 2 3 4
N. Hamp......................... 3 4 5 6 6 5 4 3 3 3 2 2 2 2 2 2 2 2 2 2 2 2 2
N. Jersey....................... 4 5 6 6 6 6 5 5 5 7 7 8 10 12 14 14 14 15 15 14 13 13 12
N. Mexico....................... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... *1 1 2 2 2 2 3 3 3 3
New York........................ 6 10 17 27 34 40 34 33 31 33 34 34 37 43 45 45 43 41 39 34 31 29 27
N. Carolina..................... 5 10 12 13 13 13 9 8 7 8 9 9 10 10 11 12 12 11 11 11 12 13 13
N. Dakota....................... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... *1 1 2 3 2 2 2 2 1 1 1 1 1
Ohio............................ ..... ..... *1 6 14 19 21 21 19 20 21 21 21 22 24 23 23 24 23 21 19 18 16
Oklahoma........................ ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... *5 8 9 8 6 6 6 6 6 5 5
Oregon.......................... ..... ..... ..... ..... ..... ..... ..... *1 1 1 1 2 2 3 3 4 4 4 4 5 5 5 5
Penn............................ 8 13 18 23 26 28 24 25 24 27 28 30 32 36 34 33 30 27 25 23 21 19 18
Rhode Is........................ 1 2 2 2 2 2 2 2 2 2 2 2 2 3 2 2 2 2 2 2 2 2 2
S. Carolina..................... 5 6 8 9 9 9 7 6 4 5 7 7 7 7 6 6 6 6 6 6 6 6 7
S. Dakota....................... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... *2 2 2 3 2 2 2 2 2 1 1 1 1
Tennessee....................... ..... *1 3 6 9 13 11 10 8 10 10 10 10 10 9 10 9 9 8 9 9 9 9
Texas........................... ..... ..... ..... ..... ..... ..... *2 2 4 6 11 13 16 18 21 21 22 23 24 27 30 32 36
Utah............................ ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... *1 1 2 2 2 2 2 2 3 3 3 4
Vermont......................... ..... 2 4 6 5 5 4 3 3 3 2 2 2 2 1 1 1 1 1 1 1 1 1
Virginia........................ 10 19 22 23 22 21 15 13 11 9 10 10 10 10 9 9 10 10 10 10 11 11 11
Washington...................... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... *1 2 3 5 6 6 7 7 7 8 9 9 10
W. Virginia..................... ..... ..... ..... ..... ..... ..... ..... ..... ..... 3 4 4 5 6 6 6 6 5 4 4 3 3 3
Wisconsin....................... ..... ..... ..... ..... ..... ..... *2 3 6 8 9 10 11 11 10 10 10 10 9 9 9 8 8
Wyoming......................... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... *1 1 1 1 1 1 1 1 1 1 1 1 1
---------------------------------------------------------------------------------------------------------------------------------------------------------------
Total......................... 65 106 142 186 213 242 232 237 243 293 332 357 391 435 435 435 437 435 435 435 435 435 435
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*Indicates representation of new States admitted after the respective decennial census apportionments.
Note: The original apportionment of Representatives was established in 1787 by the Constitution. Subsequent apportionments based on the 1st Census through the 6th Census were as follows
(number of census, date of act, and ratio of persons per Representative): 1st, Apr. 14, 1792, 33,000; 2d, Jan. 14, 1802, 33,000; 3d, Dec. 21, 1811, 35,000; 4th, Mar. 7, 1822, 40,000; 5th,
May 22, 1832, 47,700; 6th, June 25, 1842, 70,680. Apportionment based on the 7th Census (1850) through the 12th Census (1900) was determined by the Vinton method, and for the 13th Census
(1910) and 15th Census (1930) the method of major fractions was employed, there being no reapportionment in 1920. Apportionment based on the 16th Census (1940), through the 21st Census
(1990), was determined by the method of equal proportions, a description of which may be found in S. Doc. 304, 76th Cong., 3d sess.
[2000]
------------------------------------------------------------
GENERAL INDEX
------------------------------------------------------------
Note.--For detailed items not found in this general
index see the following special indexes:
Senate Manual Section
Standing Rules of the Senate............ 50
Cleaves' Manual (conferences)........... 261
Constitution of the United States....... 1748
Senators of the United States........... 1905
------------------------------------------------------------
A
Absence of:
Senators...........................................6
Vice President.....................................1
Academies, service, Boards of Visitors to. See Boards
of Visitors.
Actions brought against officers of the Senate......487, 488
Inapplicability..................................488
Acts, form of........................................275-278
Acts, printing of.......................................1622
Repeal of.........................284, 285, 286, 287
Acquisition Services Fund...............................1500
Additional views in committee reports.................26.10c
Addresses, memorial, printing of.............138, 1633, 1634
Adjourn, motion to..............................6.4, 9, 22.1
Adjournment of Congress..............................60, 546
Admission of States to the Union (table)................1991
Advertising devices prohibited in Senate wing............162
Advertising for stationery...........................470-472
Affidavits, employee loyalty............................1153
Age Discrimination in Employment Act, application to
Congress.............................................752
Agency rulemaking, congressional review............1140-1147
Aging, Special Committee on. See Committees, special.
Agriculture, Secretaries of (table).....................1979
Report of, printing.............................1661
Agriculture, Nutrition, and Forestry, Committee on.
See Committees, standing.
Air Force Academy:
Board of Visitors to............................1215
Cadets, appointment of..........................1214
Airmail postage allowance, senatorial....................336
Alabama:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1805, 1806
Alaska:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1807, 1808
Allowances to Senators. See Senators: Allowances.
Amend, motion to........................................22.1
Amendment(s):
Committee, not within jurisdiction..............15.5
Constitutional...................................282
Division of a question..........................15.3
Laid on table without prejudice to bill.........15.4
Not in order....................................14.7
Of the rules.......................................5
Of treaties.....................................30.1
Post cloture....................................22.2
To appropriation bills............................16
Amendments to the Constitution of the United States.....282,
1575
American Samoa (historical data)........................1993
Americans With Disabilities Act, application to
Congress........................................752, 760
Announcement of committee hearings.....................26.4a
Appeal from ruling of Chair.............................19.4
Appointive public office, acceptance or solicitation
of............................................1246, 1247
Appointment of:
Committees......................................24.1
Public officials............................31, 1154
Senator to the Chair.............................1.3
Senators, certificates of...................2.2, 2.3
Apportionments of Representatives (table)...............1994
Appropriation acts: Comptroller General to make study
of
restrictions in.....................................1451
Appropriation bills. See Bills and resolutions.
Appropriations (see also Budget process,
Congressional):
Annual basis for...............................26.13
Budget, national...........................1457-1469
Comptroller General to make:
Analyses of executive agencies'
expenditures........................1451
Study of restrictions in appropriation
acts................................1451
Estimates, field examination of.................1464
Increase of general library......................513
Printing and binding............................1621
Procedure on, in committee........................16
Reappropriating unexpended balances.............16.8
Receipts from sales of surplus furnishings
credited to..................................476
Contingent expenses of the Senate........430
Senate: Withdrawal of unexpended balances........464
Statement of...............................279, 1635
Term of service for Senators as trustees or
directors of
corporations or institutions appropriated
for..........................................303
Appropriations, Committee on. See Committees,
standing.
Architect of the Capitol:
Absence or disability of.........................837
Advance payments.................................875
Appointment and term of..........................834
Appropriations and expenditures..............870-875
Capitol Building (see also as main entry):
Care and superintendence of.........843, 844
National Statuary Hall, supervision of
947
Repair of................................845
Senate wing of:
Busts of former Vice
Presidents placed
in...................123
Heating and
ventilating of.......863
Capitol Guide Service............................961
Capitol Police Board.......898-899, 901-908, 911-912
Capitol Power Plant, promote maximum
efficiency in................................958
Capitol Visitor Center..................839-840, 960
Compensation of..................................835
Contracts:
Exception from advertisement
requirement.........................1550
Personal services contracts.............1551
Delegation of authority by.......................836
Deputy Architect............................837, 838
Dormitory and classroom facilities for pages
957
Employees of:
Charitable contributions by..............361
Compensation of......................864-875
Energy management for Congressional buildings
(note)..................................845, 958
Expenditures, semiannual report..................874
Furniture and carpets, purchase of...............965
Human resources program..........................861
Inspector General................................841
Powers and duties of.........................842-860
Recyclable materials, collection and sale of
842
Senate garage, control and supervision of........920
Senate Office Buildings:
Care, control, and supervision of........918
Certification of vouchers for
expenditures for.....................873
Nurse, registered, in....................869
Senate restaurants, management of...........130, 921
Telecommunications, overall plan (note)..........845
Transfer of excess material and equipment to,
from Department of the Army.................1210
Vacancy in office of.............................837
Archivist, disposal of records..........................1684
Presidential archival depository................1682
Records of Congress........................135, 1683
Area of (tables):
Insular possessions of the United States........1993
States other than the Thirteen Original States
1991
Thirteen Original States........................1990
Arizona:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1809, 1810
Arkansas:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1811, 1812
Armed Services, Committee on. See Committees,
standing.
Arrest and detain, power of Sergeant at Arms to..........964
Art, works of, in the Capitol.......................950, 951
Acquisition......................................934
Conservation, replacement, etc.........127, 131, 945
List of..........................................942
Art, Senate Commission on......................128, 939, 946
Articles of Confederation...............................1701
Assassination: congressional, cabinet, Supreme Court
1249
Assault: congressional, cabinet, Supreme Court..........1249
Assignment of space:
For joint committees and conferences.............963
In Senate wing and Senate Office Buildings....25.1n,
919
Assistant Secretary of Senate............................420
Oaths, administration of.........................301
Performance of duties of Chair by................1.2
Assistant to. See title of appropriate officer.
Attending Physician, authority to respond................496
Attending Physician, fee for services....................494
Attorney General, report on enforcement of laws.........1425
Attorneys General (table)...............................1975
Authority of standing committees..................25.1, 26.1
Authorizations, expenditure, for committees.............26.9
Automobiles, disposal of used or surplus.................485
B
Balanced Budget and Emergency Deficit Control Act
(Gramm-Rudman-Hollings)..........................720-732
Bank examination report information, disclosure of......1271
Banking, Housing, and Urban Affairs, Committee on.
See Committees, standing.
Begging prohibited in Senate wing........................162
Beneficiaries of Members and employees of the Senate
323
Bills and resolutions:
Amendments. See as main entry.
Appropriation bills:
Amendment(s) to...........................16
Annual basis for.......................26.13
Consideration of..........................16
New spending authority.................25.1b
Private claims not to be included.......16.5
Procedure on..............................16
Reappropriating unexpended balances.....16.8
Rescission of appropriations...........25.1b
Binding sets for Congress.......................1620
Calendar call...............................7.2, 8.1
Commitment of...................................14.3
Cost estimates of proposals in................26.11a
Court of Federal Claims, reference to....14.9, 1427,
1430
Digest of, by Congressional Research Service
533
Distribution of.................................1618
Enrollment of...................................14.5
Signing enrolled bills...................1.3
From the House of Representatives................7.3
Introduction of..............................7, 14.1
Joint resolutions, printing of.............280, 1622
Modification of a resolution....................15.2
Motion to commit..........................14.7, 22.1
Pension bills............................14.9, 14.10
Preambles.......................................14.8
Printing of...............11.4, 11.6, 280, 283, 1618
Private bills............................14.9, 14.10
Procedure on......................................14
Reading of......................................14.2
Reference of........................14.3, 17.2, 17.3
Reported from committee....14.4, 17.4, 17.5, 26.10b,
26.10c, 26.11, 26.12
Reports to show proposed changes in
existing law (Cordon rule).........26.12
Style and form.........................275-278, 1619
To lie over one day.............................14.6
Withdrawal of a resolution......................15.2
Binding. See Printing and binding.
Blank books.............................................1643
Boards of Visitors:
Air Force Academy...............................1215
Coast Guard Academy.............................1225
Military Academy................................1209
Naval Academy...................................1213
Bond of. See title of officer.
Botanic Garden:
Appropriation for................................955
Capitol Police supervision.......................953
Superintendent of................................954
Bribery, graft, and conflicts of interest..........1240-1248
British-American Interparliamentary Group...............1355
Broadcast:
Committee hearings and meetings................26.5c
Senate chamber proceedings........................69
Budget, Committee on the. See Committees, standing.
Budget, national...................................1457-1469
Authorities of the President....................1460
Budget ceiling..................................1459
Budget contents; submission to Congress.........1461
Congressional information.......................1469
Deficiency and supplemental appropriations......1463
Definitions.....................................1457
Estimates, current programs and activities......1465
Fiscal, budget, and program information.........1468
Fiscal year.....................................1458
Improving government efficiency.................1467
Submission of appropriations requests to
President...................................1464
Supplemental budget estimates and changes.......1462
Year-ahead requests.............................1466
Budget process, Congressional See also Manual
Sec. 200, separate Contents of Title 2, Chapters
17 A and B.......................................646-699
Congressional budget and fiscal operations...646-678
Appropriation bills:
House adjournment
prohibited prior
to action on.........658
House Committee action
required by June
10...................656
Budget Committee handling of
legislation dealing with the
Congressional budget.................655
Concurrent resolutions on the budget:
Annual concurrent
resolution:
Additional matters in
650
Common economic
assumptions
.......... 650
Consultation with
other committees
650
Content of concurrent
resolution
........... 650
Hearings and report
...... 650
Matters which change
House rules
.......... 650
Maximum deficit may
not be exceeded
...... 650
Unemployment,
achieving goals
for reducing
......... 650
Views and estimates of
other committees
650
Committee allocations:
Allocation of totals
651
Alteration of
allocations
.......... 651
Determinations by
Budget Committees
651
Points of order
.......... 651
Reports by committees
651
Subsequent concurrent
resolutions
.......... 651
Consideration of
concurrent
resolutions on the
budget:
Conference committee,
required action
...... 654
Mathematical
consistency
required
............. 654
Procedure in the House
654
Procedure in the
Senate
............... 654
Senate action on
conference reports
654
First concurrent
resolution,
adoption required
prior to
consideration of
legislation
providing new
budget, spending,
or credit
authority, or
changes in
revenues or public
debt limit:
Exceptions
............... 652
General
.................. 652
Waiver in Senate
......... 652
New budget and
spending authority
and revenue
legislation to be
within appropriate
levels:
Determination of
budget levels
........ 660
Extraneous matter in
reconciliation
....... 660
Points of order
.......... 660
Permissible revisions
of concurrent
resolutions:
General
.................. 653
Reconciliation:
Amendments limited
....... 659
Completion by June 15
659
Legislative procedure
659
Procedure in Senate
...... 659
Reconciliation
directives:
Compliance
with.........659
In concurrent
resolutions
.............659
Social Security Act,
limit on changes
659
Reports, summaries,
projections of
Congressional
budget actions:
Five-year projection
(by CBO)
............. 657
Legislation providing
new budget,
spending,
credit authority,
or increase/
decrease in
revenues or
expenditures
......... 657
Tabulations of (by
CBO)
................. 657
Timetable................649
Continuing study of budget reform
proposals............................648
Declaration of purpose...................646
Definitions..............................647
Referral of matters affecting the
budget process.......................654
Budget deficits, emergency powers to
eliminate:
Baseline.................................728
Enforcement:
Deficit targets..........724
Discretionary spending
limits...............721
Pay-as-you-go............723
Sequestration............720
Exceptions...............................727
Exemptions...............726
Flexibility among
defense programs
731
Reports and orders.......725
Modification of
presidential
orders...............730
Special reconciliation
process..............732
Suspension in the
event of war or
low growth...........729
Congressional Budget Office..................637-645
Credit reform....................................679
Authorizations...........................683
Budgetary treatment......................682
Definitions..............................680
OMB and CBO analysis.....................681
Purposes.................................679
Federal mandates. See also Unfunded Mandates
Reform...................................671-678
Clarification of application.............678
Duties of congressional committees.......673
Duties of the Director; statements on
bills and joint
resolutions..........................674
Effective date; definitions..............671
Exclusions...............................672
Legislation subject to points of order
675
Provisions relating to the House of
Representatives......................676
Requests to the CBO from Senators........676
Fiscal procedures............................665-670
Analysis of costs (CBO)..................667
Bills providing new credit authority:
Exceptions...............665
Legislation providing
entitlement
authority............665
Legislation providing
spending authority
665
Member User Group........................670
Off-budget agencies, programs,
activities...........................669
Study of Federal commitments not
reviewed annually (GAO)..............668
Impoundment Control and Line Item Veto.......692-699
Comptroller General:
Reports by...............697
Suits by.................698
Definitions..............................693
Disapproval of proposed deferrals........695
Disclaimer...............................692
Extraneous provisions in
reconciliation bills.................662
Presidential special messages:
Cumulative reports by
President............696
Deferrals................695
Rescissions..............694
Transmission and
publication..........696
Procedure in House and Senate............699
Referral of bills to
committees...........699
Floor consideration......699
Rescission of budget authority...........694
Budget to accompany expenditure authorization
resolutions.........................................26.9
Business:
Continued from session to session.................18
Executive or confidential......................29-32
Morning............................................7
Conclusion of..................7.2, 8, 19.1b
Order of...........................................8
Special orders.......................8.1, 10
Busts of former Vice Presidents, placing of..............123
Buzzers, legislative.....................................164
``Byrd rule''............................................662
C
Cabinet officers (table)................................1971
Assassination, kidnapping, and assault of.......1249
Calendar, call of...................................7.2, 8.1
Calendar Monday..........................................7.2
Calendar of Bills and Resolutions:
Consideration of items on...................7.2, 8.1
Placing of items on.............................14.4
Calendar of Special Orders..............................10.1
California:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1813, 1814
Cameras, restriction on..................................155
Campaign funds, disclosure of. See Elections.
Canada-United States Interparliamentary Group...........1351
Candidates for public office. See Elections.
Capitol Building (see also Architect of the Capitol):
Care and superintendence of.................843, 844
Commission on Art of the United States Senate
128, 939
Energy management requirements (note)............845
National Statuary Hall...........................947
Organizations conducting activities in, audit
of accounts.................................1508
Preservation Commission and Fund.................933
Protection of persons and property in............964
Repairs to.......................................845
Senate Chamber. See as main entry.
Senate wing:
Advertising devices prohibited in........162
Assignment of space in.................25.1n
Busts of former Vice Presidents,
placing of...........................123
Cleaning of..............................163
Cloakrooms, admission to.................157
Closed-captioning of Senate
proceedings...........................69
Corridors and passageways to be kept
open.................................161
Galleries..........................33.2, 155
Heating and ventilating of...............158
Marble Room..............................156
Peddling and begging forbidden in........162
Regulation of......................33.2, 150
Senate Chamber. See as main entry.
Senate Restaurants. See as main entry.
Sergeant at Arms to enforce
regulations relative to..............150
Smoking policy...........................159
Stands, booths, or counters for
exhibitions or sale of any article
prohibited...........................161
Sweeping, cleaning, and dusting of.......163
Space in, for joint committees and conference
committees...................................963
Telecommunications, overall plan (note)..........845
Works of art in..............127, 130, 131, 950, 951
Capitol Grounds....................................1501-1509
Addition to (note)...............................957
Capitol Police detail............................899
Disorderly conduct on...........................1504
Explosives on...................................1509
Firearms on.....................................1509
Organizations conducting activities on, audit
of accounts.................................1508
Recreational use.................................929
Sales and solicitations forbidden...............1504
Senate Employee Child Care Center............929-932
Shuttle service..................................959
Capitol Guide Board......................................961
Capitol Guide Service:
Assistance to Capitol Police.....................961
Capitol Guide Board..............................961
Establishment of.................................961
Expenditure authorization for....................961
Longevity compensation...........................363
Operation of.....................................961
Regulations for..................................961
Capitol Police.......................................876-915
Assistance to, by Capitol Guide Service..........961
Chief Administrative Officer.....................877
Compensation of....................371, 418, 883-891
Longevity compensation..............364, 365
Detail to Capitol grounds and Library of
Congress.....................................899
Disposal of surplus property.....................878
Educational assistance program...................885
Establishment....................................876
Inspector General................................880
Law enforcement authority........................902
Legal representation authority...................879
Memorial fund, establishment.................895-897
Overseas travel..................................909
Powers and duties............................898-915
Protection of Members of Congress, officers,
and families.................................901
Report of disbursements..........................881
Security systems for Library of Congress,
responsibility...............................520
Settlement and payment of tort claims............911
Uniforms and arms............................892-894
Capitol Preservation Commission and Fund.............933-938
Capitol Visitor Center...............................966-978
Carpets, purchase of.....................................965
Certificates of election or appointment of a Senator
2.2, 2.3, 296, 297
Certification of salary and mileage accounts.............333
Chair (see also Presiding Officer):
Appointment of Senator to perform duties of......1.3
Order in Chamber or galleries, enforcement of
19.6
Performance of duties of, by Secretary of the
Senate or
Assistant Secretary of the Senate............1.2
Ruling of, appeal from..........................19.4
Chairman:
Committee. See Committee(s): Chairman.
Subcommittee...................................25.4e
Chaplain of the Senate:
Compensation. See Compensation.
Daily prayer by............................4.1a, 4.2
Expenses.........................................387
Charitable contributions...............35.3, 35.4, 361, 1184
Check cashing regulations. See Disbursing Officer;
Secretary of the Senate.
Chief Clerk of the Senate. See Assistant Secretary of
the Senate.
Child Care Center, Senate............................930-932
Citizens' Commission on Public Service and
Compensation.....................................571-584
City Post Office Building, leased space (note)...........916
Civil Rights Act, application to Congress................752
Claims:
Against Government, activities of officers and
employees in................................1244
Sergeant at Arms may settle certain tort
claims.......................................109
Waiver of, arising out of payments to Vice
President, Senator, or Senate employee.......508
Claims Court, U.S.:
Congressional reference case........14.9, 1427, 1430
Practice by Members of Congress in..............1243
Classification of Senators..............................1804
Classified information, disclosure of...................1268
Classroom facilities for pages...........................957
Clay, Henry, desk in Senate chamber.......................68
Cleaves' Manual of the Law and Practice in Regard to
Conferences and Conference Reports...................200
Special index to.................................261
Clerical employees. See Committee(s): Staff; Employees
of the
Senate.
Cloakrooms, admission to.................................157
Closed-captioning of Senate proceedings...................69
Closed-door sessions of Senate............................21
Closed sessions of committees..........................26.5b
Cloture procedure.......................................22.2
Coast Guard Academy, Board of Visitors to...............1225
Code of Official Conduct......34-43, 117, 308, 309, 450-451,
466-468, 1172-1188
Colorado:
Historical data.................................1871
Senators from, since admission to the Union
(table)................................1815-1816
Commencement of daily sessions.............................4
Commerce, Science, and Transportation, Committee on.
See Committees, standing.
Commerce, Secretaries of (table)........................1981
Commerce and Labor, Secretaries of (table)..............1980
Commission on Art, Senate............................939-946
Commit, motion to.................................14.7, 22.1
Committee(s):
Amendments, not within jurisdiction of..........15.5
Applications for tax exemption, inspection of,
by..........................................1382
Appointment of....................................24
Appropriations:
Estimates, funds for field examination
of..................................1464
On annual basis........................26.13
Authority.................................25.1, 26.1
Bank examination report information,
disclosure of...............................1271
Budgetary and fiscal data to be made available
to..........................................1469
Chairman:
Absence of..............................26.3
Appointment of............................24
Approval of vouchers....................26.1
Enforcement of order...................26.5d
Limitations on service as..............25.4e
Ranking majority member to serve in
absence of..........................26.3
Reporting approved measures promptly
26.10b
Resignation of..........................24.4
Subcommittee chairman..................25.4e
Civil actions...................................1426
Clerical staff. See Staff, infra.
Closed or open sessions........................26.5b
Compensation of staff.......................370, 371
Conference committees. See Conferences.
Congressional Research Service, assistance
from.........................................533
Consultants:
Contracts for............................446
For Appropriations Committee..............76
For Majority or Minority Conference
Committee............................405
Qualifications of, to be submitted to
Committee on Rules and
Administration, and available for
public
inspection...........................446
Selection of.............................446
Counterpart funds, use of.......................1359
Discharge, motion to...........................17.4a
Expenditure authorizations.................26.9, 545
Budgets to accompany....................26.9
Specification of portion for:
Procuring consultants
446
Training of
professional staff
80, 446
Vouchers for expenditures................442
Federal advisory committees, review of
activities of...............................1171
Federal income tax returns and return
information
confidentiality and disclosure..............1381
Funds. See Expenditure authorizations,
supra.
General Accounting Office:
Assistance by.....................1452, 1469
Employees of, assigned to
congressional committees............1456
Reports of, to be made available to
congressional
committees..........................1454
Hearings:
Announcement of........................26.4a
Authority for...........................26.1
Availability of printed copies..........17.5
Broadcasting of........................26.5c
Closed.................................26.5b
Copies of, for Library of Congress.......523
Executive decisions.....................17.5
Obstruction of proceedings.......26.5d, 1269
Open...................................26.5b
Order in...............................26.5d
Printing of.....................17.5, 26.10a
Procedure...............................26.4
Scheduling............26.3, 26.5, 26.6, 83.4
Stenographic assistance for reporting
of..................................26.1
Testimony, staff to prepare summary of
26.4c
Witnesses.........................26.1, 26.4
Authority to summon.....26.1
Bribery of..............1240
Failing to testify or
produce records......540
Immunity of........1274-1276
Influencing,
intimidating, or
impeding............1269
Oaths of.................537
Privilege of.............539
Refusal of, to testify
538
Reimbursement of
expenses........110, 543
Selected by minority
26.4d
Statements, to file
advance............26.4b
Investigations, authority for...................26.1
Joint. See Committees, joint.
Jurisdictions of............................25-25.1p
Legislative review by...........................26.8
Report on...............................26.8
Meetings..........................................26
Closed and open sessions...............26.5b
Scheduling of...............26.3, 26.5, 96.4
Membership on..............................25.2-25.4
Employees designated to assist Senator
with.................................443
Limitations and exceptions with
respect to..........................25.4
Temporary increase in (leadership
agreement).........................25.4c
Open or closed sessions........................26.5b
Personnel. See Staff, infra.
Powers..........................................26.1
Continuance of..........................25.1
Printing for..................................26.10a
Procedure:
Hearings................................26.4
Meetings................................26.3
Rules of................................26.2
Professional staff. See Staff, infra.
Proxies, use of, in.............................26.7
Quorum.........................................26.7a
Ranking majority member to serve in absence of
chairman....................................26.3
Records................................26.5e, 26.10a
Availability to all Members of Senate
26.10a
Separate from chairman's office
records...........................26.10a
Reference of bills and resolutions to....14.3, 17.2,
17.3
Reportorial services.......................26.1, 440
Reports.....................................7.1, 7.2
Additional views in...................26.10c
Appropriations Committee reports to
identify with particularity items
not required to carry out
provisions of an existing law, etc
16.7
Availability of (``2-day rule'')........17.5
Conference committee..................28, 70
Cost estimates of proposed legislation
26.11a
Filing of.....................26.10b, 26.10c
Indexing and binding of.................1637
Legislative review.....................26.8b
Minority views in.....................26.10c
On part-time employees....................93
On supplemental authorization
resolutions.........................26.9
Printing of..........11.4-11.6, 26.10c, 1613
Submission of............................7.1
Supplemental views in.................26.10c
To be made promptly...................26.10b
To lie over one day....................17.4a
To require favorable vote of a
majority present....................26.7
To show proposed changes in existing
law (Cordon rule)..................26.12
To specify votes on measures...........26.7b
Two-day rule............................17.5
Request to an officer appointed by the
President for an
expression of that officer's individual
views........................................541
Select. See Committees, select.
Sessions:
Broadcasting of........................26.5c
Open or closed.........................26.5b
Scheduling of.....................26.4, 26.6
Sitting while Senate is in session.............26.5a
Special. See Committees, special.
Staff.............................................27
Appropriations Committee..................75
Compensation of.....................357, 371
Displaced by change of
committee
leadership............96
Designated to assist Senator with
committee
membership...........................447
Detailed from other Government
agencies............................27.4
From General
Accounting Office
1456
Minority...........................27.1-27.3
Part-time employees, report on............93
Professional staff members:
Limitation on
appointment of......27.4
Training for.............446
Standing. See Committees, standing.
Stationery allowance............................1643
Subcommittees...................................25.4
Assignment..............................83.3
Subpoena, power of..............................26.1
Suits by..........................................85
System:
Reorganization............................83
Review..................................83.5
Training for professional staff of...........80, 446
Voting:
Proxies.................................26.7
Record of...............................26.7
Witnesses. See Hearings, supra.
Committee of the Whole, proceedings on treaties in.....30.1b
Committees, conference. See Conferences.
Committees, Federal advisory............................1171
Committee, joint:
Membership on.............................25.3, 25.4
Space for, assignment of.........................963
Training of staff................................446
Committees, joint:
Economic........................................1231
Economic Indicators, printing of........1232
Library:
Acceptance of works of art for Capitol
Building.............................950
Capitol Preservation
Commission.......933-938
Senate Commission on
Art..............939-946
Authority of, during recess of
Congress.............................515
Composition of...........................514
Congressional Research Service, report
of...................................533
Expenditure of appropriations for
increase of general
library..............................513
Membership of............................514
Statuary Hall, relocation of statues
in...................................947
Statuary Hall, replacement of statues
in...................................949
Printing: (see also Printing and binding):
Additional copies, printing of....1614, 1615
Appropriation for printing and binding
1627
Authority of......................1601, 1602
Bills and resolutions, style and form
of..................................1619
Binding of:
Extra copies of
documents and
reports.............1614
Publications for
distribution to
libraries...........1647
Congressional Directory...........1631, 1632
Congressional Record, arrangement and
style of............................1651
Depository libraries. See as main
entry.
Field printing plants...................1608
Government Printing Office employees'
wage scales,
approval of (Keiss Act).............1607
Index of documents......................1666
Lapse of authority to print.............1628
Membership of...........................1600
Memorial addresses.................138, 1633
Illustrations
accompanying........1634
Paper required for public printing,
estimates of........................1612
Printing and binding done elsewhere
than the
Government Printing Office....1608, 1609
Printing of two or more editions........1624
Sale by Superintendent of Documents of
additional copies of documents......1664
Slip copies of laws, postal
conventions, and treaties...........1621
Statutes at Large.......................1638
Taxation:
Federal income tax returns and return
information,
confidentiality and disclosure......1381
Organization and membership.......1388, 1389
Powers and duties.................1393, 1394
Additional powers to obtain data........1395
Committees, other:
Indian Affairs:
Members, number of.....................25.3c
Committees, policy:
Training of staff................................446
Witnesses: fees for..............................544
Committees, political. See Elections.
Committees, select: Membership on.................25.3, 25.4
Committees, select:
Ethics:
Advisory opinions and regulations on
senatorial use of frank..............636
Annual report............................451
Chairman and Vice Chairman, exemption
from
application of legislative
assistant clerk-hire allowance........79
Decorations tendered by foreign
governments to members, officers,
or employees........................1166
Financial disclosure, designated to
administer reporting requirements
of....................................78
Jurisdiction of.......................77, 78
Mandatory ethics training for members
and staff............................450
Membership of..........................25.3c
Professional staff, training of...........80
Referral of violations to GAO for
investigation........................449
Intelligence...............................25.3b, 81
Committees, special:
Aging...........................................83.1
Members, number of.....................25.3b
Committees, standing:
Agriculture, Nutrition, and Forestry:
Jurisdiction of........................25.1a
Members, number of......................25.2
Appropriations:
Agency reports on actions recommended
by GAO..............................1455
Appropriations bills. See Bills and
resolutions.
Authority, additional.....................75
Compensation of staff....................371
Comptroller General, reports of.........1454
Consultants for...........................76
Discretionary powers.....................452
Excepted from certain committee
procedures........26.3, 26.4, 26.7-26.11
Fiscal, budget, and program
information.........................1468
Jurisdiction of........................25.1b
Legislative review provisions (of 2
U.S.C. 190d) not
applicable to......................26.8a
Members, number of......................25.2
New spending authority.................25.1b
Procedure of..............................16
Rescission of appropriations......25.1b, 699
Reports to identify with particularity
items not required to carry out
provisions of existing law..........16.6
Sitting while Senate is in session.....26.5a
Staff.....................................75
Statement of appropriations........469, 1635
Armed Services:
Jurisdiction of........................25.1c
Members, number of......................25.2
Banking, Housing, and Urban Affairs:
Jurisdiction of........................25.1d
Members, number of......................25.2
Budget:
Jurisdiction of........................25.1e
Legislative review, exemption from.....26.8a
Members, number of......................25.2
Referral of legislation affecting
budget process.......................699
Rescissions and deferrals................699
Sitting while Senate is in session.....26.5a
Commerce, Science, and Transportation:
Jurisdiction of........................25.1f
Members, number of......................25.2
Energy and Natural Resources:
Jurisdiction of........................25.1g
Members, number of......................25.2
Environment and Public Works:
Jurisdiction of........................25.1h
Members, number of......................25.2
Finance:
Federal income tax returns and return
information,
confidentiality and disclosure......1381
Jurisdiction of........................25.1i
Members, number of......................25.2
Representation on Joint Committee on
Taxation............................1389
Foreign Relations:
International agreements.................289
Interparliamentary activities and
reception of certain
foreign officials....................129
Interparliamentary delegations,
reports on expenses.................1350
Jurisdiction of........................25.1j
Members, number of......................25.2
Governmental Affairs:
Agency reports on action recommended
by GAO..............................1455
Comptroller General, reports of.........1454
Information from Executive agencies,
obtaining...........................1151
Jurisdiction of........................25.1k
Members, number of......................25.2
Health, Education, Labor, and Pensions
Jurisdiction of........................25.1l
Members, number of......................25.2
Homeland Security and Governmental Affairs:
Jurisdiction of...........................82
See Governmental
Affairs.
Judiciary:
Joint Leadership Group, representation
on...................................557
Jurisdiction of........................25.1m
Members, number of......................25.2
Rules and Administration:
Budgets to accompany expenditure-
authorization
resolutions........................26.9b
Busts of former Vice Presidents,
placing of...........................123
Capitol Guide Service....................961
Capitol Preservation Commission......933-938
Capitol Visitor Center...............966-968
Carpets, purchase of.....................965
Commission on Art of the United States
Senate...........................939-946
Committee meetings schedule.............83.4
Committee personnel on detail from
other Government agencies...........27.4
Committee system, review................83.5
Consultants' (committee)
qualifications to be submitted to,
and available for public
inspection...........................446
Contingent fund of the Senate,
authorization of payments from......106,
428
Contracts for the purchase of
stationery and materials for
folding..............................478
Deceased Senators: Office expenses in
home States..........................336
Employees detailed or assigned to
committees from other Government
agencies on a reimbursable basis
27.4
Employees summoned in connection with
judicial
proceedings..........................507
Expenditure-authorization resolutions
to be referred to..................26.9b
Furniture:
Condemned, sale of.......483
Purchase of..............965
Galleries, regulation of................33.2
Gifts, acceptance on behalf of the
Senate................................84
Heating and ventilating of Senate wing
863
Joint Committee on Printing, Senate
members of..........................1600
Joint Committee on the Library, Senate
members of...........................514
Joint Leadership Group, representation
on...................................557
Jurisdiction of........................25.1n
Legislative Counsel, priority of use
of services of.......................552
Materials, supplies, fuel; payment for
438
Members, number of.....................25.3a
Office equipment and furnishings for
Senators.............................347
Official equipment, regulations
relating to use.......................61
Per diem and subsistence expenses,
regulations on.......................439
Printing, matters relating to, to be
referred to...................11.4, 11.5
Records (obsolete) of Executive
agencies, disposal of...............1684
Reportorial services to committees.....26.1,
440
Senate computer center facilities,
regulation of.......................40.5
Senate garage............................920
Senate Office Buildings:
Assignment of space in
25.1n, 919
Commemoration and
designation of, as
Russell,
Dirksen, and Hart
Senate Office
Buildings.......125, 126
General policies in
respect to...........918
Senate Recording Studio.............497, 498
Senate Restaurants:
General policy in
respect to...........921
Jurisdiction over........160
Surcharge on special
orders...............490
Senate wing of the Capitol, regulation
of.............................33.2, 150
Senate youth program.....................101
Service pins or emblems..................124
Stationery room, classes of articles
to be sold by........................489
Training for professional staffs of
committees...........................446
Vouchers, designation of an employee
to approve, on
behalf of committee..................429
Waste paper, sale of.....................481
Small Business:
Jurisdiction of........................25.1o
Members, number of.....................25.3a
Veterans' Affairs:
Jurisdiction of........................25.1p
Members, number of.....................25.3a
Communications allowances for Senators. See
Senators: Allowances.
Communications from:
Heads of departments.............................7.1
House of Representatives....................7.1, 9.1
President of United States..................7.1, 9.1
State legislatures and conventions...............7.5
Compensation (see also Reimbursement):
Adjustment of rate of.................354, 381, 1747
Architect of the Capitol.........................834
Employees of.........................864-869
Capitol police.....................371, 418, 885-891
Certification of salary (and mileage) accounts
333
Chaplain of the Senate...........................383
Employees of.............................384
Charitable contributions.............361, 1184, 1384
Citizens' Commission on Public Service and
Compensation.................................571
Committee employees..............................371
Displaced by change of committee
leadership............................96
Congressional staff fellows, nonpay status of
506
Conversion increase in computation...............371
Dates of payment of..............................357
Death gratuities held to be gifts................503
Deceased Senators and Senate personnel, salary
due..........................................323
Deputy Architect............................837, 838
Deputy President pro tempore of Senate...........319
Employees of.............................413
Deputy Sergeant at Arms..........................389
Dual, payment of.................372, 426, 428, 1158
Employees of a Senator......................371, 373
As affected by:
Death of a Senator........95
Number of positions
held.................372
Resignation of a
Senator...............95
Termination of service
of an appointed
Senator...............97
Death of an employee................323, 503
Employees summoned in connection with judicial
proceedings..................................507
Expense allowance:
Majority and Minority Conference
chairmen.............................313
Majority and Minority Leaders............310
Majority and Minority Whips..............310
President pro tempore....................311
Secretaries for the Majority and
Minority.............................423
Secretary of the Senate..................423
Sergeant at Arms and Doorkeeper of the
Senate...............................423
General limitation....................371, 1184-1187
Leave without pay while serving in uniformed
services......................................98
Legal Counsel....................................556
Assistant Counsels.......................556
Deputy Counsel...........................556
Legislative Counsel..............................548
Librarian of Congress............................517
Deputy Librarian.........................517
Limitations on........................370, 1184-1187
Longevity compensation......................363, 369
Majority and Minority Whips:
Employees of.............................411
Expense allowance........................310
Majority Leader..................................306
Employees of.........................407-410
Members of Congress..............................306
Minority Leader..................................306
Employees of.........................407-410
Nurse, registered, Senate Office Buildings.......869
Pages, Senate....................................463
Parliamentarian..................................379
Payment, dates of................................357
President pro tempore.......................306, 318
Employees of.............................412
Professional archivist...........................380
Public Printer..................................1605
Deputy Public Printer...................1605
Reference in other provisions to basic rates
and additional
compensation.................................371
Reimbursement. See as main entry.
Retirement benefits of Senators and Senate
employees. See 5 U.S.C. Sec. Sec. 8331-
8348. (Not included in Senate Manual.)
Salary deposit in financial organizations.......1472
Secretaries for the Majority and Minority,
expense
allowance....................................423
Secretary of the Senate..........................375
Assistants to Majority and Minority in Office
of Secretary of the Senate...................382
Expense allowance........................423
Senate pay adjustments................354, 356, 1747
Senators....................................306, 321
Appointed or elected to fill vacancies
322
Compensation to in matters affecting
the
Government..........................1242
Day salary shall commence...........321, 322
Deductions from salary for:
Absence..................324
Delinquent
indebtedness.........326
Failure to pay for
excerpts from
Congressional
Record..............1658
Withdrawal...............325
Mode of payment..........................332
Salary accounts to be certified by
President of the
Senate...............................333
Salary due a deceased Senator............323
Sergeant at Arms and Doorkeeper of the Senate
388, 414
Expense allowance........................423
Student loan repayment program...........362
Telephone operators..............................365
Vice President..................................1122
Work injuries...................................1167
Comptroller General. See General Accounting Office.
Computer Center, Senate. See Senate Computer Center.
Computer programming services, advance payments..........500
Concurrent resolutions. See Bills and resolutions.
Conference of the Majority...............................395
Consultants......................................405
Expense allowance for chairman...................316
Transfer of funds................................403
Conference of the Minority...............................395
Consultants......................................405
Expense allowance for chairman...................316
Transfer of funds................................403
Conference on Security and Cooperation in Europe
(Interparliamentary)................................1356
Conferences:
Assignment of space for..........................963
Cleaves' Manual..................................200
Special index to.........................261
Reports of....................................28, 70
Explanatory statement to accompany.....28.4,
236, 260
Confidential proceedings to be kept in separate book
4.1d
Conflicts of interest...............37, 353, 1172-1188, 1240
Congress:
Adjournment of...................................198
Bank examination report information,
disclosure of...............................1271
Contempt of............................538-540, 1426
Electoral votes, counting of...............1114-1117
International agreements, transmission of, to
289
Meeting place of, changing.......................302
Records of, preserving..........................1683
Congressional Accessibility Services Office
509
Congressional Accountability. See also Government
Employee Rights
750-794
Administrative and judicial dispute-resolution
procedures...............................771-786
Application of laws..............................751
Definitions......................................750
Generally applicable remedies and limitations
763
Labor-management relations; remedy of
violations...................................762
Miscellaneous provisions.....................787-794
Exercise of rulemaking powers............787
Judicial branch coverage study...........790
Nondiscrimination rules of the House
and Senate...........................789
Political affiliation and place of
residence............................788
Savings provisions.......................791
Severability.............................794
Occupational Safety and Health Act of 1970;
rights and
protections; remedy of violations............761
Office of Compliance; establishment and
procedures...............................765-770
Public services and accommodations under the
Americans with Disabilities Act of 1990......760
Rights and protections.......................752-759
Age Discrimination in Employment Act
of 1967..............................752
Americans With Disabilities Act of
1990.................................752
Civil Rights Act of 1964.................752
Employee Polygraph Protection Act of
1988.................................755
Fair Labor Standards Act of 1938.........754
Family and Medical Leave Act of 1993
753
Prohibition of reprisals.................759
Rehabilitation Act of 1973...............752
Veterans' employment and reemployment
757
Worker Adjustment and Retraining
Notification Act.....................756
Study regarding GAO, GPO, and Library of
Congress.....................................764
Congressional Award Program..........................701-708
Congressional Budget Office..........................637-645
Duties and functions.............................638
Lump sum payments to separated employees.........643
Lump sum payments to staff.......................644
Repayment of student loans.......................645
Congressional Cemetery...................................334
Congressional Directory...........................1631, 1632
Congressional employees. See Employees of the Senate.
Congressional Library. See Library of Congress.
Congressional Recognition for Excellence in Arts
Education........................................709-718
Congressional Record:
Additional insertions...........................1655
Arrangement; style; contents....................1651
Daily and permanent forms.......................1653
Extracts from, for Congressmen..................1657
Payment for.............................1658
Franking of.....................................1483
Mailing envelopes.......................1657
Gratuitous copies; delivery.....................1656
Illustrations; maps; diagrams...................1654
Indexes...................................1651, 1652
Postage rate....................................1659
Printing of:
Memorials and petitions, summary of......7.5
Nominations............................31.7b
Remarks of Senators......................136
Reports on:
Congressional use of
foreign currency
1359
Expenses of
interparliamentary
delegations.........1350
Rules of procedure of committees........26.2
Subscriptions, etc..............................1659
Congressional Research Service. See Library of
Congress.
Congressional staff fellows, nonpay status of............506
Connecticut:
Historical data.................................1990
Ratification of the Constitution..........1369, 1990
Senators from, since the formation of the
Union (table).........................1817, 1818
Consideration of reported measures, availability of
reports and hearings for............................17.5
Constituent services. See Representation by Members.
Constitution of the United States.......................1710
Amendments to..............................282, 1720
Ratification of.................................1719
Table...................................1990
Special index to................................1750
Consultants:
For committees. See Committee(s).
For Sergeant at Arms.............................395
For Majority or Minority Conference Committee
405
For Majority or Minority Leader, Secretary of
the Senate, or Legislative Counsel...........409
Contempt of Congress...........................538-540, 1426
Contingent fund of the Senate:
Expenses of committees...........................442
Inquiries and investigations....................26.1
Office of Public Records Revolving Fund..........436
Payments from..............25.1n, 106, 109, 428, 429
Restrictions on..................................430
Secretary of the Senate account..................431
Senate Computer Center Revolving Fund............501
Senate Gift Shop Revolving Fund..................493
Senate Hair Care Services Revolving Fund.........491
Senate Health Promotion Revolving Fund...........492
Senate Photographic Studio Revolving Fund........497
Sergeant at Arms account.....................431-435
Contracts:
Architect of the Capitol..................1550, 1551
By Members of Congress..........................1250
Committee consultants............................446
Congressional Budget Office..................637-639
Exemptions with respect to certain contracts
1252
Interest, restrictions on Members of Congress
1552
Officer or employee of the United States
contracting with
Member of Congress..........................1251
Contributions:
Charitable, of outside earned income.....35.3, 35.4,
1184
Legal investigations, for costs of certain.......115
Reports by Senatorial candidates and employees
of the Senate on.........................586-589
Withholding from Senate salary...................361
``Cordon rule'' (reports to show proposed changes in
existing law)......................................26.12
Correspondents, Standing Committee on..................155.1
Corridors in Senate wing.................................161
Counterpart funds, congressional use of.................1359
Credentials, presentation of...............................2
Criminal procedure......................................1240
Curator of Art and Antiquities...........................939
D
Daily Congressional Record..............................1658
Daily sessions, commencement of............................4
Data processing equipment, software, and services........499
Davis, Jefferson, desk in Senate chamber..................67
Death gratuities held to be gifts........................503
Debate:
Close, motion to................................22.2
Disparaging reference to another Senator
prohibited..................................19.2
Germaneness of.................................19.1b
Offensive reference to a State prohibited.......19.3
On conference reports.............................28
Procedure in......................................19
Reference to absence of a Senator prohibited
69
Debt Collection..........................................108
Deceased:
Personnel:
Salary due...............................323
Transportation of remains...............1163
Senator:
Clerical assistants of....................95
Memorial tribute to......64, 138, 1633, 1634
Salary due...............................323
Declaration of Independence.............................1700
Decorations tendered by foreign governments,
acceptance of.......................................1166
Defense, Secretaries of (table).........................1973
Delaware:
Historical data.................................1990
Ratification of the Constitution..........1719, 1990
Senators from, since the formation of the
Union (table).........................1819, 1820
Department of State quota of documents and reports......1625
Depository libraries:
Accredited law school libraries as..............1681
Designation of............................1674, 1677
Distribution of publications to...........1672, 1674
``Government publication'' defined..............1670
Highest State appellate court libraries as......1680
Investigation of, by Superintendent of
Documents...................................1676
Land-grant colleges as..........................1675
Publications available to.................1671, 1673
Public Printer's authority to implement
program.....................................1679
Regional depositories...........................1678
Deputy President pro tempore of Senate:
Compensation.....................................319
Employees affected by death or resignation of,
compensation of...............................95
Employees of.....................................413
Establishment of Office of........................91
Table of........................................1801
Digest of Public General Bills...........................533
Diplomatic Gallery.....................................155.5
Directory, Congressional..........................1631, 1632
Dirksen Senate Office Building...........................125
Disabled, equal opportunities.................112, 752, 1575
Disaster, warning signal of..............................164
Disbursing Officer:
Check cashing regulations, personal..............359
Employee indebtedness............................359
Financial clerk shall serve in absence of
Secretary....................................419
Discharge a committee, motion to.......................17.4a
Disclosure of:
Confidential business...........................29.5
Federal campaign funds. See Elections.
Financial interests by senatorial candidates
and by members, officers, and employees of
the Senate.........................34, 1172-1182
Disorderly conduct in Capitol buildings or grounds.....19.6,
26.5d, 1504
Display materials in Senate Chamber......................166
Distribution of congressional publications. See
Printing and
binding.
District of Columbia: Historical data...................1992
District of Columbia, U.S. District Court of:
jurisdiction of, in
Senate civil actions................................1426
District of Columbia Code................................290
Division of a question..................................15.3
Document room; superintendent...........................1648
Documents. See Printing and binding.
Documents stored at Capitol, disposition of.............1650
Doorkeeper of the Senate.................................414
Procurement of temporary help....................397
Dormitory for pages............................458, 916, 957
Dual pay.......................................372, 426, 428
E
Economic Committee, Joint. See Committees, joint.
Economic Indicators, printing of........................1232
Economic Report of the President........................1230
Education of pages and other minor employees.........94, 456
Education, Secretary of (table).........................1987
Elections:
Certificates of........................2.2, 2.3, 296
Congressional................................295-297
Crimes and criminal procedure in respect to
1254-1266
Disclosure of financial interests of
Senatorial candidates.......................1172
Electoral college. See as main item.
Federal election campaigns...................586-623
Federal Election Commission......595-623, 1396, 1397
Non-Federal (``soft'') money prohibited..........615
Poll tax eliminated.............................1744
Presidential election campaign fund, report.....1396
Presidential primary matching payment account,
report......................................1397
Electoral college:
Appointment of electors, controversy as to......1104
Certificates of votes for President and Vice
President..............................1108-1113
Credentials of electors.........................1105
Failure of electors to make choice on
prescribed day..............................1101
Meeting and vote of electors....................1106
Number of electors..............................1102
Time of appointing electors.....................1100
Vacancies in....................................1103
Voting in, manner of............................1107
Electoral votes, counting of, by Congress..........1104-1107
Electoral votes for President and Vice President
(tables).......................................1907-1960
Electronic services, treatment of........................399
Emergency powers to eliminate budget deficits............720
Employee Polygraph Protection Act, application to
Congress.............................................755
Employees of Architect of the Capitol................864-866
Employees of the Senate (see also Officers of the
Senate, or title of specific officer):
Activities of, in claims against the
Government..................................1244
Affidavits, loyalty.............................1153
Authority of officers of the Senate over those
they
supervise.............................37.11, 352
Beneficiaries of.................................323
Charitable contributions......35.3, 35.4, 361, 1184,
1384
Committee employees. See Committees: Staff.
Compensation. See Compensation.
Compensation to, in matters affecting the
Government..................................1242
Conflict of interest.........................37, 353
Congressional Staff Fellows......................506
Decorations tendered by foreign governments to
1166
Detailed or assigned from other agencies...27.4, 395
Disclosure of financial interests......34, 1172-1182
Employees of a Senator:
Committee membership assistance..........447
Compensation of..............95-97, 357, 373
Individuals appointed to recommend
nominees for
judgeships and service academies
336
Employees of a Senator-elect:
Appointment of...........................328
Compensation of..........................328
Ethics training, mandatory...............449
Equal opportunities...............42, 100, 752, 1575
Fair employment practices rights.......752-763, 1575
Floor privilege...............................23, 63
Foreign travel.........................35.2, 39, 105
Garnishment.....................................1155
Gifts........................................35, 308
Indebtedness, disbursements withheld for.........359
Legal Counsel, defense by, of...............558, 559
Legal investigations, contributions for costs
of certain...................................115
Loyalty, security, etc................99, 1165, 1273
Lump sum payment for accrued annual leave........368
Mileage and related allowances..................1160
Minors other than pages..........................456
Oath of.........................................1150
Officers. See Officers of the Senate, or title
of specific officer.
Official Reporters...............................504
Outside business or professional activity or
employment
of.....................................1184-1188
Pages. See Pages, Senate.
Per diem and subsistence expenses..........439, 1159
Political fund activity by........................41
Post-employment lobbying........................37.9
Post-employment restrictions, notification of
446-467
Relatives, restrictions on employment of........1152
Retirement benefits. See 5 U.S.C.
Sec. Sec. 8331-8348 (not included in
Senate Manual)..............................1168
Rights and protections. See Government
Employee Rights. See also Congressional
Accountability.
Secretary of the Senate, abolish certain
statutory positions in office of.............378
Senior citizen interns...........................102
Sergeant at Arms, abolish certain statutory
positions in office of.......................394
Service pins or emblems..........................124
Standards of conduct for.......34-43, 117, 1172-1188
Striking against or advocating overthrow of
Government......................1153, 1165, 1273
Subletting of duties prohibited..................463
Summoned in connection with judicial
proceedings, pay status of...................507
Unaccrued leave payment for......................369
Employment, equal opportunities...........42, 100, 752, 1575
Employment of relatives.................................1152
Enemy attack, warning signal of..........................164
Energy and Natural Resources, Committee on. See
Committees, standing.
Energy management for Congressional buildings (note)
845
Energy, Secretary of (table)............................1986
Enrollment of bills and joint resolutions...............14.5
Signing of same..................................1.3
Envelopes................................................474
For mailing Congressional Record................1657
Environment and Public Works, Committee on. See
Committees, standing.
Espionage and censorship: Classified information,
disclosure of.......................................1268
Ethics (Standing Rules 34-43)..........................34-43
Ethics, Select Committee on. See Committees, select.
Eulogies, printing of.............................1633, 1634
Everett McKinley Dirksen Senate Office Building..........125
Executive:
Business, motion to proceed to..................22.1
Proceedings to be kept in separate book.........4.1d
Sessions of Senate................................29
Executive agencies:
Expenditure analyses of.........................1451
Information relative to, to be obtainable by
Committee on
Governmental Affairs........................1151
Executive Journal, printing of...........................137
Executive papers, obsolete, disposal of.................1684
Expenditure authorizations for committees...............26.9
Expenditures, reports on:
Architect of the Capitol.........................874
Secretary of the Senate..........................479
Expense allowance. See Compensation.
Expenses, official, of Senators......................336-343
Reimbursement:
Documentation required...........................106
Restriction on certain...........................107
Expenses, official, of Senators-elect....................328
Explosives on Capitol Grounds...........................1509
F
Fair Labor Standards Act, application to Congress........754
Family and Medical Leave Act, application to Congress
753
Federal advisory committees.............................1171
Federal Election Commission. See Elections.
Federal employees' group life insurance. See 5 U.S.C.
Sec. Sec. 8701-8716 (not included in Senate
Manual).
Federal employees' health benefits program. See 5
U.S.C.
Sec. Sec. 8901-8913 (not included in Senate
Manual).
Federal income tax. See Income tax: Federal.
Federal information policy.........................1685-1688
Federal Law Enforcement Training Center: Capitol
Police:
compensation.....................................418
Federal mandates. See Budget process, Congressional.
Federal Reserve System, Senators prohibited from being
members of the Board of Governors of................1220
Filing of committee reports...........................26.10b
Finance, Committee on. See Committees, standing.
Financial Clerk: As a disbursing officer.................419
Financial disclosure:
Access to reports...............................1176
Prohibited uses.........................1176
Administration of provisions....................1182
Comptroller General, authority of...............1179
Confidential reports............................1178
Contents of reports.................34.3, 34.4, 1173
Definitions.....................................1180
Failure to file or filing false reports.........1175
Late fees and civil penalties...........1175
Filing of reports...............................1174
Extension...............................1172
Filing date.............................1172
Where to file...........................1174
Persons required to file........................1172
Review of reports...............................1177
Notice of actions taken to comply.......1181
Opinion of non-compliance...............1177
Spouses and dependent children............34.3, 1173
Trusts....................................34.4, 1173
Firearms on Capitol Grounds.............................1509
Fiscal, budget, and program information...........1468, 1469
Flag, official Senate....................................121
Floor:
Obtaining (recognition)........................19.1a
Privilege of..................................23, 63
Florida:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1821, 1822
Flowers in Senate Chamber.................................64
Folding, purchase of materials for.......................478
Foreign governments, decorations tendered by............1166
Foreign officials, reception of..........................129
Foreign Relations, Committee on. See Committees,
standing.
Foreign travel......................................35.2, 39
Formation of:
District of Columbia (table)....................1992
Insular possessions (table).....................1993
States other than the Thirteen Original States
(table).....................................1991
Franking privilege (see also Postage allowance for
Senators):
Congressional Record............................1483
Limitation on weight of acceptable matter
(table).....................................1490
Mailgrams.......................................1488
Mass mailings.....................40.1-40.5, 349-351
Reports...........................40.3a, 350
Members of Congress.............................1481
Of a Senator whose term has expired (table).....1490
Of surviving spouses of Members of Congress.....1487
Postal Service regulations on...................1490
Public documents................................1482
Regulations:
Ethics Committee.........................636
Rules Committee..........................349
Reimbursement to Postal Service for postage
under franking privilege....................1486
Secretary of the Senate.........................1481
Seeds and reports from Department of
Agriculture.................................1484
Sergeant at Arms................................1481
Unlawful use of...........................1270, 1485
Vice President..................................1481
Franks, printing of.....................................1642
Fuel, payment for........................................438
Fund-raising for candidates for Senate.......41.1, 586, 589,
607, 615, 617
Funds, committee. See Committees: Expenditure
authorizations.
Furniture:
Disposal of used or surplus......................482
Receipts from sale of....................483
Purchase of......................................965
G
Galleries:
Diplomatic Gallery.............................155.5
Hats prohibited..................................155
News media, regulation of.......................33.2
Occupants of, no Senator shall call attention
to any......................................19.7
Order in, enforcement of........................19.6
Periodical Press Gallery.......................155.3
Presidential Gallery...........................155.5
Press Gallery..................................155.1
Press Photographers' Gallery...................155.4
Radio-Television Correspondents' Gallery.......155.2
Regulation of..............................33.2, 155
Senate Gallery.................................155.6
Special Gallery................................155.8
Visitors' Galleries............................155.7
Garage, Senate......................................165, 920
General Accounting Office:
Agency reports..................................1455
Analyses of executive agencies' expenditures
1451
Assistance to Congress by.......................1452
Audit, availability of draft reports............1453
Audit of accounts of private organizations
conducting activities in Capitol Building
or on Capitol Grounds.......................1508
Budgetary and fiscal data processing system.....1468
Budget standard classifications.................1468
Comptroller General:
Powers and duties of, in budgetary and
fiscal
matters....................697-698, 1454
Reports to Congress:
Financial disclosure
1179
Fiscal controls.........1454
Definitions.....................................1450
Employees, assignment and detail to Congress
1456
Programs and activities of U.S. Government,
evaluation
of.....................................668, 1452
Public money, investigating use of..............1454
Referral of ethics violations for
investigation................................449
Reimbursement for its employees detailed to
Senate
committees..................................1456
Study of restrictions in general appropriation
acts........................................1454
Technology assessment, functions in respect to
632
Utilization by Congress of reports and
employees of................................1454
Georgia:
Historical data.................................1990
Ratification of the Constitution..........1719, 1990
Senators from, since the formation of the
Union (table).........................1823, 1824
Germaneness:
Conference reports..............................28.3
Of debate......................................19.1b
During cloture proceedings..............22.2
Gift Shop, Senate........................................493
Gifts to Senators, officers, and employees...........35, 308
Reporting on................................35, 1173
Acceptance of pro bono legal services............116
Gifts to the Senate.......................................84
Government Printing Office. See appropriate item under
Printing and binding.
Governmental Affairs, Committee on. See Committees,
standing.
Graft...................................................1240
Group life insurance, Federal employees'. See 5 U.S.C.
Sec. Sec. 8701-8716 (not included in Senate
Manual).
Guam (historical data)..................................1993
H
Hart Senate Office Building..............................126
Hats prohibited in Galleries.............................155
Hawaii:
Historical data.................................1991
Senators from, since admission to the Union
(table)................................1825-1826
Heads of departments, communications from................7.1
Health and Human Services, Secretaries of (table).......1983
Health benefits program, Federal employees'. See 5
U.S.C. Sec. Sec. 8901-8913 (not included in Senate
Manual).
Health, Education, Labor, and Pensions, Committee on.
See
Committees, standing.
Health facilities:
Health Promotion, Office of......................492
Fees for services................................494
Senate health and fitness facility revolving
fund.........................................495
Hearings, committee. See Committee(s): Hearings.
Heating and ventilating department of Senate wing,
admission to.........................................158
Heating of Senate wing...................................863
Honoraria..........................................306, 1184
Charitable contribution in lieu of..............35.4
House of Representatives:
Bills from.......................................7.3
Concurrence of, required for printing
additional copies costing in excess of sum
established by law..........................11.5
Messages from...............................7.1, 9.1
Messages to......................................9.2
Motion to request return of item from...........13.2
Housing and Urban Development, Secretaries of (table)
1984
Hunger Fellowship Program................................749
I
Idaho:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1827, 1828
Illinois:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1829, 1830
Illustrations in congressional publications......1610, 1611,
1654
In memorial addresses...........................1634
Immunity of witnesses..............................1274-1276
Impeachment:
Proceedings to be kept in separate book.........4.1d
Trials, rules for............................170-195
Impoundment control..................................692-699
Income tax:
Federal:
Applications for tax exemption,
inspection of, by
congressional committees............1382
Capital gains and losses................1379
Confidentiality of, inspection and
disclosure by
congressional committees............1381
Joint Committee on Taxation........1388-1395
Political organizations.................1377
Transfer of property
to..................1375
Return by exempt
organizations.......1380
Section 527
organizations.......1377
Senators:
Residence of, for
purposes of.........1376
State:
Residence of Senators...................1130
Withholding of, by Secretary of Senate
360
Index of documents......................................1666
Indian Affairs, Committee on. See Committees, other.
Indiana:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1831, 1832
Information and Regulatory Affairs, Office of......1686-1688
Information exchange among legislative branch agencies
534
Injunction of secrecy on international agreements....29, 30,
289
Inquiries and investigations (see also Committee(s):
Expenditure authorizations; Hearings):
Authority for...............26.1, 77, 81, 83.1, 83.2
Hearings...........................26.4, 26.5, 26.10
Investigations:
Expenses of, payment of...........26.1, 26.9
Resolutions for....................26.9, 545
Jurisdiction of committees........................25
Witnesses. See under Committee(s): Hearings.
Insular possessions of the United States (table)........1993
Insurance of office funds of Secretary of the Senate
and Sergeant at Arms.................................421
Intelligence, Select Committee on. See Committees,
select.
Interior, Secretaries of (table)........................1978
Intern, senior citizen...................................102
International agreements, transmission of, to Congress
289
Interparliamentary groups:
Appointments.....1350, 1351, 1353, 1355, 1356, 1357,
1358, 1360
Appropriations....1352, 1354, 1356, 1357, 1358, 1361
Expenses of.........................1350, 1355, 1356
Investigations. See Inquiries and investigations.
Iowa:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1833, 1834
J
John Heinz Competitive Excellence Award..................719
Joint committees. See Committees, joint.
Joint Leadership Group:
Membership.......................................557
Office of Senate Legal Counsel:
Accountability of, to....................557
Conflict and inconsistency, function
with respect to cases of.............565
Representational activity, authorizing
certain..............................558
Secretary of the Senate, assistance of, to.......557
Joint resolutions. See Bills and resolutions.
Journal of the Senate. See Senate Journal.
Judiciary, Committee on the. See Committees, standing.
Jurisdiction of committees....25, 75, 77, 78, 81, 83.1, 83.2
Jury duty, Senators exempt...............................304
Justices of the Supreme Court (table)...................1970
K
Kansas:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1835, 1836
Kennedy Center, Board of Trustees.......................1332
Kentucky:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1837, 1838
Kidnapping, congressional, cabinet, Supreme Court.......1249
Kiess Act (Government Printing Office employees' wage
scales).............................................1607
L
Labor, Secretaries of (table)...........................1982
Law Library.........................................511, 518
Laws, promulgation of....................................281
Laws, public and private, printing of...................1621
Lay on table, motion to.................................22.1
Leadership. See Majority Leader and Minority Leader.
``Leaks'' of confidential business prohibited...........29.5
Legal Counsel:
Advisory functions...............................563
Appointment of; qualifications...................556
Reappointment............................556
Assistant counsels:
Appointment of; qualifications...........556
Compensation of..........................556
Attorney-client relationship.....................556
Compensation of..................................556
Consultants......................................556
Contingent fund..................................569
Reimbursements, Senate resolution to
authorize
certain..............................565
Deputy Counsel:
Appointment of; qualifications...........556
Reappointment............556
Compensation of..........................556
To serve in absence of...................556
Duties, delegation of............................556
Establishment of Office..........................556
Joint Leadership Group:
Accountability...........................557
Defense of Senate, committee,
subcommittee, member,
officer, or employee of Senate,
authorizing..........................558
Membership...............................557
Notification and solution in cases of
conflict and
inconsistency........................565
Secretary of the Senate, assistance
from.................................557
Legal research files.............................563
Miscellaneous duties.............................563
Personnel........................................556
Representational activity:
Attorney General's responsibility,
relief from..........................567
Conflict or inconsistency in.............565
Joint Leadership Group
565
Notification and
recommended
solution to be
printed in the
Congressional
Record
............... 565
Computation of
the 15-day
review
period.......565
Senate action
565
Resolution by, of
........ 565
Notification.............565
Reimbursement............565
Constitutional powers, defense of
certain..............................564
Defense of Senate, committee,
subcommittee, member,
officer, or employee of Senate.......559
Requirements for
authorizing..........558
Enforcement of Senate subpoena or
order................................560
Civil actions,
institution of.......560
Committee or
subcommittee, in
name of
.............. 560
Requirements for
authorizing by
resolution...........558
Committee reports
........ 560
Consideration of
......... 560
Rules of the Senate
...... 560
Immunity proceedings.....................562
Requirements for
authorizing..........558
Intervention or appearance...............561
Actions or proceedings
561
Court, compliance with
admission
requirements.........568
Notification.............561
Publication
.............. 561
Powers and
responsibilities
of Congress..........561
Procedural provisions
568
Requirements for
authorizing..........558
Requirements for authorizing.............558
Joint Leadership Group
directive............558
Senate resolution........558
Consideration,
procedures and
rules
................ 566
Recommendations with
respect to
........... 558
Standing to sue..................................568
Travel...........................................570
Legal investigations, contributions for costs of
certain..............................................115
Legal services, acceptance of pro bono...................116
Legislative call system (buzzers, signal lights).........164
Legislative Counsel:
Appointment of; qualifications...................549
Appropriations for, disbursement of..............553
Assistant legislative counsel....................551
Compensation of..........................551
Clerks and employees.............................551
Compensation of..................................550
Consultants for..................................409
Creation of office...............................548
Duties of office.................................552
Office equipment and supplies....................551
Office expenses..................................554
Rules and regulations............................552
Travel...........................................555
Legislative proceedings to be kept in separate book.....4.1d
Legislative review by standing committees...............26.8
Librarian of Congress. See Library of Congress.
Libraries, depository. See Depository libraries.
Library, Joint Committee on. See Committees, joint.
Library of Congress..................................511-534
Binding of printed hearings for..................523
Capitol Police detail............................899
Committee hearings for use of....................523
Congressional Research Service...................533
Appropriation authorization for..........533
Budget estimates for.....................533
Compensation of personnel of.............533
Deputy Director of.......................533
Digests of bills and resolutions.........533
Director of..............................533
Duties of................................533
Policy of Congress in respect to.........533
Report of................................533
Specialists and Senior Specialists.......533
Technology assessment, functions in
respect to......................630, 631
Design, installation and maintenance of
security systems.............................520
Distribution of Government publications to......522,
524, 1668
Joint Committee on the Library, See
Committees, joint.
Law Library............................511, 512, 518
Librarian of Congress............................516
Compensation of..........................517
Deputy Librarian, compensation of........517
Printing of.............................1662
Rules and regulations for................516
Trust fund, management of........................527
Trust Fund Board.................................525
Lobbying:
Annual audits and reports by Comptroller
General......................................833
Definitions......................................821
Disclosure and enforcement.......................824
Estimates based on tax reporting system..........829
Exempt organizations.............................830
Findings.........................................820
Former Senators and employees................37.8-11
Identification of clients and covered
officials....................................828
Participation in travel..........................309
Penalties........................................825
Prohibition on provision of gifts or travel......832
Registration of lobbyists........................822
Reports by registered lobbyists..................823
Rules of construction............................826
Severability.....................................827
Taxability of lobbying expenses..................831
Use of appropriated moneys for..................1272
Longevity compensation.........................363, 364, 367
Louisiana:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1839, 1840
Loyalty of employees to Government............99, 1165, 1273
M
Mailgram allowance......................................1488
Mailing. See Franking privilege; Senators: allowances:
Postage.
Maine:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1841, 1842
Majority, Conference of. See Conference of the
Majority.
Majority, Policy Committee for. See Policy Committees.
Majority, Secretary for. See Secretary for the
Majority.
Majority Leader:
Capitol Preservation Commission, membership......933
Senate Commission on Art, membership
939
Committee system, review of.....................83.5
Compensation of..................................306
Consultants for..................................409
Employees affected by death or resignation of,
compensation of...............................95
Employees of.................................407-410
Expense allowance...........................310, 312
Joint Leadership Group, membership...............557
Representation allowance.........................311
Transfers among accounts.........................313
Majority Whip:
Employees affected by death or resignation of,
compensation of...............................95
Employees of.....................................411
Expense allowance................................310
Transfers among accounts.........................314
Maps, printing of.......................................1610
Marble room..............................................156
Maryland:
Historical data.................................1990
Ratification of the Constitution..........1719, 1990
Senators from, since the formation of the
Union (table).........................1843, 1844
Mass mailing. See Franking privilege.
Massachusetts:
Historical data.................................1990
Ratification of the Constitution..........1719, 1990
Senators from, since the formation of the
Union (table).........................1845, 1846
Materials, purchase of..............................438, 478
Mechanical equipment, use of, in Senate Chamber........153.2
Media support services...................................400
Meeting place of Congress, changing......................302
Meetings, committee................................26.1-26.7
Membership of committees...........................25.2-25.4
Members of the Senate. See Senators.
Memorial addresses, printing of..............138, 1633, 1634
Memorials. See Petitions and memorials.
Messages from:
House of Representatives....................7.1, 9.1
President of the United States..............7.1, 9.1
Messages to:
House of Representatives.........................9.2
President of the United States...................9.2
Messengers acting as assistant doorkeepers...............154
Mexico-United States Interparliamentary Group...........1353
Michigan:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1847, 1848
Mileage. See Travel expenses.
Military Academy:
Board of Visitors to............................1209
Cadets, appointment of..........................1208
Minnesota:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1849, 1850
Minority:
Staffs of committees.......................27.1-27.3
Witnesses before committees selected by........26.4d
Minority, Conference of. See Conference of the
Minority.
Minority, Secretary for. See Secretary for the
Minority.
Minority Leader:
Capitol Preservation Commission, membership......933
Senate Commission on Art, membership
939
Committee system, review of.....................83.5
Compensation of..................................306
Consultants for..................................409
Employees affected by death or resignation of,
compensation of...............................95
Employees of.................................407-410
Expense allowance...........................310, 312
Joint Leadership Group, membership...............557
Representation allowance.........................311
Transfers among accounts.........................313
Minority views in committee reports...................26.10c
Minority Whip:
Employees affected by death or resignation of,
compensation of...............................95
Employees of.....................................411
Expense allowance................................310
Transfers among accounts.........................314
Minors, other than pages, employed by Senate.............456
Mississippi:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1851, 1852
Missouri:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1853, 1854
Mobile offices for Senators..............................345
Montana:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1855, 1856
Morning business...........................................7
Morning hour:
Conclusion of..........................7.2, 8, 19.1b
Motions:
Precedence of.............................15.3, 22.1
To be in writing................................15.1
Withdrawal or modification of, by mover.........15.2
Motions to:
Adjourn.................................6.4, 9, 22.1
Amend...........................................22.1
Amend or correct journal........................4.1a
Amend the part to be stricken...................15.3
Change order of special orders..................10.2
Close debate....................................22.2
Commit a bill or resolution...............14.7, 22.1
Compel the presence of absent Senators...........6.4
Continue the consideration of a subject..........7.2
Discharge a committee..........................17.4a
Extend post-cloture debate......................22.2
Lay before Senate bills or other matters from
the President or the House...................7.3
Lay on table....................................22.1
Postpone........................................22.1
Print (documents, reports, etc.)..........11.4, 11.5
Proceed to executive business...................22.1
Proceed to the consideration of:
Any change in Standing Rules.............8.2
Executive business......................22.1
Other business..........................10.2
Subject........................7.2, 8.1, 8.2
Recess..........................................22.1
Reconsider........................................13
Reconsider a nomination....................31.3-31.5
Reduced to writing...........................15.1a-b
Request return of item from House...............13.2
Strike out......................................15.3
Strike out and insert...........................15.3
N
National Archives and Records Administration............135,
1682-1684
National Capital Memorials and Commemorative Works
1517-1525
Congressional authorization.....................1519
National Capital Memorial Commission,
membership..................................1520
Site and design approval........................1521
National Garden..........................................956
National Science Foundation: Liaison with Office of
Technology Assessment................................633
National Statuary Hall...................................947
Naval Academy:
Board of Visitors to............................1213
Midshipmen, appointment of................1211, 1212
Navy, Secretaries of (table)............................1977
Nebraska:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1857, 1858
Nepotism................................................1152
Nevada:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1859, 1860
New Hampshire:
Historical data.................................1990
Ratification of the Constitution..........1719, 1990
Senators from, since formation of the Union
(table)...............................1861, 1862
New Jersey:
Historical data.................................1990
Ratification of the Constitution..........1719, 1990
Senators from, since formation of the Union
(table)...............................1863, 1864
New Mexico:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1865, 1866
News media galleries, regulation of.....................33.2
New York:
Historical data.................................1990
Ratification of the Constitution..........1719, 1990
Senators from, since formation of the Union
(table)...............................1867, 1868
Nominations:
Injunction of secrecy on........................31.2
Proceedings on....................................31
Recess appointees...............................1154
North Atlantic Treaty Organization: parliamentary
groups........................................1360, 1361
North Carolina:
Historical data.................................1990
Ratification of the Constitution..........1719, 1990
Senators from, since the formation of the
Union (table).........................1869, 1870
North Dakota:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1871, 1872
Nurses, registered, in Capitol and Congressional
office buildings.....................................869
O
Oaths:
Designation of employees of Senate Disbursing
Office to
administer...................................416
Employees of the Senate.........................1150
President of the Senate..........................299
Presiding officer may administer.................300
Secretary or Assistant Secretary of the Senate
may administer, to officers of the Senate
and witnesses................................301
Senators......................................3, 298
Witnesses........................................537
Objection to proceeding..................................305
Objection to reading a paper............................11.3
Occupational Safety and Health Act, application to
Congress.............................................761
Office equipment or furnishing for Senators..............345
Disposal of used or surplus......................482
Receipts from sales of...................483
Office expenses:
Contributions used for..........................38.2
Of Senators in home States.......................336
Office of Compliance.................................765-770
Office of Management and Budget, Director of:
Budgetary and fiscal data processing system.....1468
Budgetary and fiscal data to be made available
to
Congress....................................1469
Budget standard classifications...........1468, 1469
Office of Senate Counsel. See Legal Counsel.
Office of Senate Health Promotion........................492
Office of Senate Security................................139
Office of Special Services. See Congressional
Accessibility Services Office.
Offices, mobile, for Senators............................345
Officers of the Senate: (see also title of specific
officer):
Actions against, for official acts..........487, 488
Activities of, in claims against the
Government..................................1244
Authority over employees of the Senate....37.11, 352
Compensation, dates of payment of................357
Compensation to, in matters affecting the
Government..................................1242
Conflict of interest.........................37, 353
Contracts. See as main entry.
Deceased, salary due.............................323
Decorations tendered by foreign governments to
1166
Disclosure of financial interests......34, 1172-1182
Families of, police protection...................901
Foreign travel by............................39, 308
Gifts........................................35, 308
Legal Counsel, defense by, of...............558, 559
Legal investigations, contributions for costs
of certain...................................115
Outside business or professional activity or
employment.........................36, 1184-1188
Political-fund activity by........................41
Protection of, by Capitol Police.................901
Service pins or emblems..........................124
Standards of conduct for......34-43, 117, 1172-1182,
1186-1188
Office expenses:
Legislative Counsel..............................554
Senatorial.......................................336
Sergeant at Arms.................................424
Office space, additional if emergency or disaster
declared.............................................346
Office space for Senators in home States.................345
Official expenses of Senators........................336-343
Reimbursement:
Documentation required...................106
Restriction on certain...........................107
Official Reporters.......................................504
Ohio:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1873, 1874
Oklahoma:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1875, 1876
Old Senate Chamber.......................................941
Open sessions of committees............................26.5b
Open World Leadership Center.............................748
Order:
In committee meetings........................26.5(d)
In the Chamber or galleries.....................19.6
Of business........................................8
Special orders.......................8.1, 10
Questions of......................................20
Ordinance of 1787.......................................1752
Oregon:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1877, 1878
Outside business or professional activity or
employment by officers or employees of the Senate
36, 37, 1184-1188
Amount allowed..................................1184
Charitable contributions....................35, 1184
Compliance......................................1187
Civil Penalties.........................1187
Definitions.....................................1188
Honoraria prohibited............................1184
Types of affiliation prohibited.................1185
P
Pages, Senate:
Appointment of...................................457
Classification....................................94
Compensation of..................................457
Dormitory and classroom facilities for.....458, 916,
957
Education of......................................94
Residence, Superintendent of Pages...............957
Service of.......................................460
Withholding from salary for expenses..............94
Paper, purchase of.......................................474
Papers:
Objection to reading (a)........................11.3
Printing of...............................11.4, 11.5
Withdrawal of...................................11.1
Parking facilities for the Senate........................165
Parliamentarian Emeritus of the Senate....................92
Pay. See Compensation.
Peddling forbidden in Senate wing of Capitol.............162
Pennsylvania:
Historical data.................................1990
Ratification of the Constitution..........1719, 1990
Senators from, since formation of the Union
(table)...............................1879, 1880
Pension bills....................................14.9, 14.10
Per diem expenses, reimbursement for...............439, 1159
Periodical Correspondents' Association.................155.3
Periodical Press Gallery...............................155.3
Personnel, Senate. See Employees of the Senate.
Petitions and memorials:
Presentation of....................................7
Reference of.....................................7.4
Summary of, to be printed in Congressional
Record.......................................7.5
Philip A. Hart Senate Office Building....................126
Photographic Studio, Senate. See Senate Recording
Studio and Photographic Studio.
Photographs, taking of, prohibited in Senate Chamber
153.1
Points of order:
Conference report.........................28.2, 28.3
During cloture proceedings......................22.2
In the budget process..........650-655, 660-665, 674
Measure reported from a committee...............26.7
On appropriation bill amendments..................16
Restriction on the expenditure of funds
appropriated................................16.6
Police, Capitol. See Capitol Police.
Policy Committees, Majority and Minority:
Expense accounts.................................317
Political campaigns, contributions, expenditures, etc.
See Elections.
Political fund activity by officers and employees of
Senate................................................41
Political organizations, taxation of....................1377
Transfer of property to.........................1375
Poll tax eliminated as requisite for voting.............1794
Population of (tables):
District of Columbia............................1992
Insular possessions of the United States........1993
States other than the Thirteen Original States
1991
Thirteen Original States........................1990
Post-employment lobbying..........................37.8, 37.9
Postage allowance:
For President of Senate..........................327
Mailing and delivery services....................336
Senatorial.................................336, 1486
Postal conventions, printing of.........................1621
Postal Service, reimbursement to, for postage under
franking privilege..................................1486
Postmasters General (table).............................1976
Postpone, motion to.....................................22.1
Powers, committee.................................25.1, 26.1
Prayer, daily, by Chaplain...............................4.2
Preambles to bills and resolutions......................14.8
Precedence of motions.............................15.3, 22.1
Presentation of credentials................................2
Presidential Gallery...................................155.5
Presidential succession.................................1118
President of the Senate (see also President(s) pro
tempore;
Presiding Officer; Vice President):
Certification of mileage and salary accounts
of Senators..................................333
Oath of..........................................299
Postage allowance................................327
Stationery allowance........................329, 330
President(s) of the United States:
Archival depository.............................1682
Bills or other matters from......................7.3
Budget, national...........................1460-1463
Changing the meeting place of Congress...........302
Commencement of term of office..................1121
Economic Report of..............................1230
Election of................................1100-1120
Electoral votes for (table)................1907-1960
Former Presidents entitled to address the
Senate......................................19.8
Meeting with Senate on executive business.......29.1
Messages to Congress.............................7.1
Confidential communications.............29.3
Printing of.............................1663
Rescission/deferral of budget
authority........................692-696
Presidential Election Campaign funds......1396, 1397
President's seal, use of........................1267
Resignation, or refusal of office...............1119
To be furnished with transcript of executive
records of
Senate........................................32
Vacancy in office of............................1118
President(s) pro tempore (see also President of the
Senate;
Presiding Officer; Vice President).....................1
Capitol Building, assignment of space in.........963
Capitol Preservation Commission, membership......933
Commission on Art (Senate), membership...........939
Compensation of.............................306, 318
Election of......................................1.1
Employees affected by death or resignation of,
compensation of...............................95
Employees of.....................................412
Expense allowance................................320
John W. McCormack Residential Page School,
direction of.................................957
Joint Leadership Group, membership...............557
Legal Counsel, appointment of....................556
Legislative Counsel, appointment of..............549
Permanent acting (table)........................1802
Seal of..........................................122
Table of, since the First Congress..............1800
Presiding Officer (see also President of the Senate;
President(s) pro tempore; Vice President):
Administration of oaths by.......................300
Calling a Senator to order......................19.4
Chair:
Appointment of Senator to perform
duties of..............................1
Order in Chamber or galleries,
enforcement of......................19.6
Performance of duties of, by:
Assistant Secretary of
the Senate...........1.2
Secretary of the
Senate...............1.2
Ruling of, appeal from..................19.4
Directing a Senator to take his seat............19.4
May at any time lay before the Senate bills or
other matters from the President or the
House........................................7.1
Questions of order may be decided by, or
submitted by him for decision by Senate.......20
Recognition of a Senator who desires to speak
19.1a
Rules for regulation of Senate wing,
enforcement of..............................33.2
To decide questions of committee jurisdiction
17.1
To keep time during cloture debate..............22.2
Vice President (see also as main entry):
Absence of..........................1.1, 1.2
Press Gallery..........................................155.1
Press Photographers' Gallery...........................155.4
Printing, Joint Committee on. See Committees, joint.
Printing and binding (see also Committees, joint:
Printing):
Acts............................................1622
Agriculture, report of the Secretary............1661
Appropriation to which printing shall be
charged.....................................1627
Bills and resolutions.....11.6, 280, 283, 1618, 1619
Binding:
Bills and resolutions...................1620
Committee reports.......................1637
For Members of Congress...........1644, 1645
For Senate Library......................1646
Publications for distribution to
libraries...........................1647
Blank books................................465, 1643
Classification and numbering of congressional
publications................................1629
Printing not bearing congressional
number..............................1667
Committee prints................................1636
Committee reports.............................26.10c
Indexing and binding....................1637
Conference reports..............................28.4
Congressional Directory...................1631, 1632
Congressional Record. See as main entry.
Department of State quota of documents and
reports.....................................1625
Depository libraries. See as main entry.
Disposition of documents stored at Capitol......1650
Distribution of documents and reports...........1613
To Members of Congress..................1639
To retiring Members.....................1640
District of Columbia Code........................290
Documents and reports ordered by Members of
Congress....................................1642
Documents not provided for by law...............1626
Documents to be deposited in Library of
Congress.....................................522
Document room, superintendent...................1648
Duplicate orders to print.......................1617
Economic Indicators, printing of................1232
Editions, two or more...........................1624
Envelopes for Members of Congress...............1642
Eulogies.............................138, 1633, 1634
Executive Journal................................137
Extra copies of documents and reports.....1614, 1615
For private parties.....................1665
Extracts from Congressional Record and other
documents.............................1657, 1658
Field printing plants...........................1608
Franks..........................................1642
Government Printing Office employees' wage
scales (Kiess Act)..........................1607
Government printing to be done at Government
Printing
Office......................................1608
Hearings, committee...........................26.10a
Binding for Library of Congress..........523
Printing of.....................26.10a, 1629
Illustrations...........1610, 1611, 1634, 1654, 1660
Index of documents..............................1666
International exchange of Government
publications................................1669
Joint Committee on Printing. See Committees,
joint.
Lapse of authority to print.....................1628
Laws............................................1621
Library of Congress, distribution of
publications to.............................1668
Maps......................................1610, 1654
Memorial addresses.........................138, 1633
Illustrations accompanying..............1634
Motions to print..........................11.4, 11.5
Neglect or delay in public printing, remedying
1602
Orders for printing to be acted on within 1
year........................................1611
Paper, estimates of.............................1612
Paper, envelopes, and blank books for
stationery room..............................474
Papers, etc.......................................29
Postal conventions..............................1621
President's messages to Congress................1663
Public and private laws.........................1621
Public Printer:
Appointment of..........................1603
Compensation of.........................1605
Depository-library laws,
implementation of...................1679
Deputy Public Printer:
Appointment, duties of
1604
Compensation of.........1605
Vacancy in office of....................1606
Reports of:
Librarian of Congress...................1662
Secretary of Agriculture................1661
Reports on private bills........................1613
Reprinting:
Bills, laws, and reports not exceeding
50 pages............................1616
Documents and reports for Members.......1642
Resolutions...............................1618, 1619
Senate document room; superintendent............1648
Senate Journal..................................1623
Senate Manual...................................1630
Senate Service Department; superintendent.......1649
Statement of appropriations.....................1635
Stationery and blank books......................1643
Statutes at Large..........................288, 1638
Superintendent of Documents:
Depository libraries: See as main
entry.
Index of documents......................1666
Printing for sale to public.............1664
Vacancy in office of....................1606
Treaties..................................1621, 1622
United States Code...............................291
``Usual number'' of documents and reports.......1613
Private bills....................................14.9, 14.10
Banned.........................................14.10
Private claims.........................14.10, 16.5, 535, 536
Privilege of the floor....................................23
Pro bono legal services, acceptance of...................116
Procedure, committee......................................26
Professional staffs of committees. See Committee(s):
Staff.
Professional archivist. See Secretary of Senate.
Proxies, use of, in committee...........................26.7
Publications, Government. See Printing and binding.
Public office, appointive:
Acceptance or solicitation to obtain............1247
Nomination proceedings............................31
Offer to procure................................1246
Recess appointments.............................1154
Public officials, unlawful attempt to influence action
of..................................................1240
Public Printer. See Printing and binding.
Puerto Rico, commonwealth of (historical data)..........1993
Purchase of:
American goods in preference to foreign..........473
Paper, envelopes, and blank books for sale by
stationery room..............................474
Stationery.......................................478
Supplies for the Senate..........................475
Q
Question:
Division of a...................................15.3
Of absence of a quorum...........................6.3
Of order..........................................20
Quorum:
Absence of, question of..........................6.3
For cloture vote................................22.2
For unanimous consent to take a final vote on
a specified date............................12.4
Of a committee.................................26.7a
Of the Senate....................................6.1
SergeantatArmstoobtainattendanceofabsentSenator
s............................................6.4
R
Radio and television broadcasting:
Committee hearings and meetings................26.5c
Senate Chamber proceedings........................69
Radio-Television Correspondents' Gallery...............155.2
Ranking majority member of committee to serve in
absence of chairman.................................26.3
Ratification of:
Constitution of the United States...............1719
Table...................................1990
Treaties..........................................30
Reading of:
Bills and joint resolutions.....................14.2
Journal.....................................4.1, 9.1
Paper (a), objection to.........................11.3
Washington's Farewell Address.....................65
Receipts and expenditures, reports on....................479
Receipts from certain sales by Sergeant at Arms.....477, 484
Recess, motion to.......................................22.1
Recess appointments.....................................1154
Reconciliation. See Budget process, Congressional.
Reconsideration...........................................13
Of nominations.............................31.3-31.5
Record, Congressional. See Congressional Record.
Recording Studio and Photographic Studio, Senate.........497
Redesignation of.................................498
Restrictions on use.............................40.6
Record of committee:
Action.........................................26.5e
Votes..........................................26.7b
Records, committee.......................11.2, 26.5e, 26.10a
Records of Congress:
Preservation of.....................11.2, 1683, 1684
Public access to...........................135, 1683
Reference:
To committees.............................14.3, 17.1
Reimbursement (see also Compensation):
Documentation required...........................106
Government agencies for services of employees
detailed to
committees..................................1456
Items cleared for Senate.........................359
Mileage. See Transportation expenses.
Per diem expenses..........................439, 1159
Postal Service for postage under franking
privilege...................................1486
Preauthorization and disclosure.................35.2
Subsistence expenses.............................439
Witnesses..............................110, 543, 544
Relatives, employment of................................1152
Remarks of Senators, printing of, in Congressional
Record...............................................136
Rental allowance for Senators in home States.............336
Reporters of debates................................504, 505
Reportorial services to committees, payment for....26.1, 440
Reports:
Agencies on actions recommended by GAO..........1455
Committee. See Committee(s): Reports.
Comptroller General:
Financial disclosure....................1179
Fiscal information..........1451, 1453, 1454
Conference committees.............................28
Counterpart funds used by Senate committees.....1359
Ethics, Select Committee on, designated to
administer financial disclosure reporting
requirements..................................78
Financial disclosure...................34, 1172-1182
Lobbying.........................................823
Mass mailings....................................350
Members, officers and employees of the Senate:
Contributions..................35, 1172-1182
Financial interests........34, 78, 1172-1182
Gifts.....................................35
Outside business or professional
activity...................36, 1184-1188
Presidential election campaign fund.............1396
Presidential primary matching payment account
1397
Secretary of the Senate:
Expenditures, semiannual statement of
465
Receipts and expenditures, detailed
report of............................479
Secretary of the Treasury and the Director of
the Office of
Management and Budget on fiscal, budget,
and program
information.................................1469
Senatorial candidates on contributions......34, 1172
To accompany supplemental authorization
resolutions.................................26.9
Representation (of constituents) by Members...............43
Representatives, apportionments of (table)..............1994
Reprints of publications..........................1616, 1642
Rescissions and deferrals. See Budget process.
Residence of Senators, for tax purposes.................1130
Resignation of a Senator, compensation and direction
of employees as affected by...........................95
Resolutions. See Bills and resolutions.
Restaurants. See Senate Restaurants.
Retirement benefits of Senators and employees of the
Senate. See 5 U.S.C. Sec. Sec. 8331-8348 (not
included in Senate Manual)..........................1168
Rhode Island:
Historical data.................................1990
Ratification of the Constitution..........1719, 1990
Senators from, since formation of the Union
(table)...............................1881, 1882
Richard Brevard Russell Senate Office Building...........125
Rollcalls................................................6.3
Rules, amendment and suspension of.........................5
Rules, standing, of the Senate. See Standing Rules of
the Senate.
Rules and Administration, Committee on. See
Committees,
standing.
Rules for Regulation of the Senate Wing of the United
States
Capitol and Senate Office Buildings..................150
Rules of Procedure and Practice in the Senate When
Sitting on
Impeachment Trials...................................170
Rules of procedure for committees.......................26.2
Russell Senate Office Building...........................125
S
Salaries. See Compensation.
Salary deposit in financial organizations...............1472
Sale of waste paper and condemned furniture..............481
Scheduling of committee meetings..................26.3, 26.6
Seal of the:
President and Vice President....................1267
President pro tempore............................122
Senate.....................................120, 1267
United States...................................1267
Secrecy, injunction of...........30.1, 31.2, 36.2, 38.2, 289
Secretaries of (tables):
Agriculture.....................................1979
Commerce........................................1981
Commerce and Labor..............................1980
Defense.........................................1973
Education.......................................1987
Energy..........................................1986
Health and Human Services.......................1983
Housing and Urban Development...................1984
Interior........................................1978
Labor...........................................1982
Navy............................................1977
State...........................................1971
Transportation..................................1985
Treasury........................................1972
Veterans Affairs................................1988
War.............................................1974
Secretary of Defense: Armed forces appropriations.......1200
Secretary for the Majority:
Duties of........................................151
Expense allowance................................423
Transfer among accounts..........................315
Secretary for the Minority:
Duties of........................................151
Expense allowance................................423
Transfer among accounts..........................315
Secretary of the Conference of the Majority:
Compensation of
employees affected by death or resignation of.........96
Payment of expenses..............................404
Secretary of the Conference of the Minority:
Compensation of
employees affected by death or resignation of.........96
Payment of expenses..............................404
Secretary of State: Diplomatic gallery, admission
cards to...........................................155.5
Secretary of the Senate. See also Officers of the
Senate:
Acquisition of goods and services by............1471
Administration of oaths to officers of the
Senate and
witnesses....................................301
Administrative assistants, authorization to
employ.......................................454
Advance payments by..............................441
Appropriations for the Senate, withdrawal of
unexpended
balances of..................................464
Assistant Secretary of the Senate................420
Oaths, administration of.................301
Performance of duties of Chair by........1.2
Banking and financial transactions,
reimbursement for............................359
Beneficiaries, payments to.......................323
Certificates of election and appointment....2.2, 2.3
Check cashing regulations, personal..............359
Communications, official, function with
respect to...................................7.6
Compensation of..................................375
Consultants for..................................409
Contingent fund, separate account................431
Curator of Art and Antiquities of the Senate
939
Deductions from salaries of employees for:
Charitable contributions.................361
Indebtedness........................108, 359
Deductions from salaries of Senators for:
Absence..................................324
Delinquent indebtedness..................326
Failure to pay for excerpts from the
Congressional Record................1658
Withdrawal...............................326
Disbursing officer, Financial clerk shall
serve in absence of Secretary................419
Disposition of documents stored at Capitol......1650
Duties of the Chair, performance of, by..........1.2
Education of pages and other minor employees
94, 456
Employees of a Senator, direction of, in event
of:
Death or resignation of a Senator.........95
Termination of service of appointed
Senator...............................97
Employees of a Senator-elect, appointment of
328
Enrollment of bills and joint resolutions and
presentation of same to President of
United States...............................14.5
Expense allowance................................423
Financial disclosure by senatorial candidates
and officers and employees of Senate.........34,
1172-1182
Franking privilege............40.3, 1481, 1482, 1486
Insurance of office funds........................421
Joint Leadership Group, assistance to............557
Lobbyists, registration and reporting of....822, 823
Messages to the President and to the House to
be certified and delivered by................9.2
Nominations, function in respect to........30.4-30.7
Oaths, administration of.........................301
Designation of employees to administer
416
Office of Public Records, revolving fund.........436
Official Reporters...............................504
Pages, education of...............................94
Payment of salaries of officers and employees
of the Senate, date of.......................357
Procurement of temporary help....................397
Professional archivist, Secretary's authority
to obtain services from General Services
Administration...............................380
Purchase of supplies.............................475
Reports by committees on part-time employees
93
Reports by Senatorial candidates and officers
and employees of the Senate on
contributions and honoraria............1172-1182
Reports, semiannual, to Congress on
expenditures.................................465
Reports to Congress on receipts and
expenditures.................................479
Reprinting bills, laws, and reports not
exceeding 50 pages..........................1616
Restriction on payment of dual compensation by
426
Salary deposit in financial organizations.......1472
Sale of waste paper and condemned furniture......483
Seal of the Senate, custody of.............120, 1267
Senate document room; superintendent............1648
Senate Journal. See as main entry.
Service pins or emblems..........................124
Staff, statutory positions, abolish certain......378
Stationery, advertising and contracting for
470-472
Transfers of funds...............................417
Travel expenses.............................376, 377
U.S. Code Annotated or U.S. Code Service,
procurement of, for Senators.................335
Waiver of claims arising out of payments to
Vice President, Senator, or Senate
employee.....................................508
Website, privately paid travel...................468
Withholding and remitting State income taxes
360
Withdrawal of papers............................11.1
Secretary of the Treasury:
Budgetary and fiscal data processing system.....1468
Budgetary and fiscal data to be made available
to Congress.................................1469
Budget standard classifications.................1468
Report to Congress on fiscal, budget, and
program
information.................................1469
Security, loyalty, striking.........................99, 1155
Select committees, See Committees, select.
Senate:
Civil actions, U.S. District Court for the
District of Columbia, jurisdiction for......1240
Employees of. See Employees of the Senate.
Gifts, acceptance of..............................84
Laws, general and permanent, relating to.........270
Officers of. See Officers of the Senate, or
title of specific officer.
Seal of....................................120, 1267
Senate Chamber:
Broadcast of proceedings..........................69
Cloakrooms, admission to.........................157
Daniel Webster desk...............................66
Display materials in.............................166
Flowers in........................................64
For Senate use only.............................33.1
Galleries, regulation of............19.6, 19.7, 33.2
Henry Clay desk...................................68
Jefferson Davis desk..............................67
Mechanical equipment in........................153.2
Old Chamber, supervision and maintenance.........941
Order in, enforcement of........................19.6
Smoking not permitted in........................33.1
Taking of pictures, prohibited.................153.1
Use of...........................................152
Senate Employee Child Care Center....................929-932
Senate Code of Official Conduct.......34-43, 117, 1172-1182,
1184-1188
Senate Computer Center: Revolving fund...................501
Senate document room; superintendent....................1648
Senate flag..............................................121
Senate floor, persons admitted on.....................23, 63
Senate Gallery.........................................155.6
Senate garage.......................................165, 920
Senate Gift Shop.........................................493
Senate Hair Care Services Revolving Fund.................491
Senate Journal:
Contents of.....................................4.1c
Deposit of copies in Library of Congress.........522
Extracts from, to be received in evidence.......1428
Fees for transcripts from........................480
Legislative, executive, confidential, and
impeachment
proceedings to be recorded in separate
books.......................................4.1d
Printing of.....................................1623
Reading of............................4.1, 9.1, 28.1
Senate Legal Counsel. See Legal Counsel.
Senate Library:
Binding for.....................................1613
Documents not bearing a congressional number,
copies of, for..............................1667
Senate Manual, printing of..............................1630
Senate Office Building Commission:
Capitol Visitor Center...........................960
Dormitory and classroom facilities for pages
458, 916, 957
Senate Office Buildings:
Assignment of space in....................25.1n, 919
City Post Office Building, leased space..........916
Control, care, and supervision of................918
Designated as Hart Senate Office Building........126
Designated as Russell and Dirksen Office
Buildings....................................125
Emergency use, acquisition of buildings and
facilities...................................917
Energy management of Congressional buildings
(note).......................................845
Expenditures for, certification of vouchers
for..........................................873
Nurses, registered in............................869
Regulation of..............................33.2, 165
Telecommunications, overall plan (note)..........845
Senate pages. See Pages, Senate.
Senate Recording and Photographic Studios.....40.6, 497, 498
Senate Restaurants...................................921-928
Control and direction of.........................130
Management of, etc...............................921
Surcharge on orders, for deficit fund............490
Senate seal........................................120, 1267
Senate Security, Office of...............................139
Senate Service Department...............................1649
Senate Wing of the Capitol. See Capitol Building.
Senate youth program.....................................101
Senators:
Absence of................................6, 69, 324
Allowances:
Magazines, periodicals, clippings........336
Mailing and delivery services............336
Mileage:
Certification of
mileage accounts
by President of
the Senate...........333
Rates...................1160
Mobile offices...........................345
Office equipment or furnishings..........347
Office expenses in home States...........336
Office space in home States..............345
Office space, additional in event of
emergency or disaster................346
Postage (see also Franking privilege,
as main entry).................336, 1486
Stationery...............................336
Telecommunications..................336, 339
Telegram.................................336
Transportation...........................336
Appointment of...................................2.2
Assassination of................................1249
Assault of......................................1249
Binding for...............................1644, 1645
Classification of...............................1804
Code of official conduct. See Rules 34-43.
Compensation of. See Compensation.
Contracts by. See Contracts.
Deceased:
Compensation of employees............95, 462
Monuments................................334
Office expenses in home States...........336
Salary due...............................323
Decorations tendered by foreign governments to
1166
Depository libraries, designation of......1674, 1677
Directed to take his seat.......................19.4
Disclosure of financial interests......34, 1172-1182
Disparaging reference by one, to another........19.2
Distribution of documents to...............1639-1641
Election of. See Elections.
Employees of. See Employees of the Senate.
Ethics training, mandatory.......................450
Extra copies of documents and reports ordered
by..........................................1642
Extracts from Congressional Record or other
documents...................................1657
Envelopes for...........................1657
Payment for.............................1658
Family of, police protection.....................901
Federal income tax:
Government publications.................1377
Residence of a Senator for purposes of
1376
Financial disclosure...................34, 1172-1182
Flags, Senate, purchase of.......................121
Foreign travel..........................39, 105, 308
Franking privilege.............40.1-40.5, 1481, 1488
Franks and envelopes for, printing of...........1642
Gifts..................................35, 308, 1173
Honoraria, prohibited.............................36
Jury duty, exempt from...........................304
Kidnapping of...................................1249
Legal Counsel, defense by, of...............558, 559
Legal investigations, contributions for costs
of certain...................................115
Membership on Federal Reserve Board prohibited
1220
Memorial tributes to.................138, 1633, 1634
Oaths of......................................3, 298
Offensive reference by, to a State..............19.3
Official expenses, payment of....................336
Documentation required for
reimbursement........................106
Restriction on certain...................107
Official records and papers, transportation of
348
Orientation seminars.............................444
Outside business or professional activity or
employment
of............................36, 353, 1184-1188
Political activity. See Elections.
Post-employment lobbying........................37.8
Post-employment restrictions, notification of
466, 467
Practice in Claims Court by.....................1243
Pro bono legal services, acceptance of...........116
Protection of, by Capitol Police.................901
Recording studios, restrictions on use of.......40.6
Reference to absence of...........................69
Remarks of, printing in Congressional Record
136
Residence of, for income tax purposes...........1130
Resignation of, compensation of employees as
affected by...................................95
Retirement benefits. See 5 U.S.C.
Sec. Sec. 8331-8348 (not included in
Senate Manual).
Service pins or emblems..........................124
Staffs:
Orientation seminars.....................444
Transportation, expenses of..............336
Standards of conduct, policy on..........34-43, 117,
1172-1182, 1184-1188
Subcommitee assignment....................25.4, 83.3
Terms of...................................295, 1804
Trustee or director of corporation or
institution appropriated for.................303
U.S. Code Annotated or U.S. Code Service,
procurement of, for..........................335
Unofficial office accounts prohibited........38, 349
Senators-elect:
Clerical assistants for..........................427
Franking privilege..............................1486
Organizational expenses..........................328
Presentation of credentials of...................2.1
Senators since the First Congress (table)
Special index to above..........................1905
Senior citizen internship program........................102
Sergeant at Arms. See also Officers of the Senate:
Acquisition of goods and services by............1471
Arrest and detain, power to......................964
Capitol Guide Service............................961
Capitol Police, appointment of...................876
Capitol Police Board..............898, 899, 902, 903
Compensation of.............................388, 414
Computer programming service, advance payment
500
Contingent fund, separate account................431
Deputy Sergeant at Arms.....................150, 391
Disposition of documents stored at Capitol......1650
Doorkeeper of the Senate: Assistant
doorkeepers, messengers acting as............154
Electronic services, treatment of................399
Emergency situations; provisions of
facilities, equipment,
supplies, personnel, and other support
services for use of
Senate..................................510, 917
Erect monuments to deceased Senators or House
Members......................................334
Expense allowance................................423
Extraordinary expenses, advancement of funds
to meet......................................423
Franking privilege........................1481, 1486
Heating and ventilating department of Senate
wing, admission to...........................158
Insurance of office funds........................421
Law enforcement authority of.....................401
Longevity compensation to certain employees of
367
Lost, stolen, damaged equipment, reimbursement
486
Media support services...........................400
Office expenses, advanced funds.............422, 424
Office space for Senators in their home States
345
Preserving peace and protecting property in
Capitol
Building.....................................964
Procurement of temporary help....................397
Provision of services and equipment on
reimbursable basis...........................398
Quorum, function in obtaining....................6.4
Receipts of sales of certain items, credit to
appropriations..........................476, 483
Sale of waste paper and condemned furniture......481
Senate Office Buildings, enforcement of
regulations..................................150
Senate pages. See Pages, Senate.
Senate Recording Studio, operation of............497
Senate wing of the Capitol, enforcement of
regulations..................................150
Special deputies..................................90
Staff:
Consultants..............................395
Detailed from other government
agencies.............................395
Employed at daily rates of
compensation.........................396
Statutory positions, abolish certain
394
Travel expenses..........................393
Vouchers, designated to approve..........392
Tort claims, settlement of.......................109
Service academies, boards of visitors to. See Board of
visitors.
Service pins or emblems..................................124
Sessions:
Committee: Scheduling of..................26.3, 26.6
Executive.........................................29
On nominations............................31
On treaties...............................30
President of United States furnished
with records of.......................32
With closed doors.................................21
Shuttle service. See Capitol Grounds.
Signal lights, legislative...............................164
Simple resolutions. See Bills and resolutions.
Small Business, Committee on. See Committees,
standing.
Smithsonian Institution, Board of Regents of......1330, 1331
Smoking restrictions..........................33.1, 155, 159
South Carolina:
Historical data.................................1990
Ratification of the Constitution..........1719, 1990
Senators from, since formation of the Union
(table)...............................1883, 1884
South Dakota:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1885, 1886
Space, assignment of, in:
Capitol Building.................................963
Senate Office Buildings..........................919
Special committees. See Committees, special.
Special delivery postage allowance, senatorial...........336
Special Gallery........................................155.8
Special orders............................................10
Spending..................................................44
Staffs of: (See also Employees of the Senate.)
Committees....................................27, 80
Senators:
Orientation seminars.....................444
Transportation expenses of...............336
Standards and conduct for Members, officers, and
employees of Senate.....34-43, 117, 1172-1182, 1184-1188
Standing Committee of Correspondents...................155.1
Standing Committee of Press Photographers..............155.4
Standing Committees of the Senate. See Committees,
standing.
Standing orders not embraced in the rules.................60
Standing Rules of the Senate:
Amendment or suspension of.......................5.1
Continuance in effect from Congress to
Congress.....................................5.2
Motion to proceed to consideration of any
change in....................................8.2
Special index to..................................50
Suspension of......................................5
State, offensive reference by a Senator to a............19.3
State, Secretaries of (table)...........................1971
Statement of appropriations........................460, 1635
Statements of witnesses before committees, staff to
prepare digests of.................................26.4b
States:
Admitted to the Union since the adoption of
the Constitution (table)....................1991
Ratification of the Constitution by.............1719
(table).................................1990
Thirteen Original (table).......................1990
Stationery:
Advertising and contracting for..............470-472
Allowance:
President of the Senate..................329
Senatorial...............................336
Classes of articles purchasable in stationery
room.........................................489
Printing of.....................................1643
Revolving fund for...............................330
Statuary Hall..................................947, 948, 949
Statutes at Large:
Contents; admissibility in evidence..............288
Printing of.....................................1638
Stennis, John C., Center for Public Service Training
and
Development.................................521, 738-747
Stenographic assistance for reporting of committee
hearings.......................................26.1, 440
Striking against Government.......................1165, 1273
Subcommittees.....................................25.4, 96.3
Subpoena power of committees (standing).................26.1
Aging (Special).................................83.1
Ethics (Select)...................................77
Indian Affairs (Other)..........................83.2
Intelligence (Select).............................81
Subsistence expenses, reimbursement for..................439
Succession to the Presidency............................1118
Suits, filing of, by committees...........85, 558, 560, 1426
Summary of testimony before committees, staff to
prepare............................................26.4c
Superintendent of Documents. See Printing and binding.
Superintendent of Senate document room..................1648
Superintendent of Senate Service Department.............1649
Supplemental expenditure authorizations for committees
26.9
Supplemental views in committee reports...............26.10c
Supplies for the Senate.............................438, 475
Supreme Court Justices (table)..........................1970
Assassination, kidnapping, assault of...........1249
Surcharge on orders in Senate Restaurant.................490
Surveillance by committees of execution of laws by
agencies...........................................26.8a
Suspension of the rules....................................5
T
Tape copies of floor broadcast, use of....................69
Taxation, Joint Committee on. See Committees, joint.
Technology assessment:
Congressional findings and declaration of
purpose......................................625
Office of Technology Assessment:
Appropriations for purpose...............635
Authority of.............................629
Coordination with National Science
Foundation...........................633
Director and Deputy Director.............628
Establishment of.........................626
Technology Assessment Advisory Council
630
Utilization of--
General Accounting
Office...............632
Library of Congress......631
Technology Assessment Board......................627
Telecommunications Services..............................337
Overall plan (note)..............................845
Telegraph allowance:
Senators.........................................336
Senators-elect...................................328
Telephone allowances:
Senators.........................................336
Senators-elect...................................328
Telephone exchange, memorandum of
understanding................................962
Telephone operators, compensation of.............371
Longevity compensation...................365
Television broadcasting:
Committee hearings and meetings................26.5c
Senate chamber proceedings........................69
Tennessee:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1887, 1888
Terms of Senators.............................295, 322, 1804
Texas:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1889, 1890
Thurgood Marshall Federal Judiciary Building.......1510-1516
Tort claims, settlement of...............................109
Trade agreements, Congressional procedures with
respect to Presidential actions on.............1300-1316
Bipartisan Trade Promotion Authority.......1300-1316
Training for professional staffs of committees.......80, 446
Transit programs, Senate participation...................111
Transportation, Secretaries of (table)..................1985
Travel expenses:
Allowable............................308, 1161, 1162
Certification of mileage accounts by President
of the Senate................................333
Death occurring while away from duty station
1163
Employees of Senate..............................105
Foreign travel....................35.3, 39, 105, 308
Individuals appointed to recommend nominees
for Federal judgeships and service
academies....................................336
Legal Counsel....................................570
Legislative Counsel..............................555
Mileage and related expenses....................1160
Per diem...................................439, 1159
Secretary of Senate.........................376, 377
Senators and staffs......35, 39, 105, 308, 336, 1163
Senators-elect and appointed employees...........328
Sergeant at Arms.................................393
Witnesses..................................110, 1164
Treasury, Secretaries of (table)........................1972
Treaties:
Injunction of secrecy on..................29.3, 30.1
Printing of...............................1621, 1622
Proceedings on....................................30
Transmission to Congress.........................289
Trials, impeachment......................................170
Trust funds.......................................34.4, 1173
Trust Territory of the Pacific Islands..................1993
Two-day rule............................................17.5
U
Unanimous consent:
To change or withdraw a Senator's vote..........12.1
To proceed to the consideration of a subject
7.2, 8.2
To reconsider a question........................13.1
To suspend a rule..................................5
To suspend reading of Journal....................4.1
To take a final vote on a specific date.........12.4
Unfinished business..............................10.1, 19.1b
Unfunded mandates. See also Budget process,
Congressional....................................795-819
Definitions; purposes; exclusions............795-798
Judicial review..................................819
Legislative accountability...................799-804
Regulatory accountability....................805-812
Review of Federal mandates...................813-818
United States Code:
Distribution to Members of the Senate............291
United States Code Annotated, procurement of, for
Senators.............................................331
United States Code Service, procurement of, for
Senators.............................................331
United States District Court for the District of
Columbia: Senate civil actions, jurisdiction of.....1426
United States Senate-China Interparliamentary Group.....1357
United States Senate-Russia Interparliamentary Group
1358
Unofficial office accounts prohibited................38, 349
Utah:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1891, 1892
V
Vacancy in offices of both President and Vice
President...........................................1118
Vehicles, purchase and operation from contingent fund
433
Ventilating Senate wing.............................158, 863
Vermont:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1893, 1894
Veterans' Affairs, Committee on. See Committees,
standing.
Veterans' Affairs, Secretaries of (table)...............1988
Vice President: (see also President of the Senate;
President(s) pro tempore; Presiding Officer):
Absence of..................................1.1, 1.2
Allowances:
Expenses................................1123
Stationery..........................329, 330
Telephone................................331
Busts of former..................................123
Commencement of term of office..................1121
Compensation of.................................1122
Election of................................1100-1117
Electoral votes for (table)................1906-1960
Franking privilege........................1481, 1488
Official temporary residence of.................1123
Resignation, or refusal of office...............1119
Transfers among accounts.........................315
Vacancy in office of............................1118
Vice President's seal, use of...................1267
Virginia:
Historical data.................................1990
Ratification of the Constitution..........1719, 1990
Senators from, since formation of the Union
(table)...............................1895, 1896
Virgin Islands (historical data)........................1993
Visitor Center:
Senate......................................960, 966
Visitors' Galleries......................................155
Votes, electoral, for President and Vice President
(table)........................................1906-1960
Voting....................................................12
Changing or withdrawing a Senator's vote........12.1
Committee.......................................26.7
By proxy................................26.7
Reconsideration...................................13
Senator declining to vote.......................12.2
Unanimous consent to take a final vote on a
specific date...............................12.4
Yeas and nays...................................12.1
From Senator's assigned desk..............62
Vouchers, approval of..........................392, 429, 437
W
Waiver of claims arising out of payments to Vice
President,
Senator, or Senate employee..........................508
War, Secretaries of (table).............................1974
Warning signal of enemy attack or other major disaster
conditions...........................................164
Washington, State of:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1897, 1898
Washington's Farewell Address, reading of.................65
Waste paper, sale of.....................................481
Webster, Daniel, desk in Senate chamber...................66
West Virginia:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1899, 1900
Whips. See Majority Whip; Minority Whip.
Wisconsin:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1901, 1902
Withdrawal of papers....................................11.2
Witnesses. See also Committee(s): Hearings.
Witnesses: Majority and Minority Policy Committees:
fees.................................................544
Work injuries, compensation.............................1167
Worker Adjustment and Retraining Notification Act,
application to Congress..............................756
Works of fine art in the Capitol...............950, 951, 952
Wyoming:
Historical data.................................1991
Senators from, since admission to the Union
(table)...............................1903, 1904
Y
Yeas and nays.......................................12.1, 62
Youth program, Senate....................................101
[all]