[United States Senate Manual, 110th Congress]
[S. Doc. 110-1]
[USCODETITLE]
[Pages 231-1062]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 231]]
[270]
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GENERAL AND PERMANENT LAWS RELATING TO THE UNITED STATES
SENATE
[Data collected through 110th 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
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22. Oath of President of Senate........... 299
23. Presiding officer of Senate may
administer oaths.................. 300
24. Secretary of Senate or Assistant
Secretary may administer oaths.... 301
27. Change of place of meeting............ 302
30. Term of service of Members of Congress
as trustees or directors of
corporations or institutions
appropriated for.................. 303
30a. Jury duty exemption of elected
officials of the legislative
branch............................ 304
30b. Notice of objecting to the proceeding. 305
Chapter 3.--Compensation and Allowances of Members
31. Compensation of Members of Congress... 306
31-2. Gifts and travel...................... 308
31-3. Registered lobbyist participation in
travel; guidelines................ 309
31a-1. Expense allowance of Majority and
Minority Leaders of Senate;
expense allowance of Majority and
Minority Whips; methods of
payment; taxability............... 310
31a-2. Representation Allowance Account for
Majority and Minority Leaders of
Senate............................ 311
31a-2a. Transfer of funds from representation
allowance of Majority and Minority
Leaders of Senate to expense
allowance; availability;
definitions....................... 312
31a-2b. Transfer of funds from appropriations
account of Majority and Minority
Leaders of Senate to
appropriations account for
``Miscellaneous Items'' within
Senate contingent fund............ 313
31a-2c. Transfer of funds from appropriations
account of Majority and Minority
Whips of Senate to appropriations
account for ``Miscellaneous
Items'' within Senate contingent
fund.............................. 314
31a-2d. Transfer of funds from appropriations
account of the Office of the Vice
President and the Offices of
Secretaries for the Majority and
Minority to the Senate contingent
fund.............................. 315
31a-3. Expense allowance for Chairmen of
Majority and Minority Conference
Committees of Senate; method of
payment; taxability............... 316
31a-4. Chairmen of the Majority and Minority
Policy Committees' Expense Account 317
32. Compensation of President pro tempore
of Senate......................... 318
32a. Compensation of Deputy President pro
tempore of Senate................. 319
32b. Expense allowance of President pro
tempore of Senate; methods of
payment; taxability............... 320
33. Senators' salaries.................... 321
36. Salaries of Senators.................. 322
36a. Payment of sums due deceased Senators
and Senate personnel.............. 323
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39. Deductions for absence................ 324
40. Deductions for withdrawal............. 325
40a. Deductions for delinquent indebtedness 326
42a. Special delivery postage allowance for
President of the Senate........... 327
43d. Organizational expenses of Senator-
elect............................. 328
46a. Stationery allowance for President of
the Senate........................ 329
46a-1. Senate revolving fund for stationery
allowances; availability of
unexpended balances; withdrawals.. 330
46d-1. Long-distance telephone calls for Vice
President......................... 331
47. Mode of payment....................... 332
48. Certification of salary and mileage
accounts.......................... 333
51. Monuments to deceased Senators or
House Members..................... 334
55. United States Code Annotated or United
States Code Service; procurement
for Senators...................... 335
58. Mail, telegraph, telephone,
stationery, office supplies, and
home State office and travel
expenses for Senators............. 336
58a. Telecommunications services for
Senators; payment of costs out of
contingent fund................... 337
58a-1. Payment for telecommunications
equipment and services;
definitions....................... 338
58a-2. Certification of telecommunications
equipment and services as official 339
58a-3. Report on telecommunications to
Committee on Rules and
Administration.................... 340
58a-4. Metered charges on copiers; ``Sergeant
at Arms'' and ``user'' defined;
certification of services as
official; deposit of payments;
availability for expenditure...... 341
58c. Senators' Official Personnel and
Office Expense Account............ 343
59. Home State office space for Senators;
lease of office space............. 345
59-1. Additional home State office space for
Senators.......................... 346
59b. Purchase of office equipment or
furnishings by Senators........... 347
59d-1. Transportation of official records and
papers to a Senator's State....... 348
59e. Official mail of persons entitled to
use the congressional frank....... 349
59f. Mass mailings by Senate offices;
quarterly statements; publication
of summary tabulations............ 350
59g. Mass mailing of information under
frank; quarterly registration with
Secretary of Senate............... 351
Chapter 4.--Officers and Employees of Senate and House of
Representatives
60-1. Authority of officers of Congress over
Congressional employees........... 352
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60-2. Amendment to Senate conflict of
interest rule..................... 353
60a-1. Senate pay adjustments; action by
President pro tempore of Senate... 354
60a-1a. Rates of compensation paid by
Secretary of Senate; applicability
of Senate pay adjustments by
President pro tempore of Senate... 355
60a-1b. Senate pay adjustments; action by
President pro tempore of Senate... 356
60c-1. Vice President, Senators, officers and
employees paid by Secretary of
Senate; payment of salary; advance
payment........................... 357
60c-2a. Banking and financial transactions of
Secretary of Senate............... 359
60c-3. Withholding and remittance of State
income tax by Secretary of Senate. 360
60c-4. Withholding of charitable
contributions from salaries paid
by Secretary of Senate and from
employees of Architect of Capitol. 361
60c-5. Student loan repayment program........ 362
60j. Longevity compensation................ 363
60j-1. Capitol Police longevity compensation. 364
60j-2. Longevity compensation for telephone
operators on United States
telephone exchange and members of
Capitol Police paid by Chief
Administrative Officer of House... 365
60j-4. Longevity compensation not applicable
to individuals paid by Secretary
of Senate; savings provision...... 367
60p. Payment for unaccrued leave........... 368
61. Limit on rate of compensation of
Senate officers and employees..... 369
61-1. Gross rate of compensation of
employees paid by Secretary of
Senate............................ 370
61-1a. Availability of appropriated funds for
payment to an individual of pay
from more than one position;
conditions........................ 371
61-1b. Availability of appropriations during
first three months of any fiscal
year for aggregate of payments of
gross compensation made to
employees from Senate
appropriation account for
``Salaries, Officers and
Employees''....................... 372
61-1c. Aggregate gross compensation of
employee of Senator of State with
population under 5,000,000........ 373
61a. Compensation of Secretary of Senate... 374
61a-9. Advancement by Secretary of Senate of
travel funds to employees under
his jurisdiction for Federal
Election Campaign Act travel
expenses.......................... 375
61a-9a. Travel expenses of Secretary of
Senate; advancement of travel
funds to designated employees..... 376
61a-11. Abolition of statutory positions in
Office of Secretary of Senate;
Secretary's authority to establish
and fix compensation for positions 377
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61b. Compensation of Parliamentarian of
Senate............................ 378
61b-3. Professional archivist; Secretary's
authority to obtain services from
General Services Administration... 379
61c-1. Adjustment of rate of compensation by
Secretary of Senate............... 380
61c-2. Compensation of Assistants to Majority
and Minority in Office of
Secretary of Senate............... 381
61d. Compensation of Chaplain of Senate.... 382
61d-1. Compensation of employees of Chaplain
of Senate......................... 383
61d-2. Postage allowance for Chaplain of
Senate............................ 384
61d-4. Payment of expenses of Chaplain of
Senate from Senate contingent fund 386
61e. Compensation of Sergeant at Arms and
Doorkeeper of Senate.............. 387
61e-3. Deputy Sergeant at Arms and Doorkeeper
to act on death, resignation,
disability, or absence of Sergeant
at Arms and Doorkeeper of Senate.. 388
61e-4. Designation by Sergeant at Arms and
Doorkeeper of Senate of persons to
approve vouchers for payment of
moneys............................ 389
61f-1a. Travel expenses of Sergeant at Arms
and Doorkeeper of Senate.......... 390
61f-7. Abolition of statutory positions in
Office of Sergeant at Arms and
Doorkeeper of Senate; authority to
establish and fix compensations
for positions..................... 391
61f-8. Use by Sergeant at Arms and Doorkeeper
of Senate of individual
consultants or organizations, and
department and agency personnel... 392
61f-9. Employment of personnel by Sergeant at
Arms and Doorkeeper of Senate at
daily rates of compensation;
authorization; limitation on
amount of compensation............ 393
61f-10. Procurement of temporary help......... 394
61f-11. Provision of services and equipment on
a reimbursable basis.............. 395
61f-12. Treatment of electronic services
provided by Sergeant at Arms...... 396
61f-13. Media support services................ 397
61g-6. Payment of expenses of Conference of
Majority and Conference of
Minority from Senate contingent
fund.............................. 398
61g-6a. Salaries and expenses for Senate
Majority and Minority Policy
Committees and Senate Majority and
Minority Conference Committees.... 399
61g-6b. Offices of the Secretaries of the
Conference of the Majority and the
Conference of the Minority........ 400
61g-7. Services of consultants to Majority
and Minority Conference Committee
of Senate......................... 401
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61g-8. Utilization of funds for specialized
training of professional staff for
Majority and Minority Conference
Committee of the Senate........... 402
61h-4. Appointment of employees by Senate
Majority and Minority Leaders;
compensation...................... 403
61h-5. Assistants to Senate Majority and
Minority Leaders for Floor
Operations; establishment of
positions; appointment;
compensation...................... 404
61h-6. Appointment of consultants by Majority
Leader, Minority Leader, Secretary
of Senate, and Legislative Counsel
of Senate; compensation........... 405
61h-7. Chief of Staff for Senate Majority and
Minority Leaders; appointment;
compensation...................... 406
61j-2. Compensation and appointment of
employees by Senate Majority and
Minority Whips.................... 407
61k. Compensation and appointment of
employees by President pro tempore
of Senate......................... 408
61l. Appointment and compensation of
Administrative Assistant,
Legislative Assistant, and
Executive Secretary for Deputy
President pro tempore of Senate... 409
62. Limitation on compensation of Sergeant
at Arms and Doorkeeper of Senate.. 410
64-1. Employees of Senate Disbursing Office;
designation by Secretary of Senate
to administer oaths and
affirmations...................... 413
64-2. Transfer of funds by Secretary of
Senate; approval of Committee on
Appropriations.................... 414
64-3. Reimbursement for Capitol Police
salaries paid by Senate for
service at Federal Law Enforcement
Training Center................... 415
64a. Death, resignation, or disability of
Secretary and Assistant Secretary
of Senate; Financial Clerk deemed
successor as disbursing officer... 416
64b. Same; Assistant Secretary of Senate to
act as Secretary; written
designation of absent status...... 417
65a. Insurance of office funds of Secretary
of Senate and Sergeant at Arms;
payment of premiums............... 418
65b. Advances to Sergeant at Arms of Senate
for extraordinary expenses........ 419
65c. Expense allowance for Secretary of
Senate, Sergeant at Arms and
Doorkeeper of Senate, and
Secretaries for Senate Majority
and Minority...................... 420
65d. Funds advanced by Secretary of Senate
to Sergeant at Arms and Doorkeeper
of Senate to defray office
expenses; accountability; maximum
amount; vouchers.................. 421
65f. Funds for Secretary of Senate to
assist in proper discharge within
United States of responsibilities
to foreign parliamentary groups or
other foreign officials........... 422
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66a. Restriction on payment of dual
compensation by Secretary of
Senate............................ 423
67. Clerks to Senators-elect.............. 424
68. Payments from Senate contingent fund.. 425
68-1. Committee on Rules and Administration;
designation of employees to
approve vouchers for payments from
Senate contingent fund............ 426
68-2. Appropriations for contingent expenses
of Senate; restrictions........... 427
68-3. Separate accounts for the ``Secretary
of the Senate'' and for ``Sergeant
at Arms and Doorkeeper of the
Senate''; establishment within
Senate contingent fund; inclusion
of funds in existing accounts..... 428
68-5. Purchase, lease, exchange,
maintenance, and operation of
vehicles out of account for
Sergeant at Arms and Doorkeeper of
Senate within Senate contingent
fund; authorization of
appropriations.................... 429
68-6. Transfers from appropriations accounts
for expenses of Secretary of
Senate and Office of Sergeant at
Arms and Doorkeeper of Senate..... 430
68-6a. Transfers from appropriations account
for expenses of Office of Sergeant
at Arms and Doorkeeper of Senate.. 431
68-7. Senate Office of Public Records
Revolving Fund.................... 432
68-8. Vouchering Senate office charges...... 433
68a. Materials, supplies, and fuel payments
from Senate contingent fund....... 434
68b. Per diem and subsistence expenses from
Senate contingent fund............ 435
68c. Computation of compensation for
stenographic assistance of
committees payable from Senate
contingent fund................... 436
68e. Advance payments by Secretary of
Senate............................ 437
69. Expenses of committees payable from
Senate contingent fund............ 438
69-1. Availability of funds for franked mail
expenses.......................... 439
69a. Orientation seminars, etc., for new
Senators, Senate officials or
members of staffs of Senators or
Senate officials; payment of
expenses.......................... 440
69b. Senate Leader's Lecture Series........ 441
72a. Committee staffs...................... 442
72a-1e. Assistance to Senators with committee
memberships by employees in office
of Senator........................ 443
72a-1g. Referral of ethics violations by the
Senate Ethics Committee to
Government Accountability Office
for investigation................. 444
72a-1h. Mandatory Senate ethics training for
members and staff................. 445
72a-1i. Annual report by Select Committee on
Ethics............................ 446
72d. Committee on Appropriations;
discretionary powers.............. 447
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72d-1. Transfer of funds from the
appropriation accounts for
salaries or expenses for the
Appropriations Committee of the
Senate............................ 448
74b. Employment of additional
administrative assistants......... 449
88b. Education of other minors who are
Senate employees.................. 451
88b-1. Congressional pages................... 452
88b-7. Daniel Webster Senate Page Residence
Revolving Fund.................... 453
101. Subletting duties of employees of
Senate or House................... 454
102a. Withdrawal of unexpended balances of
appropriations.................... 455
104a. Semiannual statements of expenditures
by Secretary of Senate and Chief
Administrative Officer of House... 456
104d. Notification of post-employment
restrictions...................... 457
104f. Notification of post-employment
restrictions...................... 458
104g. Senate privately paid travel public
website........................... 459
105. Preparation and contents of statement
of appropriations................. 460
106. Stationery for Senate; advertisements
for............................... 461
107. Opening bids for Senate and House
stationery; awarding contracts.... 462
108. Contracts for separate parts of Senate
stationery........................ 463
109. American goods to be preferred in
purchases for Senate and House.... 464
110. Purchase of paper, envelopes, etc.,
for stationery rooms of Senate and
House............................. 465
111. Purchase of supplies for Senate and
House............................. 466
111a. Receipts from sales of items by
Sergeant at Arms and Doorkeeper of
Senate, to Senators, etc. to be
credited to appropriation from
which purchased................... 467
112. Purchases of stationery and materials
for folding....................... 468
113. Detailed reports of receipts and
expenditures by Secretary of
Senate and Chief Administrative
Officer of House.................. 469
114. Fees for copies from Senate journals.. 470
117. Sale of waste paper and condemned
furniture......................... 471
117b. Disposal of used or surplus furniture
and equipment by Sergeant at Arms
and Doorkeeper of Senate;
procedure; deposit of receipts.... 472
117b-1. Receipts from sale of used or surplus
furniture and furnishings of
Senate............................ 473
117b-2. Transfer of excess or surplus
educationally useful equipment to
public schools.................... 474
118. Actions against officers for official
acts.............................. 475
118a. Officers of Senate.................... 476
119. Stationery rooms of House and Senate;
specifications of classes of
articles purchasable.............. 477
121. Senate restaurant deficit fund;
deposit of proceeds from surcharge
on orders......................... 478
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121b-1. Senate Hair Care Services; personnel;
Revolving Fund.................... 479
121c. Office of Senate Health Promotion..... 480
121d. Senate Gift Shop...................... 481
121e. Payment of fees for services of
Attending Physician and for use of
Senate health and fitness
facilities........................ 482
121f. Senate Health and Fitness Facility
revolving fund.................... 483
121g. Authority of Attending Physician in
response to medical contingencies
or public health emergencies at
Capitol........................... 484
123b. House Recording Studio; Senate
Recording Studio and Senate
Photographic Studio............... 485
123b-1. Senate Recording Studio and Senate
Photographic Studio as successors
to Senate Recording and
Photographic Studios; rules,
regulations, and fees for
photographs and photographic
services.......................... 486
123c. Data processing equipment, software,
and services...................... 487
123c-1. Advance payments for computer
programing services............... 488
123d. Senate Computer Center................ 489
123e. Senate legislative information system. 490
125a. Death gratuity payments as gifts...... 491
126-2. Designation of reporters.............. 492
126b. Substitute reporters of debates and
expert transcribers; temporary
reporters of debates and expert
transcribers; payments from Senate
contingent fund................... 493
130a. Nonpay status for Congressional
employees studying under
Congressional staff fellowships... 494
130b. Jury and witness service by Senate and
House employees................... 495
130c. Waiver by Secretary of Senate of
claims of United States arising
out of erroneous payments to Vice
President, Senator, or Senate
employee paid by Secretary of
Senate............................ 496
130e. Special Services Office............... 497
130g. Emergency situations; provisions of
facilities, equipment, supplies,
personnel, and other support
services for use of Senate........ 498
Chapter 5.--Library of Congress
131. Collections composing Library;
location.......................... 499
132. Departments of Library................ 500
132a. Appropriations for increase of general
library........................... 501
132b. Joint Committee on the Library........ 502
133. Joint Committee during recess of
Congress.......................... 503
136. Librarian of Congress; appointment;
rules and regulations............. 504
136a-2. Librarian of Congress and Deputy
Librarian of Congress;
compensation...................... 505
[[Page 240]]
138. Law library; hours kept open.......... 506
141a. Design, installation and maintenance
of security systems; transfer of
responsibility.................... 508
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.... 509
145. Copies of journals and documents...... 510
145a. Periodical binding of printed hearings
of committee testimony............ 511
146. Deposit of Journals of Senate and
House............................. 512
154. Library of Congress Trust Fund Board;
members; quorum; seal; rules and
regulations....................... 513
156. Gifts, etc., to Library of Congress
Trust Fund Board.................. 514
157. Funds of Library of Congress Trust
Fund Board; management of......... 515
158. Deposits by Library of Congress Trust
Fund Board with Treasurer of
United States..................... 516
158a. Temporary possession of gifts of money
or securities to Library of
Congress; investment.............. 517
159. Perpetual succession and suits by or
against Library of Congress Trust
Fund Board........................ 518
160. Disbursement of gifts, etc., to
Library........................... 519
161. Tax exemption of gifts, etc., to
Library of Congress............... 520
166. Congressional Research Service........ 521
Chapter 6.--Congressional and Committee Procedure:
Investigations
191. Oaths to witnesses.................... 522
192. Refusal of witness to testify or
produce papers.................... 523
193. Privilege of witnesses................ 524
194. Certification of failure to testify or
produce; grand jury action........ 525
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.. 526
195a. Restriction on payment of witness fees
or travel and subsistence expenses
to persons subpenaed by
Congressional committees.......... 528
195b. Fees for witnesses requested to appear
before Majority Policy Committee
or Minority Policy Committee...... 529
196. Senate resolutions for investigations;
limit of cost..................... 530
198. Adjournment........................... 531
Chapter 9.--Office of Legislative Counsel
271. Establishment......................... 533
[[Page 241]]
272. Legislative Counsel................... 534
273. Compensation.......................... 535
274. Staff; office equipment and supplies.. 536
275. Functions............................. 537
276. Disbursement of appropriations........ 538
276a. Expenditures.......................... 539
276b. Travel and related expenses........... 540
Chapter 9D.--Office of Senate Legal Counsel
288. Office of Senate Legal Counsel........ 541
288a. Senate Joint Leadership Group......... 542
288b. Requirements for authorizing
representation activity........... 543
288c. Defending the Senate, committee,
subcommittee, member, officer, or
employee of Senate................ 544
288d. Enforcement of Senate subpena or order 545
288e. Intervention or appearance............ 546
288f. Immunity proceedings.................. 547
288g. Advisory and other functions.......... 548
288h. Defense of certain constitutional
powers............................ 549
288i. Representation conflict or
inconsistency..................... 550
288j. Consideration of resolutions to direct
counsel........................... 551
288k. Attorney General relieved of
responsibility.................... 552
288l. Procedural provisions................. 553
288m. Contingent fund....................... 554
Chapter 11.--Citizens' Commission on Public Service and
Compensation
351. Establishment......................... 555
352. Membership............................ 556
353. Executive Director; additional
personnel; detail of personnel of
other agencies.................... 557
354. Use of United States mails............ 558
355. Administrative support services....... 559
356. Functions............................. 560
357. Report by Commission to President with
respect to pay.................... 561
358. Recommendations of President with
respect to pay.................... 562
359. Effective date of recommendations of
President......................... 563
360. Effect of recommendations on existing
law and prior recommendations..... 564
361. Publication of recommendations........ 565
362. Requirements applicable to
recommendations................... 566
363. Additional function................... 567
364. Provision relating to certain other
pay adjustments................... 568
Chapter 14.--Federal Election Campaigns
subchapter i.--disclosure of federal campaign funds
431. Definitions........................... 570
432. Organization of political committees.. 571
[[Page 242]]
433. Registration of political committees.. 572
434. Reporting requirements................ 573
437. Reports on convention financing....... 576
437c. Federal Election Commission........... 579
437d. Powers of Commission.................. 580
437f. Advisory opinions..................... 582
437g. Enforcement........................... 583
437h. Judicial review....................... 584
438. Administrative provisions............. 585
439. Statements filed with State officers;
``appropriate State'' defined;
duties of State officers; waiver
of duplicate filing requirement
for States with electronic access. 586
439a. Use of contributed amounts for certain
purposes.......................... 587
441a. Limitations on contributions and
expenditures...................... 591
441b. Contributions or expenditures by
national banks, corporations, or
labor organizations............... 592
441c. Contributions by government
contractors....................... 593
441d. Publication and distribution of
statements and solicitations;
charge for newspaper or magazine
space............................. 594
441e. Contributions and donations by foreign
nationals......................... 595
441f. Contributions in name of another
prohibited........................ 596
441g. Limitation on contribution of currency 597
441h. Fraudulent misrepresentation of
campaign authority................ 598
441i. Soft money of political parties....... 599
441k. Prohibition of contribution by minors. 601
442. Authority to procure technical support
and other services and incur
travel expenses; payment of such
expenses.......................... 602
subchapter ii.--general provisions
451. Extension of credit by regulated
industries; regulations........... 603
452. Prohibition against use of certain
Federal funds for election
activities........................ 604
453. State laws affected................... 605
454. Partial invalidity.................... 606
455. Period of limitations................. 607
Chapter 15.--Office of Technology Assessment
471. Congressional findings and declaration
of purpose........................ 609
472. Office of Technology Assessment....... 610
473. Technology Assessment Board........... 611
474. Director of Office of Technology
Assessment........................ 612
475. Powers of Office of Technology
Assessment........................ 613
476. Technology Assessment Advisory Council 614
477. Utilization of services of Library of
Congress.......................... 615
478. Utilization of services of Government
Accountability Office............. 616
479. Coordination of activities with
National Science Foundation....... 617
[[Page 243]]
481. Authorization of appropriations;
availability of appropriations.... 619
Chapter 16.--Congressional Mailing Standards
502. Select Committee on Standards and
Conduct of the Senate............. 620
Chapter 17.--Congressional Budget Office
601. Establishment......................... 621
602. Duties and functions.................. 622
603. Public access to budget data.......... 623
605. Sale or lease of property, supplies,
or services....................... 625
606. Disposition of surplus or obsolete
personal property................. 626
607. Lump-sum payments to separated
employees for unused annual leave. 627
608. Lump-sum payments to enhance staff
recruitment and to reward
exceptional performance........... 628
610. Repayment of student loan on behalf of
employee.......................... 629
Chapter 17A.--Congressional Budget and Fiscal Operations
621. Congressional declaration of purpose.. 630
622. Definitions........................... 631
623. Continuing study of additional budget
reform proposals.................. 632
subchapter i.--congressional budget process
631. Timetable............................. 633
632. Annual adoption of concurrent
resolution on the budget.......... 634
633. Committee allocations................. 635
634. Concurrent resolution on the budget
must be adopted before budget-
related legislation is considered. 636
635. Permissible revisions of concurrent
resolutions on the budget......... 637
636. Provisions relating to consideration
of concurrent resolutions on the
budget............................ 638
637. Legislation dealing with Congressional
budget must be handled by Budget
Committees........................ 639
638. House committee action on all
appropriation bills to be
completed by June 10.............. 640
639. Reports, summaries, and projections of
Congressional budget actions...... 641
640. House approval of regular
appropriation bills............... 642
641. Reconciliation........................ 643
642. Budget-related legislation must be
within appropriate levels......... 644
643. Determinations and points of order.... 645
644. Extraneous matter in reconciliation
legislation....................... 646
645. Adjustments........................... 647
645a. Effect of adoption of a special order
of business in the House of
Representatives................... 648
[[Page 244]]
subchapter ii.--fiscal procedures
Part A.--General Provisions
651. Budget-related legislation not subject
to appropriations................. 649
653. Analysis by Congressional Budget
Office............................ 651
654. Study by Government Accountability
Office of forms of Federal
financial commitment not reviewed
annually by Congress.............. 652
655. Off-budget agencies, programs, and
activities........................ 653
656. Member User Group..................... 654
Part B.--Federal Mandates
658. Definitions........................... 655
658a. Exclusions............................ 656
658b. Duties of congressional committees.... 657
658c. Duties of the Director; statements on
bills and joint resolutions other
than appropriations bills and
joint resolutions................. 658
658d. Legislation subject to point of order. 659
658e. Provisions relating to the House of
Representatives................... 660
658f. Requests to the Congressional Budget
Office from Senators.............. 661
658g. Clarification of application.......... 662
subchapter iii.--credit reform
661. Purposes.............................. 663
661a. Definitions........................... 664
661b. OMB and CBO analysis, coordination,
and review........................ 665
661c. Budgetary treatment................... 666
661d. Authorizations........................ 667
661e. Treatment of deposit insurance and
agencies and other insurance
programs.......................... 668
661f. Effect on other laws.................. 669
Chapter 17B.--Impoundment Control and Line Item Veto
subchapter i.--general provisions
681. Disclaimer............................ 676
subchapter ii.--congressional consideration of proposed
rescissions, reservations, and deferrals of budget authority
682. Definitions........................... 677
683. Rescission of budget authority........ 678
684. Proposed deferrals of budget authority 679
685. Transmission of messages; publication. 680
686. Reports by Comptroller General........ 681
687. Suits by Comptroller General.......... 682
688. Procedure in House of Representatives
and Senate........................ 683
[[Page 245]]
subchapter iii.--line item veto [omitted]
Chapter 19.--Congressional Award Program
subchapter i.--congressional award program
801. Establishment, etc., of Congressional
Award Board....................... 685
802. Program............................... 686
803. Board organization.................... 687
804. Administration........................ 688
805. Regional award directors of program;
appointment criteria.............. 689
806. Powers, functions, and limitations.... 690
807. Audits and evaluation................. 691
808. Termination........................... 692
subchapter ii.--congressional recognition for excellence in
arts education
811. Findings.............................. 693
812. Definitions........................... 694
813. Establishment of Board................ 695
814. Board duties.......................... 696
815. Composition of board; advisory board.. 697
816. Administration........................ 698
817. Limitations........................... 699
817a. Audits................................ 700
817b. Termination........................... 701
817c. Trust fund............................ 702
Chapter 19A.--John Heinz Competitive Excellence Award
831. John Heinz Competitive Excellence
Award............................. 703
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 704
901. Enforcing discretionary spending
limits............................ 705
902. Enforcing pay-as-you-go............... 707
903. Enforcing deficit targets............. 708
904. Reports and orders.................... 709
905. Exempt programs and activities........ 710
906. General and special sequestration
rules............................. 711
907. The baseline.......................... 712
907a. Suspension in event of war or low
growth............................ 713
907b. Modification of Presidential order.... 714
907c. Flexibility among defense programs,
projects, and activities.......... 715
907d. Special reconciliation process........ 716
subchapter ii.--operation and review
922. Judicial review....................... 719
Chapter 22.--John C. Stennis Center for Public Service
Training and Development
1101. Congressional findings................ 720
[[Page 246]]
1102. Definitions........................... 721
1103. Establishment of the John C. Stennis
Center for Public Service Training
and Development................... 722
1104. Purposes and authority of the Center.. 723
1105. John C. Stennis Center for Public
Service Development Trust Fund.... 724
1106. Expenditures and audit of Trust Fund.. 725
1107. Executive Director of Center.......... 726
1108. Administrative provisions............. 727
1109. Authorization for appropriations...... 728
1110. Appropriations........................ 729
Chapter 22A.--Center for Russian Leadership Development
1151. Open World Leadership Center.......... 730
Chapter 22B.--Hunger Fellowship Program
1161. Hunger Fellowship Program............. 731
Chapter 24.--Congressional Accountability
subchapter i.--general
1301. Definitions........................... 732
1302. Application of laws................... 733
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.......... 734
1312. Rights and protections under the
Family and Medical Leave Act of
1993.............................. 735
1313. Rights and protections under the Fair
Labor Standards Act of 1938....... 736
1314. Rights and protections under the
Employee Polygraph Protection Act
of 1988........................... 737
1315. Rights and protections under the
Worker Adjustment and Retraining
Notification Act.................. 738
1316. Rights and protections relating to
veterans' employment and
reemployment...................... 739
1316a. Legislative branch appointments....... 740
1317. Prohibition of intimidation or
reprisal.......................... 741
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.............. 742
[[Page 247]]
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........................ 743
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.......... 744
Part E.--General
1361. Generally applicable remedies and
limitations....................... 745
Part F.--Study
1371. Study and recommendations regarding
Government Accountability Office,
Government Printing Office, and
Library of Congress............... 746
subchapter iii.--office of compliance
1381. Establishment of Office of Compliance. 747
1382. Officers, staff, and other personnel.. 748
1383. Procedural rules...................... 749
1384. Substantive regulations............... 750
1385. Expenses.............................. 751
subchapter iv.--administrative and judicial dispute-
resolution procedures
1401. Procedure for consideration of alleged
violations........................ 752
1402. Counseling............................ 753
1403. Mediation............................. 754
1404. Election of proceeding................ 755
1405. Complaint and hearing................. 756
1406. Appeal to the Board................... 757
1407. Judicial review of Board decisions and
enforcement....................... 758
1408. Civil action.......................... 759
1409. Judicial review of regulations........ 760
1410. Other judicial review prohibited...... 761
1411. Effect of failure to issue regulations 762
1412. Expedited review of certain appeals... 763
1413. Privileges and immunities............. 764
1414. Settlement of complaints.............. 765
1415. Payments.............................. 766
1416. Confidentiality....................... 767
subchapter v.--miscellaneous provisions
1431. Exercise of rulemaking powers......... 768
1432. Political affiliation and place of
residence......................... 769
1433. Nondiscrimination rules of the House
and Senate........................ 770
1434. Judicial branch coverage study........ 771
1435. Savings provisions.................... 772
1437. Sense of Senate regarding adoption of
simplified and streamlined
acquisition procedures for Senate
acquisitions...................... 774
1438. Severability.......................... 775
[[Page 248]]
Chapter 25.--Unfunded Mandates Reform
1501. Purposes.............................. 776
1502. Definitions........................... 777
1503. Exclusions............................ 778
1504. Agency assistance..................... 779
subchapter i.--legislative accountability and reform
1511. Cost of regulations................... 780
1512. Consideration for Federal funding..... 781
1513. Impact on local governments........... 782
1514. Enforcement in the House of
Representatives................... 783
1515. Exercise of rulemaking powers......... 784
1516. Authorization of appropriations....... 785
subchapter ii.--regulatory accountability and reform
1531. Regulatory process.................... 786
1532. Statements to accompany significant
regulatory actions................ 787
1533. Small government agency plan.......... 788
1534. State, local, and tribal government
input............................. 789
1535. Least burdensome option or explanation
required.......................... 790
1536. Assistance to the Congressional Budget
Office............................ 791
1537. Pilot program on small government
flexibility....................... 792
1538. Annual statements to Congress on
agency compliance................. 793
subchapter iii.--review of federal mandates
1551. Baseline study of costs and benefits.. 794
1552. Report on Federal mandates by Advisory
Commission on Intergovernmental
Relations......................... 795
1553. Special authorities of Advisory
Commission........................ 796
1554. Annual report to Congress regarding
Federal court rulings............. 797
1555. Definition............................ 798
1556. Authorization of appropriations....... 799
subchapter iv.--judicial review
1571. Judicial review....................... 800
Chapter 26.--Disclosure of Lobbying Activities
1601. Findings.............................. 801
1602. Definitions........................... 802
1603. Registration of lobbyists............. 803
1604. Reports by registered lobbyists....... 804
1605. Disclosure and enforcement............ 805
1606. Penalties............................. 806
1607. Rules of construction................. 807
1608. Severability.......................... 808
1609. Identification of clients and covered
officials......................... 809
1610. Estimates based on tax reporting
system............................ 810
1611. Exempt organizations.................. 811
1612. Sense of the Senate that lobbying
expenses should remain
nondeductible..................... 812
[[Page 249]]
1613. Prohibition on provision of gifts or
travel by registered lobbyists to
Members of Congress and to
congressional employees........... 813
1614. Annual audits and reports by
Comptroller General............... 814
Chapter 28.--Architect of the Capitol
subchapter i.--general
1801. Appointment of Architect of the
Capitol........................... 815
1802. Compensation of Architect of the
Capitol........................... 816
1803. Delegation of authority by Architect
of the Capitol.................... 817
1804. Deputy Architect of the Capitol to act
in case of absence, disability, or
vacancy........................... 818
1805. Deputy Architect of the Capitol/Chief
Operating Officer................. 819
1806. Chief Executive Officer for Visitor
Services.......................... 820
1807. Assistant to the Chief Executive
Officer for Visitor Services...... 821
1808. Inspector General of the Architect of
the Capitol....................... 822
subchapter ii.--powers and duties
1811. Powers and duties..................... 823
1812. Care and superintendence of Capitol... 824
1813. Exterior of Capitol................... 825
1814. Repairs of Capitol.................... 826
1816. Construction contracts................ 827
1816a. Design-build contracts................ 828
1817. Transfer of discontinued apparatus to
other branches.................... 829
1818. Rental or lease of storage space...... 830
1819. Computer backup facilities for
legislative offices............... 831
1820. Acquisition of real property for
Capitol Police.................... 832
1821. Small purchase contracting authority.. 833
1822. Leasing of space...................... 834
1823. Acquisition of real property for
Sergeant at Arms and Doorkeeper of
Senate............................ 835
1824. Energy and environmental measures in
Capitol Complex Master Plan....... 836
1825. CVC maintenance....................... 837
1826. Easements for rights-of-way........... 838
subchapter iii.--personnel
Part A.--General
1831. Human resources program............... 839
1832. Assignment and reassignment of
personnel by Architect of the
Capitol for personal services..... 840
1834. Heating and ventilating Senate wing... 841
Part B.--Compensation
1841. Single per annum gross rates of pay... 842
1846. Exemptions............................ 843
[[Page 250]]
1847. Authorization to fix basic rate of
compensation for certain positions 844
1848. Compensation of certain positions in
Office of Architect of the Capitol 845
1849. Compensation of certain positions
under jurisdiction of Architect of
Capitol........................... 846
1850. Compensation of registered nurses..... 847
subchapter iv.--appropriations and expenditures
1861. Appropriations under control of
Architect of the Capitol.......... 848
1862. Transfer of funds..................... 849
1865. Capitol Police Buildings and Grounds
account........................... 850
1866. Certification of vouchers............. 851
1868. Semiannual compilation and report of
expenditures...................... 852
1869. Advance payments...................... 853
Chapter 29.--Capitol Police
subchapter i.--organization and administration
Part A.--General
1901. Establishment; officer appointments... 854
1903. Chief Administrative Officer.......... 855
1906. Disposal of surplus property.......... 856
1908. Legal representation authority........ 857
1909. Inspector General for the United
States Capitol Police............. 858
1910. Report of disbursements............... 859
Part B.--Compensation and Other Personnel Matters
1922. Unified payroll administration........ 861
1925. Emergency duty overtime pay from funds
disbursed by Secretary of the
Senate............................ 862
1926. Educational assistance program for
employees......................... 863
1927. Bonuses, retention allowances, and
additional compensation........... 864
1928. Suspension............................ 865
1929. Pay of members under suspension....... 866
1930. Applicable pay upon appointment....... 867
1931. Additional compensation for employees
with specialty assignments and
proficiencies..................... 868
1932. Application of premium pay limits on
annualized basis.................. 869
Part C.--Uniforms and Arms
1941. Uniform............................... 870
1943. Uniform; at whose expense............. 871
1944. Wearing uniform on duty............... 872
Part D.--United States Capitol Police Memorial Fund
1951. Establishment of United States Capitol
Police Memorial Fund.............. 873
[[Page 251]]
1952. Payments from Fund for Families of
Detective Gibson and Private First
Class Chestnut.................... 874
1954. Administration by Capitol Police Board 875
subchapter ii.--powers and duties
1961. Policing of Capitol buildings and
grounds........................... 876
1962. Detail of police...................... 877
1963. Protection of grounds................. 878
1966. Protection of Members of Congress,
officers of Congress, and members
of their families................. 879
1967. Law enforcement authority............. 880
1969. Regulation of traffic by Capitol
Police Board...................... 881
1970. Assistance by Executive departments
and agencies...................... 882
1971. Contributions of meals and
refreshments during emergency duty 883
1972. Contributions of comfort and
incidental items and services
during emergency duty............. 884
1973. Support and maintenance expenditures
during emergency duty............. 885
1974. Capitol Police special officers....... 886
1975. Overseas travel....................... 887
1976. Acceptance of donations of animals.... 888
1977. Settlement and payment of tort claims. 889
1978. Deployment outside of jurisdiction.... 890
1979. Release of security information....... 891
1980. Mounted horse unit.................... 892
1981. Advance payments...................... 893
Chapter 30.--Operation and Maintenance of Capitol Complex
subchapter ii.--senate
2021. Additional Senate office building..... 894
2022. Acquisition of buildings and
facilities for use in emergency
situation......................... 895
2023. Control, care, and supervision of
Senate Office Building............ 896
2024. Assignment of space in Senate Office
Building.......................... 897
2025. Senate garage......................... 898
subchapter iii.--restaurants
2042. Senate Restaurants; management by
Architect of the Capitol.......... 899
2043. Authorization and direction to
effectuate purposes of sections
2042 to 2047 of this title........ 900
2044. Special deposit account............... 901
2045. Deposits and disbursements under
special deposit account........... 902
2046. Bond of Architect, Assistant
Architect, and other employees.... 903
2047. Supersedure of prior provisions for
maintenance and operation of
Senate Restaurants................ 904
[[Page 252]]
2048. Management personnel and miscellaneous
expenses; availability of
appropriations; annual and sick
leave............................. 905
2049. Loans for Senate Restaurants.......... 906
subchapter iv.--child care
2061. Designation of play area on Capitol
Grounds for children attending day
care center....................... 907
2063. Senate Employee Child Care Center..... 908
2064. Senate Employee Child Care Center
employee benefits................. 909
2065. Reimbursement of Senate day care
center employees.................. 910
subchapter v.--historical preservation and fine arts
Part A.--United States Capitol Preservation Commission
2081. United States Capitol Preservation
Commission........................ 911
2082. Authority of Commission to accept
gifts and conduct other
transactions relating to works of
fine art and other property....... 912
2083. Capitol Preservation Fund............. 913
2084. Audits by the Comptroller General..... 914
2085. Advisory boards....................... 915
2086. Definition............................ 916
Part B.--Senate Commission on Art
2101. Senate Commission on Art.............. 917
2102. Duties of Commission.................. 918
2103. Supervision and maintenance of Old
Senate Chamber.................... 919
2104. Publication of lists of works of art,
historical objects, and exhibits.. 920
2105. Authorization of appropriations....... 921
2107. Conservation, restoration,
replication, or replacement of
items in United States Senate
collection........................ 923
2108. Provisions relating to Senate
Commission on Art................. 924
Part D.--Miscellaneous
2131. National Statuary Hall................ 925
2131a. Eligibility for placement of statues
in National Statuary Hall......... 926
2132. Replacement of Statue in Statuary Hall 927
2133. Acceptance and supervision of works of
fine arts......................... 928
2134. Art exhibits.......................... 929
2135. Private studios and works of art...... 930
subchapter vi.--botanic garden and national garden
2141. Supervision of Botanic Garden......... 931
2142. Superintendent, etc., of Botanic
Garden and greenhouses............ 932
2145. Restriction on use of appropriation
for Botanic Garden................ 933
2146. National Garden....................... 934
[[Page 253]]
subchapter vii.--other entities and services
2161. John W. McCormack Residential Page
School............................ 935
2162a. Promoting maximum efficiency in
operation of Capitol Power Plant.. 936
2163. Capitol Grounds shuttle service....... 937
2165. Capitol educational and informational
center and information and
distribution stations; operation
agreements........................ 938
2166. Capitol Guide Service................. 939
subchapter viii.--miscellaneous
2181. Assignment of space for meetings of
joint committees, conference
committees, etc................... 940
2183. Protection of buildings and property.. 941
2184. Purchase of furniture or carpets for
House or Senate................... 942
TITLE 3.--THE PRESIDENT
Chapter 1.--Presidential Elections and Vacancies
1. Time of appointing electors........... 960
2. Failure to make choice on prescribed
day............................... 961
3. Number of electors.................... 962
4. Vacancies in electoral college........ 963
5. Determination of controversy as to
appointment of electors........... 964
6. Credentials of electors; transmission
to Archivist of the United States
and to Congress; public inspection 965
7. Meeting and vote of electors.......... 966
8. Manner of voting...................... 967
9. Certificates of votes for President
and Vice President................ 968
10. Sealing and endorsing certificates.... 969
11. Disposition of certificates........... 970
12. Failure of certificates of electors to
reach President of Senate or
Archivist of the United States;
demand on State for certificate... 971
13. Same; demand on district judge for
certificate....................... 972
14. Forfeiture for messenger's neglect of
duty.............................. 973
15. Counting electoral votes in Congress.. 974
16. Same; seats for officers and Members
of two Houses in joint meeting.... 975
17. Same; limit of debate in each House... 976
18. Same; parliamentary procedure at joint
meeting........................... 977
19. Vacancy in offices of both President
and Vice President; officers
eligible to act................... 978
20. Resignation or refusal of office...... 979
21. Definitions........................... 980
Chapter 2.--Office and Compensation of President
101. Commencement of term of office........ 981
104. Salary of the Vice President.......... 982
111. Expense allowance of Vice President... 983
[[Page 254]]
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............. 985
TITLE 5.--GOVERNMENT ORGANIZATION AND EMPLOYEES
Chapter 8.--Congressional Review of Agency Rulemaking
801. Congressional review.................. 990
802. Congressional disapproval procedure... 991
803. Special rule on statutory, regulatory,
and judicial deadlines............ 992
804. Definitions........................... 993
805. Judicial review....................... 994
806. Applicability; severability........... 995
807. Exemption for monetary policy......... 996
808. Effective date of certain rules....... 997
Chapter 29.--Commissions, Oaths, Records, and Reports
subchapter i.--commissions, oaths, and records
2905. Oath; renewal......................... 998
subchapter ii.--reports
2954. Information to committees of Congress
on request........................ 999
Chapter 31.--Authority For Employment
3110. Employment of relatives; restrictions. 1000
Chapter 33.--Examination, Selection, and Placement
subchapter ii.--oath of office
3333. Employee affidavit; loyalty and
striking against the Government... 1001
Chapter 55.--Pay Administration
subchapter i.--general provisions
5503. Recess appointments................... 1002
subchapter iv.--dual pay and dual employment
5531. Definitions........................... 1003
5533. Dual pay from more than one position;
limitations; exceptions........... 1005
Chapter 57.--Travel, Transportation, and Subsistence
subchapter i.--travel and subsistence expenses, mileage
allowances
5702. Per diem; employees traveling on
official business................. 1006
5704. Mileage and related allowances........ 1007
5706. Allowable travel expenses............. 1008
5708. Effect on other statutes.............. 1009
[[Page 255]]
subchapter iii.--transportation of remains, dependents, and
effects
5742. Transportation of remains, dependents,
and effects; death occurring away
from official station or abroad... 1010
Chapter 73.--Suitability, Security, and Conduct
subchapter ii.--employment limitations
7311. Loyalty and striking.................. 1011
subchapter iv.--foreign gifts and decorations
7342. Receipt and disposition of foreign
gifts and decorations............. 1012
Chapter 81.--Compensation for Work
Injuries.......................... 1013
(Not included. See 5 U.S.C. 8101-8152.)
Chapters 83 and 84.--Retirement....... 1014
(Not included. See 5 U.S.C. 8331-8351; 8401-8479.)
Chapter 87.--Life Insurance........... 1015
(Not included. See 5 U.S.C. 8701-8716.)
Chapter 89.--Health Insurance......... 1016
(Not included. See 5 U.S.C. 8901-8914.)
TITLE 5.--Appendix
Federal Advisory Committee Act........ 1017
TITLE 5.--Appendix
Ethics in Government Act of 1978
Title I--Financial Disclosure Requirements of Federal
Personnel
101. Persons required to file.............. 1018
102. Contents of reports................... 1019
103. Filing of reports..................... 1020
104. Failure to file or filing false
reports........................... 1021
105. Custody of and public access to
reports........................... 1022
106. Review of reports..................... 1023
107. Confidential reports and other
additional requirements........... 1024
108. Authority of Comptroller General...... 1025
109. Definitions........................... 1026
110. Notice of actions taken to comply with
ethics agreements................. 1027
111. Administration of provisions.......... 1028
Title V--Government-wide Limitations on Outside Earned
Income and Employment
501. Outside earned income limitation...... 1030
502. Limitations on outside employment..... 1031
[[Page 256]]
503. Administration........................ 1032
504. Civil penalties....................... 1033
505. Definitions........................... 1034
TITLE 10.--ARMED FORCES
Chapter 2.--Department of Defense
114. Annual authorization of appropriations 1040
115. Personnel strengths: requirement for
annual authorization.............. 1041
115a. Annual manpower requirements report... 1042
116. Annual operations and maintenance
report............................ 1043
119. Special access programs: congressional
oversight......................... 1044
Chapter 9.--Defense Budget Matters
221. Future-years defense program:
submission to Congress;
consistency in budgeting.......... 1045
222. Future-years mission budget........... 1046
226. Scoring of outlays.................... 1047
Chapter 403.--United States Military Academy
4342. Cadets: appointment; numbers,
territorial distribution.......... 1048
4355. Board of Visitors..................... 1049
Chapter 443.--Disposal of Obsolete or Surplus Material
4689. Transfer of material and equipment to
Architect of the Capitol.......... 1050
Chapter 603.--United States Naval Academy
6954. Midshipmen: number.................... 1051
6956. Midshipmen: nomination and selection
to fill vacancies................. 1052
6968. Board of Visitors.................... 1053
Chapter 903.--United States Air Force Academy
9342. Cadets: appointment; numbers,
territorial distribution.......... 1054
9355. Board of Visitors..................... 1055
Chapter 1013.--Budget Information and Annual Reports to
Congress
10541. National Guard and reserve component
equipment; annual report to
Congress.......................... 1056
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....... 1060
[[Page 257]]
TITLE 14.--COAST GUARD
Chapter 9.--Coast Guard Academy
194. Annual Board of Visitors.............. 1061
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........... 1065
1024. Joint Economic Committee.............. 1066
1025. Printing of monthly publication by
Joint Economic Committee entitled
``Economic Indicators'';
distribution...................... 1067
TITLE 18.--CRIMES AND CRIMINAL PROCEDURE
Chapter 11.--Bribery, Graft, and Conflicts of Interest
201. Bribery of public officials and
witnesses......................... 1070
202. Definitions........................... 1071
203. Compensation to Members of Congress,
officers, and others in matters
affecting the Government.......... 1072
204. Practice in U.S. Court of Federal
Claims or U.S. Court of Appeals
for the Federal Circuit by Members
of Congress....................... 1073
205. Activities of officers and employees
in claims against and other
matters affecting the Government.. 1074
207. Restrictions on former officers,
employees, and elected officials
of the executive and legislative
branches.......................... 1075
210. Offer to procure appointive public
office............................ 1076
211. Acceptance or solicitation to obtain
appointive public office.......... 1077
219. Officers and employees acting as
agents of foreign principals...... 1078
Chapter 18.--Congressional, Cabinet, and Supreme Court
Assassination, Kidnapping, and Assault
351. Congressional, Cabinet, and Supreme
Court assassination, kidnapping,
and assault; penalties............ 1079
Chapter 23.--Contracts
431. Contracts by Member of Congress....... 1080
432. Officer or employee contracting with
Member of Congress................ 1081
433. Exemptions with respect to certain
contracts......................... 1082
Chapter 29.--Elections and Political Activities
594. Intimidation of voters................ 1084
595. Interference by administrative
employees of Federal, State, or
Territorial Governments........... 1085
[[Page 258]]
597. Expenditures to influence voting...... 1086
598. Coercion by means of relief
appropriations.................... 1087
599. Promise of appointment by candidate... 1088
600. Promise of employment or other benefit
for political activity............ 1089
601. Deprivation of employment or other
benefit for political contribution 1090
602. Solicitation of political
contributions..................... 1091
603. Making political contributions........ 1092
604. Solicitation from persons on relief... 1093
605. Disclosure of names of persons on
relief............................ 1094
606. Intimidation to secure political
contributions..................... 1095
607. Place of solicitation................. 1096
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.......................... 1097
Chapter 37.--Espionage and Censorship
798. Disclosure of classified information.. 1098
Chapter 73.--Obstruction of Justice
1505. Obstruction of proceedings before
departments, agencies, and
committees........................ 1099
Chapter 83.--Postal Service
1719. Franking privilege.................... 1100
Chapter 93.--Public Officers and Employees
1906. Disclosure of information from a bank
examination report................ 1101
1913. Lobbying with appropriated moneys..... 1102
1918. Disloyalty and asserting the right to
strike against the Government..... 1103
Part V.--Immunity of Witnesses
6001. Definitions........................... 1104
6002. Immunity generally.................... 1105
6005. Congressional proceedings............. 1106
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.......... 1110
[[Page 259]]
2192. Resolutions disapproving certain
actions........................... 1111
2193. Resolutions relating to extension of
waiver authority under section 402
of the Trade Act of 1974.......... 1112
2194. Special rules relating to
Congressional procedures.......... 1113
Part 6.--Congressional Liaison and Reports
2211. Congressional advisers for trade
policy and negotiations........... 1114
2212. Transmission of agreements to Congress 1115
2213. Reports............................... 1116
Part 8.--Identification of Market Barriers and Certain
Unfair Trade Actions
2241. Estimates of barriers to market access 1117
Chapter 22.--Uruguay Round Trade Agreements
3534. Annual report on WTO.................. 1118
3535. Review of participation in WTO........ 1119
Chapter 24.--Bipartisan Trade Promotion Authority
3803. Trade agreements authority............ 1120
3804. Consultations and assessment.......... 1121
3805. Implementation of trade agreements.... 1122
3806. Treatment of certain trade agreements
for which negotiations have
already begun..................... 1123
3807. Congressional oversight group......... 1124
3808. Additional implementation and
enforcement requirements.......... 1125
3811. Report on impact of trade promotion
authority......................... 1126
TITLE 20.--EDUCATION
Chapter 3.--Smithsonian Institution, National Museums and
Art Galleries
42. Board of Regents; Members............. 1130
43. Appointment of regents; terms of
office; vacancies................. 1131
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........................ 1135
subchapter i--canada-united states interparliamentary group
276d. United States group; appointment;
term; meeting..................... 1136
276e. Authorization of appropriations;
disbursements..................... 1137
subchapter ii--mexico-united states interparliamentary group
276h. United States group; appointment;
term; meeting..................... 1138
276i. Authorization of appropriations;
disbursements..................... 1139
276l. British-American Interparliamentary
Group............................. 1140
[[Page 260]]
276m. United States Delegation to
Parliamentary Assembly of
Conference on Security and
Cooperation in Europe (CSCE)...... 1141
Chapter 24.--Mutual Security Program
1754. Foreign currencies.................... 1142
1928a. North Atlantic Treaty Parliamentary
Conference; participation;
appointment of United States Group 1143
1928b. Authorization of appropriations....... 1144
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............ 1145
Part VI.--Itemized Deductions for Individuals and
Corporations
162. Trade or business expenses............ 1146
subchapter f.--exempt organizations
Part VI.--Political Organizations
527. Political organizations............... 1147
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......... 1148
subchapter p.--capital gains and losses
Part III.--General Rules for Determining Capital Gains and
Losses
1221. Capital asset defined................. 1149
Subtitle F.--Procedure and Administration
Chapter 61.--Information and Returns
subchapter a.--returns and records
6033. Returns by exempt organizations....... 1150
subchapter b.--miscellaneous provisions
6103. Confidentiality and disclosure of
returns and return information.... 1151
6104. Publicity of information required from
certain exempt organizations and
certain trusts.................... 1152
[[Page 261]]
Chapter 78.--Discovery of Liability and Enforcement of Title
subchapter a.--examination and inspection
7608. Authority of internal revenue
enforcement officers.............. 1153
Chapter 79.--Definitions
7701. Definitions........................... 1154
Chapter 80.--General Rules
subchapter a.--application of internal revenue laws
7802. Internal Revenue Service Oversight
Board............................. 1155
7803. Commissioner of Internal Revenue;
other officials................... 1156
7805. Rules and regulations................. 1157
Subtitle G.--The Joint Committee on Taxation
Chapter 91.--Organization and Membership of the Joint
Committee
8001. Authorization......................... 1158
8002. Membership............................ 1159
8003. Election of chairman and vice chairman 1160
8004. Appointment and compensation of staff. 1161
8005. Payment of expenses................... 1162
Chapter 92.--Powers and Duties of the Joint Committee
8021. Powers................................ 1163
8022. Duties................................ 1164
8023. Additional powers to obtain data...... 1165
Subtitle H.--Financing of Presidential Election Campaigns
Chapter 95.--Presidential Election Campaign Fund
9009. Reports to Congress; regulations...... 1166
Chapter 96.--Presidential Primary Matching Payment Account
9039. Reports to Congress; regulations...... 1167
Subtitle I.--Trust Fund Code
Chapter 98.--Trust Fund Code
subchapter b.--general provisions
9602. Management of Trust Funds............. 1168
TITLE 28.--JUDICIARY AND JUDICIAL PROCEDURE
Chapter 85.--District Courts; Jurisdiction
1365. Senate actions........................ 1170
Chapter 91.--United States Court of Federal Claims
1492. Congressional reference cases......... 1171
Chapter 115.--Evidence; Documentary
1736. Congressional Journals................ 1172
Chapter 165.--United States Court of Federal Claims
Procedure
2509. Congressional reference cases......... 1174
[[Page 262]]
TITLE 31.--MONEY AND FINANCE
Chapter 7.--General Accounting Office
701. Definitions........................... 1180
712. Investigating the use of public money. 1181
717. Evaluating programs and activities of
the United States Government...... 1182
718. Availability of draft reports......... 1183
719. Comptroller General reports........... 1184
720. Agency reports........................ 1185
734. Assignments and details to Congress... 1186
Chapter 11.--The Budget and Fiscal, Budget, and Program
Information
1101. Definitions........................... 1187
1102. Fiscal year........................... 1188
1103. Budget ceiling........................ 1189
1104. Budget and appropriations authority of
the President..................... 1190
1105. Budget contents and submission to
Congress.......................... 1191
1106. Supplemental budget estimates and
changes........................... 1192
1107. Deficiency and supplemental
appropriations.................... 1193
1108. Preparation and submission of
appropriations requests to the
President......................... 1194
1109. Current programs and activities
estimates......................... 1195
1110. Year-ahead requests for authorizing
legislation....................... 1196
1111. Improving economy and efficiency...... 1197
1112. Fiscal, budget, and program
information....................... 1198
1113. Congressional information............. 1199
Chapter 33.--Depositing, Keeping, and Paying Money
subchapter 2.--payments
3332. Required direct deposit............... 1201
TITLE 39.--POSTAL SERVICE
Part IV.--Mail Matter
Chapter 32.--Penalty and Franked Mail
3201. Definitions........................... 1205
3210. Franked mail transmitted by the Vice
President, Members of Congress,
and congressional officials....... 1206
3211. Public documents...................... 1207
3212. Congressional Record under frank of
Members of Congress............... 1208
3213. Seeds and reports from Department of
Agriculture....................... 1209
3215. Lending or permitting use of frank
unlawful.......................... 1210
3216. Reimbursement for franked mailings.... 1211
3218. Franked mail for survivors of Members
of Congress....................... 1212
3219. Mailgrams............................. 1213
[[Page 263]]
...... Domestic Mail Manual Provisions
Relating to the Congressional
franking privilege................ 1215
TITLE 40.--PUBLIC BUILDINGS, PROPERTY, AND WORKS
Subtitle II.--Public Buildings and Works
Part B.--United States Capitol
Chapter 51.--United States Capitol Buildings and Grounds
5101. Definition............................ 1216
5102. Legal description and jurisdiction of
United States Capitol Grounds..... 1217
5103. Restrictions on public use of United
States Capitol Grounds............ 1218
5104. Unlawful activities................... 1219
5105. Assistance to authorities by Capitol
employees......................... 1220
5106. Suspension of prohibitions............ 1221
5107. Concerts on grounds................... 1222
5108. Audit of private organizations........ 1223
5109. Penalties............................. 1224
Part C.--Federal Building Complexes
Chapter 65.--Thurgood Marshall Federal Judiciary Building
6501. Definition............................ 1225
6502. Thurgood Marshall Federal Judiciary
Building.......................... 1226
6503. Commission for the Judiciary Office
Building.......................... 1227
6504. Lease of building..................... 1228
6505. Structural and mechanical care and
security.......................... 1229
6506. Allocation of space................... 1230
6507. Account in Treasury................... 1231
Chapter 89.--National Capital Memorials and Commemorative
Works
8901. Purposes.............................. 1232
8902. Definitions and nonapplication........ 1233
8903. Congressional authorization of
commemorative works............... 1234
8904. National Capital Memorial Advisory
Commission........................ 1235
8905. Site and design approval.............. 1236
8906. Criteria for issuance of construction
permit............................ 1237
8907. Temporary site designation............ 1238
8908 Areas I and II........................ 1239
8909. Administrative........................ 1240
TITLE 41.--PUBLIC CONTRACTS
Chapter 1.--General Provisions
6a-1. Architect of the Capitol, exception
from advertisement requirements... 1245
6a-2. Architect of the Capitol, authority
for personal services contracts
with legal entities............... 1246
22. Interest of Member of Congress........ 1247
[[Page 264]]
TITLE 42.--THE PUBLIC HEALTH AND WELFARE
Chapter 126.--Equal Opportunity for Individuals with
Disabilities
12209. Instrumentalities of Congress......... 1250
TITLE 44.--PUBLIC PRINTING AND DOCUMENTS
Chapter 1.--Joint Committee on Printing
101. Joint Committee on Printing:
membership........................ 1255
102. Joint Committee on Printing:
succession; powers during recess.. 1256
103. Joint Committee on Printing: remedial
powers............................ 1257
Chapter 3.--Government Printing Office
301. Public Printer: appointment........... 1258
302. Deputy Public Printer: appointment;
duties............................ 1259
303. Public Printer and Deputy Public
Printer: pay...................... 1260
304. Public Printer: vacancy in office..... 1261
305. Public Printer: employees; pay........ 1262
Chapter 5.--Production and Procurement of Printing and
Binding
501. Government printing, binding, and
blank-book work to be done at
Government Printing Office........ 1263
502. Procurement of printing, binding, and
blank-book work by Public Printer. 1264
506. Time for printing documents or reports
which include illustrations or
maps.............................. 1265
507. Orders for printing to be acted upon
within one year................... 1266
508. Annual estimates of quantity of paper
required for public printing and
binding........................... 1267
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...................... 1268
702. Extra copies of documents and reports. 1269
703. Printing extra copies................. 1270
704. Reprinting bills, laws, and reports
from committees not exceeding
fifty pages....................... 1271
705. Duplicate orders to print............. 1272
706. Bills and resolutions: number and
distribution...................... 1273
707. Bills and resolutions: style and form. 1274
708. Bills and resolutions: binding sets
for Congress...................... 1275
709. Public and private laws, postal
conventions, and treaties......... 1276
711. Printing Acts, joint resolutions, and
treaties.......................... 1277
713. Journals of Houses of Congress........ 1278
[[Page 265]]
714. Printing documents for Congress in two
or more editions; printing of full
number and allotment of full quota 1279
715. Senate and House documents and reports
for Department of State........... 1280
716. Printing of documents not provided for
by law............................ 1281
717. Appropriation chargeable for printing
of document or report by order of
Congress.......................... 1282
718. Lapse of authority to print........... 1283
719. Classification and numbering of
publications ordered printed by
Congress; designation of
publications of departments;
printing of committee hearings.... 1284
720. Senate and House Manuals.............. 1285
721. Congressional Directory............... 1286
722. Congressional Directory: sale......... 1287
723. Memorial addresses: preparation;
distribution...................... 1288
724. Memorial addresses: illustrations..... 1289
725. Statement of appropriations; ``usual
number''.......................... 1290
726. Printing for committees of Congress... 1291
727. Committee reports: indexing and
binding........................... 1292
728. United States Statutes at Large:
distribution...................... 1293
730. Distribution of documents to Members
of Congress....................... 1294
731. Allotments of public documents printed
after expiration of terms of
Members of Congress; rights of
retiring Members to documents..... 1295
732. Time for distribution of documents by
Members of Congress extended...... 1296
733. Documents and reports ordered by
Members of Congress; franks and
envelopes for Members of Congress. 1297
734. Stationery and blank books for
Congress.......................... 1298
735. Binding for Senators.................. 1299
736. Binding at expense of Members of
Congress.......................... 1300
737. Binding for Senate library............ 1301
738. Binding of publications for
distribution to libraries......... 1302
739. Senate and House document rooms;
superintendents................... 1303
740. Senate Service Department and House
Publications Distribution Service;
superintendents................... 1304
741. Disposition of documents stored at
Capitol........................... 1305
Chapter 9.--Congressional Record
901. Congressional Record: arrangement,
style, contents, and indexes...... 1306
902. Congressional Record: indexes......... 1307
903. Congressional Record: daily and
permanent forms................... 1308
904. Congressional Record: maps; diagrams;
illustrations..................... 1309
905. Congressional Record: additional
insertions........................ 1310
[[Page 266]]
906. Congressional Record: gratuitous
copies; delivery.................. 1311
907. Congressional Record: extracts for
Members of Congress; mailing
envelopes......................... 1312
908. Congressional Record: payment for
printing extracts or other
documents......................... 1313
910. Congressional Record: subscriptions;
sale of current, individual
numbers, and bound sets; postage
rate.............................. 1314
Chapter 11.--Executive and Judiciary Printing and Binding
1104. Restrictions on use of illustrations.. 1315
Chapter 13.--Particular Reports and Documents
1301. Agriculture, Department of: report of
Secretary......................... 1316
1326. Librarian of Congress: reports........ 1317
1339. Printing of the President's message... 1318
Chapter 17.--Distribution and Sale of Public Documents
1705. Printing additional copies for sale to
public; regulations............... 1319
1706. Printing and sale of extra copies of
documents......................... 1320
1710. Index of documents: number and
distribution...................... 1321
1715. Publications for department or officer
or for congressional committees... 1322
1718. Distribution of Government
publications to the Library of
Congress.......................... 1323
1719. International exchange of Government
publications...................... 1324
Chapter 19.--Depository Library Program
1901. Definition of Government publication.. 1325
1902. Availability of Government
publications through
Superintendent of Documents; lists
of publications not ordered from
Government Printing Office........ 1326
1903. Distribution of publications to
depositories; notice to Government
components; cost of printing and
binding........................... 1327
1904. Classified list of Government
publications for selection by
depositories...................... 1328
1905. Distribution to depositories;
designation of additional
libraries; justification;
authorization for certain
designations...................... 1329
1906. Land-grant colleges constituted
depositories...................... 1330
1909. Requirements of depository libraries;
reports on conditions;
investigations; termination;
replacement....................... 1331
1910. Designations of replacement
depositories; limitations on
numbers; conditions............... 1332
1912. Regional depositories; designation;
functions; disposal of
publications...................... 1333
1914. Implementation of depository library
program by Public Printer......... 1334
[[Page 267]]
1915. Highest State appellate court
libraries as depository libraries. 1335
1916. Designation of libraries of accredited
law schools as depository
libraries......................... 1336
Chapter 21.--National Archives and Records Administration
2112. Presidential archival depository...... 1337
2118. Records of Congress................... 1338
Chapter 33.--Disposal of Records
3303a. Examination by Archivist of lists and
schedules of records lacking
preservation value; disposal of
records........................... 1339
Chapter 35.--Coordination of Federal Information Policy
subchapter i.--federal information policy
3501. Purposes.............................. 1340
3503. Office of Information and Regulatory
Affairs........................... 1341
3505. Assignment of tasks and deadlines..... 1342
3514. Responsiveness to Congress............ 1343
[[Page 269]]
[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 110th 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.)
[[Page 270]]
279 Sec. 105. Title of appropriation Acts.
The style and title of all Acts making appropriations
for the support of Government shall be as follows: ``An Act
making appropriations (here insert the object) for the year
ending September 30 (here insert the calendar year).'' (July
30, 1947, c. 388, 61 Stat. 634; July 12, 1974, Pub.L. 93-
344, Title V, Sec. 506(a), 88 Stat. 322.)
280 Sec. 106. Printing bills and joint resolutions.
Every bill or joint resolution in each House of Congress
shall, when such bill or resolution passes either House, be
printed, and such printed copy shall be called the engrossed
bill or resolution as the case may be. Said engrossed bill
or resolution shall be signed by the Clerk of the House or
the Secretary of the Senate, and shall be sent to the other
House, and in that form shall be dealt with by that House
and its officers, and, if passed, returned signed by said
Clerk or Secretary. When such bill, or joint resolution
shall have passed both Houses, it shall be printed and shall
then be called the enrolled bill, or joint resolution, as
the case may be, and shall be signed by the presiding
officers of both Houses and sent to the President of the
United States. During the last six days of a session such
engrossing and enrolling of bills and joint resolutions may
be done otherwise than as above prescribed, upon the order
of Congress by concurrent resolution. (July 30, 1947, c.
388, 61 Stat. 634.)
281 Sec. 106a. Promulgation of laws.
Whenever a bill, order, resolution, or vote of the
Senate and House of Representatives, having been approved by
the President, or not having been returned by him with his
objections, becomes a law or takes effect, it shall
forthwith be received by the Archivist of the United States
from the President; and whenever a bill, order, resolution,
or vote is returned by the President with his objections,
and, on being reconsidered, is agreed to be passed, and is
approved by two-thirds of both Houses of Congress, and
thereby becomes a law or takes effect, it shall be received
by the Archivist of the United States from the President of
the Senate, or Speaker of the House of Representatives in
whichsoever House it shall last have been so approved, and
he shall carefully preserve the originals. (Added Oct. 31,
1951, c. 655, Sec. 2(b), 65 Stat. 710, and amended Oct. 19,
1984, Pub.L. 98-497, Title I, Sec. 107(d), 98 Stat. 2291.)
282 Sec. 106b. Amendments to Constitution.
Whenever official notice is received at the National
Archives and Records Administration that any amendment
proposed to the Constitution of the United States has been
adopted, according to the provisions of the Constitution,
the Archivist of the United States shall forthwith cause the
amendment to be published, with his certificate, specifying
the States by which the same may have been adopted, and that
the same has become valid, to all intents and purposes, as a
part of the Constitution of the United States. (Added Oct.
31, 1951, c. 655, Sec. 2(b), 65 Stat. 710, and amended Oct.
19, 1984, Pub.L. 98-497, Title I, Sec. 107(d), 98 Stat.
2291.)
[[Page 271]]
283 Sec. 107. Parchment or paper for printing enrolled bills or
resolutions.
Enrolled bills and resolutions of either House of
Congress shall be printed on parchment or paper of suitable
quality as shall be determined by the Joint Committee on
Printing. (July 30, 1947, c. 388, 61 Stat. 635.)
284 Sec. 108. Repeal of repealing act.
Whenever an Act is repealed, which repealed a former
Act, such former Act shall not thereby be revived, unless it
shall be expressly so provided. (July 30, 1947, c. 388, 61
Stat. 635.)
285 Sec. 109. Repeal of statutes as affecting existing
liabilities.
The repeal of any statute shall not have the effect to
release or extinguish any penalty, forfeiture, or liability
incurred under such statute, unless the repealing Act shall
so expressly provide, and such statute shall be treated as
still remaining in force for the purpose of sustaining any
proper action or prosecution for the enforcement of such
penalty, forfeiture, or liability. The expiration of a
temporary statute shall not have the effect to release or
extinguish any penalty, forfeiture, or liability incurred
under such statute, unless the temporary statute shall so
expressly provide, and, such statute shall be treated as
still remaining in force for the purpose of sustaining any
proper action or prosecution for the enforcement of such
penalty, forfeiture, or liability. (July 30, 1947, c. 388,
61 Stat. 635.)
286 Sec. 110. Saving clause of Revised Statutes.
All acts of limitation, whether applicable to civil
causes and proceedings, or to the prosecution of offenses,
or for the recovery of penalties or forfeitures, embraced in
the Revised Statutes and covered by the repeal contained
therein, shall not be affected thereby, but all suits,
proceedings, or prosecutions, whether civil or criminal, for
causes arising, or acts done or committed prior to said
repeal, may be commenced and prosecuted within the same time
as if said repeal had not been made. (July 30, 1947, c. 388,
61 Stat. 635.)
287 Sec. 111. Repeals as evidence of prior effectiveness.
No inference shall be raised by the enactment of the Act
of March 3, 1933 (ch. 202, 47 Stat. 1431), that the sections
of the Revised Statutes repealed by such Act were in force
or effect at the time of such enactment: Provided, however,
That any rights or liabilities existing under such repealed
sections shall not be affected by their repeal. (July 30,
1947, c. 388, 61 Stat. 635.)
288 Sec. 112. Statutes at large; contents; admissibility in
evidence.
The Archivist of the United States shall cause to be
compiled, edited, indexed, and published, the United States
Statutes at Large, which shall contain all the laws and
concurrent resolutions enacted during each regular session
of Congress; all proclamations by the President in the
numbered series issued since the date of the adjournment of
[[Page 272]]
the regular session of Congress next preceding; and also any
amendments to the Constitution of the United States proposed
or ratified pursuant to article V thereof since that date,
together with the certificate of the Archivist of the United
States issued in compliance with the provision contained in
section 106b of this title. In the event of an extra session
of Congress, the Archivist of the United States shall cause
all the laws and concurrent resolutions enacted during said
extra session to be consolidated with, and published as part
of, the contents of the volume for the next regular session.
The United States Statutes at Large shall be legal evidence
of laws, concurrent resolutions, treaties, international
agreements other than treaties, proclamations by the
President, and proposed or ratified amendments to the
Constitution of the United States therein contained, in all
the courts of the United States, the several States, and the
Territories and insular possessions of the United States.
(July 30, 1947, ch. 388, 61 Stat. 636; Sept. 23, 1950, ch.
1001, Sec. 1, 64 Stat. 979; Oct. 31, 1951, ch. 655, Sec. 3,
65 Stat. 710; Oct. 19, 1984, Pub.L. 98-497, Title I,
Sec. 107(d), 98 Stat. 2291.)
289 Sec. 112b. United States international agreements;
transmission to Congress.
(a) The Secretary of State shall transmit to the
Congress the text of any international agreement (including
the text of any oral international agreement, which
agreement shall be reduced to writing), other than a treaty,
to which the United States is a party as soon as practicable
after such agreement has entered into force with respect to
the United States but in no event later than sixty days
thereafter. However, any such agreement the immediate public
disclosure of which would, in the opinion of the President,
be prejudicial to the national security of the United States
shall not be so transmitted to the Congress but shall be
transmitted to the Committee on Foreign Relations of the
Senate and the Committee on International Relations of the
House of Representatives under an appropriate injunction of
secrecy to be removed only upon due notice from the
President. Any department or agency of the United States
Government which enters into any international agreement on
behalf of the United States shall transmit to the Department
of State the text of such agreement not later than twenty
days after such agreement has been signed.
(b) Not later than March 1, 1979, and at yearly
intervals thereafter, the President shall, under his own
signature, transmit to the Speaker of the House of
Representatives and the chairman of the Committee on Foreign
Relations of the Senate a report with respect to each
international agreement which, during the preceding year,
was transmitted to the Congress after the expiration of the
60-day period referred to in the first sentence of
subsection (a), describing fully and completely the reasons
for the late transmittal.
(c) Notwithstanding any other provision of law, an
international agreement may not be signed or otherwise
concluded on behalf of the United States without prior
consultation with the Secretary of State. Such consultation
may encompass a class of agreements rather than a particular
agreement.
(d)(1) The Secretary of State shall annually submit to
Congress a report that contains an index of all
international agreements, listed by country, date, title,
and summary of each such agreement (including
[[Page 273]]
a description of the duration of activities under the
agreement and the agreement itself), that the United
States--
(A) has signed, proclaimed, or with
reference to which any other final formality has
been executed, or that has been extended or
otherwise modified, during the preceding
calendar year; and
(B) has not been published, or is not
proposed to be published, in the compilation
entitled ``United States Treaties and Other
International Agreements''.
(2) The report described in paragraph (1) may be
submitted in classified form.
(e)(1) Subject to paragraph (2), the Secretary of State
shall determine for and within the executive branch whether
an arrangement constitutes an international agreement within
the meaning of this section.
(2)(A) An arrangement shall constitute an international
agreement within the meaning of this section (other than
subsection (c)) irrespective of the duration of activities
under the arrangement or the arrangement itself.
(B) Arrangements that constitute an international
agreement within the meaning of this section (other than
subsection (c)) include the following:
(i) A bilateral or multilateral
counterterrorism agreement.
(ii) A bilateral agreement with a country
that is subject to a determination under section
6(j)(1)(A) of the Export Administration Act of
1979 (50 U.S.C. App. 2405(j)(1)(A)), section
620A(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2371(a)), or section 40(d) of the
Arms Export Control Act (22 U.S.C. 2780(d)).
(f) The President shall, through the Secretary of State,
promulgate such rules and regulations as may be necessary to
carry out this section. (Pub.L. 92-403, Sec. 1, Aug. 22,
1972, 86 Stat. 619; Pub.L. 95-45, Sec. 5, June 15, 1977, 91
Stat. 224; Pub.L. 95-426, Title VII, Sec. 708, Oct. 7, 1978,
92 Stat. 993; Pub.L. 103-236, Sec. 138, Apr. 30, 1994, 108
Stat. 397; Pub.L. 103-437, Sec. 1, Nov. 2, 1994, 108 Stat.
4581; Pub.L. 108-458, Title VII, Sec. 7121(b) to (d), Dec.
17, 2004, 118 Stat. 3807, 3808.)
Chapter 3.--CODE OF LAWS OF UNITED STATES AND SUPPLEMENTS;
DISTRICT OF COLUMBIA CODE AND SUPPLEMENTS
290 Sec. 211. Copies [of the Code of Laws] to Members of
Congress.
In addition to quotas provided for by section 210 of
this title there shall be printed, published, and
distributed of the Code of Laws relating to the District of
Columbia with tables, index and other ancillaries, suitably
bound and with thumb inserts and other convenient devices to
distinguish the parts, and of the supplements to both codes
as provided for by sections 202, 203 of this title, ten
copies of each for each Member of the Senate and House of
Representatives of the Congress in which the original
authorized publication is made, for his use and
distribution, and in addition for the Committee on the
Judiciary of the House of Representatives and the Committee
on the Judiciary of the Senate a number of bound copies of
each equal to ten times the number of members of such
committees, and one bound copy of each for the use of each
committee of the Senate and House of Representatives. (July
30, 1947, ch. 388, 61 Stat. 640.)
[[Page 274]]
291 Sec. 212. Additional distribution at each new Congress.
In addition the Superintendent of Documents shall, at
the beginning of the first session of each Congress, supply
to each Senator and Representative in such Congress, who may
in writing apply for the same, one copy each of the Code of
Laws of the United States, the Code of Laws relating to the
District of Columbia, and the latest supplement to each
code: Provided, That such applicant shall certify in his
written application for the same that the volume or volumes
for which he applies is intended for his personal use
exclusively: And provided further, That no Senator or
Representative during his term of service shall receive
under this section more than one copy each of the volumes
enumerated herein. (July 30, 1947, Ch. 388, 61 Stat. 640.)
2 u.s.c.--the congress
generalandpermanentlawsrelatingtothesenate
[[Page 275]]
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 1361.14).
Vacancies in the Senate, see Const. Amend. XVII (Senate
Manual section 1387).
296 Sec. 1a. Election to be certified by governor.
It shall be the duty of the executive of the State from
which any Senator has been chosen to certify his election,
under the seal of the State, to the President of the Senate
of the United States. (R.S. Sec. 18.)
297 Sec. 1b. Same; countersignature by secretary of state.
The certificate mentioned in section 1a of this title
shall be countersigned by the secretary of state of the
State. (R.S. Sec. 19.)
Chapter 2.--ORGANIZATION OF CONGRESS
298 Sec. 21. Oath of Senators.
The oath of office shall be administered by the
President of the Senate to each Senator who shall be
elected, previous to his taking his seat. (R.S. Sec. 28.)
299 Sec. 22. Oath of President of Senate.
When a President of the Senate has not taken the oath of
office, it shall be administered to him by any Member of the
Senate. (R.S. Sec. 29.)
300 Sec. 23. Presiding officer of Senate may administer oaths.
The presiding officer, for the time being, of the Senate
of the United States, shall have power to administer all
oaths and affirmations that are or may be required by the
Constitution, or by law, to be taken by any Senator, officer
of the Senate, witness, or other person, in respect
[[Page 276]]
to any matter within the jurisdiction of the Senate. (Apr.
18, 1876, ch. 66, Sec. 1, 19 Stat. 34.)
301 Sec. 24. Secretary of Senate or Assistant Secretary may
administer oaths.
The Secretary of the Senate, and the Assistant Secretary
thereof, shall, respectively, have power to administer any
oath or affirmation required by law, or by the rules or
orders of the Senate, to be taken by any officer of the
Senate, and to any witness produced before it. (Apr. 18,
1876, ch. 66, Sec. 2, 19 Stat. 34; amended, Pub.L. 92-51,
Sec. 101, July 9, 1971, 85 Stat. 125.)
302 Sec. 27. Change of place of meeting.
Whenever Congress is about to convene, and from the
prevalence of contagious sickness, or the existence of other
circumstances, it would, in the opinion of the President, be
hazardous to the lives or health of the Members to meet at
the seat of Government, the President is authorized, by
proclamation, to convene Congress at such other place as he
may judge proper. (R.S. Sec. 34.)
303 Sec. 30. Term of service of Members of Congress as trustees
or directors of corporations or institutions
appropriated for.
In all cases where Members of Congress or Senators are
appointed to represent Congress on any board of trustees or
board of directors of any corporation or institution to
which Congress makes any appropriation, the term of said
Members or Senators, as such trustee or director, shall
continue until the expiration of two months after the first
meeting of the Congress chosen next after their appointment.
(Mar. 3, 1893, ch. 199, Sec. 1, 27 Stat. 553.)
304 Sec. 30a. Jury duty exemption of elected officials of the
legislative branch.
(a) Notwithstanding any other provision of Federal,
State or local law, no elected official of the legislative
branch of the United States Government shall be required to
serve on a grand or petit jury, convened by any Federal,
State or local court, whether such service is requested by
judicial summons or by some other means of compulsion.
(b) ``Elected official of the legislative branch'' shall
mean each Member of the United States House of
Representatives, the Delegates from the District of
Columbia, Guam, the American Virgin Islands, and American
Samoa, and the Resident Commissioner from Puerto Rico, and
each United States Senator. (Pub.L. 101-520, Title III,
Sec. 310, Nov. 5, 1990, 104 Stat. 2278.)
305 Sec. 30b. Notice of objecting to proceeding.
(a) In general
The Majority and Minority Leaders of the Senate or their
designees shall recognize a notice of intent of a Senator
who is a member of their caucus to object to proceeding to a
measure or matter only if the Senator--
(1) following the objection to a unanimous
consent to proceeding to, and, or passage of, a
measure or matter on their behalf, submits the
notice of intent in writing to the appropriate
leader or their designee; and
[[Page 277]]
(2) not later than 6 session days after the
submission under paragraph (1), submits for
inclusion in the Congressional Record and in the
applicable calendar section described in
subsection (b) of this section the following
notice:
``I, Senator_____, intend to object to proceedings
to_____, dated_____for the following reasons_____.''
(b) Calendar
(1) In general
The Secretary of the Senate shall establish
for both the Senate Calendar of Business and the
Senate Executive Calendar a separate section
entitled ``Notice of Intent to Object to
Proceeding''.
(2) Content
The section required by paragraph (1) shall
include--
(A) the name of each Senator filing a
notice under subsection (a)(2) of this
section;
(B) the measure or matter covered by the
calendar that the Senator objects to; and
(C) the date the objection was filed.
(3) Notice
A Senator who has notified their respective
leader and who has withdrawn their objection
within the 6 session day period is not required
to submit a notification under subsection (a)(2)
of this section.
(c) Removal
A Senator may have an item with respect to the Senator
removed from a calendar to which it was added under
subsection (b) of this section by submitting for inclusion
in the Congressional Record the following notice:
``I, Senator_____, do not object to proceed to_____,
dated_____.''
(Pub.L. 110-81, Title V, Sec. 512, Sept. 14, 2007, 121 Stat.
759.)
Chapter 3.--COMPENSATION AND ALLOWANCES OF MEMBERS
306 Sec. 31. Compensation of Members of Congress.
(1) The annual rate of pay for--
(A) each Senator, Member of the House of
Representatives, and Delegate to the House of
Representatives, and the Resident Commissioner
from Puerto Rico,
(B) the President pro tempore of the Senate,
the majority leader and the minority leader of
the Senate, and the majority leader and the
minority leader of the House of Representatives,
and
(C) the Speaker of the House of
Representatives,
shall be the rate determined for such positions under
chapter 11 of this title, as adjusted by paragraph (2) of
this section.
(2)(A) Subject to subparagraph (B), effective at the
beginning of the first applicable pay period commencing on
or after the first day of the month in which an adjustment
takes effect under section 5303 of Title 5 in the rates of
pay under the General Schedule, each annual rate referred to
in paragraph (1) shall be adjusted by an amount, rounded to
the nearest multiple of $100 (or if midway between multiples
of
[[Page 278]]
$100, to the next higher multiple of $100), equal to the
percentage of such annual rate which corresponds to the most
recent percentage change in the ECI (relative to the date
described in the next sentence), as determined under section
704(a)(1) of the Ethics Reform Act of 1989. The appropriate
date under this sentence is the first day of the fiscal year
in which such adjustment in the rates of pay under the
General Schedule takes effect.
(B) In no event shall the percentage adjustment taking
effect under subparagraph (A) in any calendar year (before
rounding), in any rate of pay, exceed the percentage
adjustment taking effect in such calendar year under section
5303 of Title 5 in the rates of pay under the General
Schedule. (Mar. 4, 1925, ch. 549, Sec. 4, 43 Stat. 1301; May
17, 1932, ch. 190, 47 Stat. 158; Aug. 2, 1946, ch. 753,
Title VI, Sec. 601(a), 60 Stat. 850; Jan. 19, 1949, ch. 2,
Sec. 1(d), 63 Stat. 4; Mar. 2, 1955, ch. 9, Sec. 4(a), 69
Stat. 11; Aug. 14, 1964, Pub.L. 88-426, Title II, Sec. 204,
78 Stat. 415; Oct. 29, 1965, Pub.L. 89-301, Sec. 11(e), 79
Stat. 1120; Dec. 16, 1967, Pub.L. 90-206, Title II,
Sec. 225(h), 81 Stat. 644; Sept. 15, 1969, Pub.L. 91-67,
Sec. 2, 83 Stat. 107; Aug. 9, 1975, Pub.L. 94-82, Title II,
Sec. 204(a), 89 Stat. 421; Nov. 30, 1989, Pub.L. 101-194,
Title VII, Sec. 704(a)(2)(B), 103 Stat. 1769; Nov. 5, 1990,
Pub.L. 101-509, Title I, Sec. 101(b)(4)(D), 104 Stat. 1439;
Oct. 13, 1994, Pub.L. 103-356, Sec. 101, 108 Stat. 3410.)
307 Sec. 31-1. Repealed (Aug. 14, 1991, Pub.L. 102-90,
Sec. 6(c), Honoraria prohibited Title V, Ethics in
Government Act of 1978 (5 U.S.C. App)).
308 Sec. 31-2. Gifts and travel.
(a) Gifts
(1) No Member, officer, or employee of the Senate, or
the spouse or dependent thereof, shall knowingly accept,
directly or indirectly, any gift or gifts in any calendar
year aggregating more than the minimal value as established
by section 7342(a)(5) of Title 5 or $250, whichever is
greater from any person, organization, or corporation
unless, in an unusual case, a waiver is granted by the
Select Committee on Ethics.
(2) The prohibitions of this subsection do not apply to
gifts--
(A) from relatives;
(B) with a value of $100 or less, as
adjusted under section 102(a)(2)(A) of the
Ethics in Government Act of 1978; or
(C) of personal hospitality of an
individual.
(3) For purposes of this subsection--
(A) the term ``gift'' means a payment,
subscription, advance, forbearance, rendering,
or deposit of money, services, or anything of
value, including food, lodging, transportation,
or entertainment, and reimbursement for other
than necessary expenses, unless consideration of
equal or greater value is received, but does not
include (1) a political contribution otherwise
reported as required by law, (2) a loan made in
a commercially reasonable manner (including
requirements that the loan be repaid and that a
reasonable rate of interest be paid), (3) a
bequest, inheritance, or other transfer at
death, (4) a bona fide award presented in
recognition of public service and available to
the general public, (5) a reception at which the
Member, officer, or employee is to be honored,
provided such individual receives no other gifts
that exceed the restrictions in this rule, other
than a suitable memento, (6) meals or beverages
consumed or enjoyed, provided the meals or
beverages are not con
[[Page 279]]
sumed or enjoyed in connection with a gift of
overnight lodging, or (7) anything of value
given to a spouse or dependent of a reporting
individual by the employer of such spouse or
dependent in recognition of the service provided
by such spouse or dependent; and
(B) the term ``relative'' has the same
meaning given to such term in section 107(2) of
Title I of the Ethics in Government Act of 1978
(Pub.L. 95-521).
(4) If a Member, officer, or employee, after exercising
reasonable diligence to obtain the information necessary to
comply with this rule, unknowingly accepts a gift described
in paragraph (1) such Member, officer, or employee shall,
upon learning of the nature of the gift and its source,
return the gift or, if it is not possible to return the
gift, reimburse the donor for the value of the gift.
(5)(A) Notwithstanding the provisions of this
subsection, a Member, officer, or employee of the Senate may
participate in a program, the principal objective of which
is educational, sponsored by a foreign government or a
foreign educational or charitable organization involving
travel to a foreign country paid for by that foreign
government or organization if such participation is not in
violation of any law and if the Select Committee on Ethics
has determined that participation in such program by
Members, officers, or employees of the Senate is in the
interests of the Senate and the United States.
(B) Any Member who accepts an invitation to participate
in any such program shall notify the Select Committee in
writing of his acceptance. A Member shall also notify the
Select Committee in writing whenever he has permitted any
officer or employee whom he supervises to participate in any
such program. The chairman of the Select Committee shall
place in the Congressional Record a list of all individuals,
participating, the supervisors of such individuals where
applicable, and the nature and itinerary of such program.
(C) No Member, officer, or employee may accept funds in
connection with participation in a program permitted under
subparagraph (A) if such funds are not used for necessary
food, lodging, transportation, and related expenses of the
Member, officer, or employee.
(b) Limits on domestic and foreign travel by Members and
staff of Senate
The term ``necessary expenses'', with respect to limits
on domestic and foreign travel by Members and staff of the
Senate, means reasonable expenses for food, lodging, or
transportation which are incurred by a Member, officer, or
employee of the Senate in connection with services provided
to (or participation in an event sponsored by) the
organization which provides reimbursement for such expenses
or which provides the food, lodging, or transportation
directly. Necessary expenses do not include the provision of
food, lodging, or transportation, or the payment for such
expenses, for a continuous period in excess of 3 days
exclusive of travel time within the United States or 7 days
exclusive of travel time outside of the United States unless
such travel is approved by the Committee on Ethics as
necessary for participation in a conference, seminar,
meeting or similar matter. Necessary expenses do not include
the provision of food, lodging, or transportation, or the
payment for such expenses, for anyone accompanying a Member,
officer, or employee of the Senate, other than the spouse or
child of such Member, officer, or employee of the Senate or
one Senate employee acting as an aide
[[Page 280]]
to a Member. (Pub.L. 101-194, Title IX, Sec. 901, Nov. 30,
1989, 103 Stat. 1778; Pub.L. 101-280, Sec. 8, May 4, 1990,
104 Stat. 162; Pub.L. 102-90, Title III Sec. 314(c), Aug.
14, 1991, 105 Stat. 470.)
309 Sec. 31-3. Registered lobbyist participation in travel;
guidelines.
(1) In general
Except as provided in paragraph (4) and not later than
60 days after September 14, 2007, and at annual intervals
thereafter, the Select Committee on Ethics shall develop and
revise, as necessary--
(A) guidelines, for purposes of implementing
the amendments made by subsection (a), on
evaluating a trip proposal and judging the
reasonableness of an expense or expenditure,
including guidelines related to evaluating--
(i) the stated mission of the
organization sponsoring the trip;
(ii) the organization's prior history of
sponsoring congressional trips, if any;
(iii) other educational activities
performed by the organization besides
sponsoring congressional trips;
(iv) whether any trips previously
sponsored by the organization led to an
investigation by the Select Committee on
Ethics;
(v) whether the length of the trip and
the itinerary is consistent with the
official purpose of the trip;
(vi) whether there is an adequate
connection between a trip and official
duties;
(vii) the reasonableness of an amount
spent by a sponsor of the trip;
(viii) whether there is a direct and
immediate relationship between a source of
funding and an event; and
(ix) any other factor deemed relevant by
the Select Committee on Ethics; and
(B) regulations describing the information
it will require individuals subject to the
requirements of the amendments made by
subsection (a) to submit to the committee in
order to obtain the prior approval of the
committee for travel under paragraph 2 of rule
XXXV of the Standing Rules of the Senate,
including any required certifications.
(2) Consideration
In developing and revising guidelines under paragraph
(1)(A), the committee shall take into account the maximum
per diem rates for official Federal Government travel
published annually by the General Services Administration,
the Department of State, and the Department of Defense.
(3) Unreasonable expense
For purposes of this section, travel on a flight
described in paragraph 1(c)(1)(C)(ii) of rule XXXV of the
Standing Rules of the Senate shall not be considered to be a
reasonable expense.
(4) Extension
The deadline for the initial guidelines required by
paragraph (1) may be extended for 30 days by the Committee
on Rules and Administration. (Pub.L. 110-81, Title V,
Sec. 544(b), Sept. 14, 2007, 121 Stat. 769.)
[[Page 281]]
310 Sec. 31a-1. Expense allowance of Majority and Minority
Leaders of Senate; expense allowance of Majority and
Minority Whips; methods of payment; taxability.
Effective fiscal year 1978 and each fiscal year
thereafter, the expense allowances of the Majority and
Minority Leaders of the Senate are increased to $40,000 each
fiscal year for each leader: Provided, That, effective with
the fiscal year 1983 and each fiscal year thereafter, the
expense allowance of the Majority and Minority Whips of the
Senate shall not exceed $10,000 each fiscal year for each
Whip: Provided further, That, during the period beginning on
January 3, 1977, and ending September 30, 1977, and during
each fiscal year thereafter, the Vice President, the
Majority Leader, the Minority Leader, the Majority Whip, and
the Minority Whip may receive the expense allowance (a) as
reimbursement for actual expenses incurred upon
certification and documentation of such expenses by the Vice
President, the respective Leader or the respective Whip, or
(b) in equal monthly payments: Provided further, That
effective January 3, 1977, the amounts paid to the Vice
President, the Majority or Minority Leader of the Senate, or
the Majority or Minority Whip of the Senate as reimbursement
of actual expenses incurred upon certification and
documentation pursuant to the second proviso of this section
shall not be reported as income, and the expenses so
reimbursed shall not be allowed as a deduction, under Title
26. (Pub.L. 95-26, Title I, Sec. 100, May 4, 1977, 91 Stat.
79; Pub.L. 95-94, Title I, Sec. 109, Aug. 5, 1977, 91 Stat.
661; Pub.L. 95-355, Title I, Sept. 8, 1978, 92 Stat. 532;
Pub.L. 98-63, Title I, Sec. 101, July 30, 1983, 97 Stat.
333; Pub.L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095;
Pub.L. 108-7, Div. H, Title I, Sec. 1(b)(1), (c), Feb. 20,
2003, 117 Stat. 349; Pub.L. 108-447, Div. G., Title I,
Sec. 13(a)(1), Dec. 8, 2004, 118 Stat. 3171.)
311 Sec. 31a-2. Representation Allowance Account for the
Majority and Minority Leaders of Senate.
(a) Establishment; purpose
There is hereby established an account, within the
Senate, to be known as the ``Representation Allowance
Account for the Majority and Minority Leaders''. Such
Allowance Account shall be used by the Majority and Minority
Leaders of the Senate to assist them properly to discharge
their appropriate responsibilities in the United States to
members of foreign legislative bodies and prominent
officials of foreign governments and intergovernmental
organizations.
(b) Payments; allotment; reimbursement for actual expenses;
taxability
Payments authorized to be made under this section shall
be paid by the Secretary of the Senate. Of the funds
available for expenditure from such Allowance Account for
any fiscal year, one-half shall be allotted to the Majority
Leader and one-half shall be allotted to the Minority
Leader. Amounts paid from such Allowance Account to the
Majority or Minority Leader shall be paid to him from his
allotment and shall be paid to him only as reimbursement for
actual expenses incurred by him and upon certification and
documentation of such expenses. Amounts paid to the Majority
or Minority Leader pursuant to this section shall not be
reported as income and shall not be allowed as a deduction
under Title 26.
[[Page 282]]
(c) Authorization of appropriations
There are authorized to be appropriated for each fiscal
year (commencing with the fiscal year ending September 30,
1985) not more than $20,000 to the Allowance Account
established by this section. (Pub.L. 99-88, Title I,
Sec. 197, Aug. 15, 1985, 99 Stat. 350.)
312 Sec. 31a-2a. Transfer of funds from representation allowance
of Majority and Minority Leaders of Senate to expense
allowance; availability; definitions.
(a) The Secretary of the Senate shall, upon the written
request of the Majority or Minority Leader of the Senate,
transfer from any available funds in such Leader's allotment
in the Leader's Representation Allowance (as defined in
subsection (b)(1) of this section) for any fiscal year
(commencing with the fiscal year ending September 30, 1985)
to such Leader's Expense Allowance (as defined in subsection
(b)(2) of this section) to such year such amount as is
specified in the request. Any funds so transferred for any
fiscal year at the request of either such Leader shall be
available to such Leader for such year for the same purposes
as, and in like manner and subject to the same conditions
as, are other funds which are available to him for such year
as his expense allowance as Majority or Minority Leader.
(b)(1) The term ``Leader's Representation Allowance''
means the Representation Allowance Account for the Majority
and Minority Leaders established by section 31a-2 of this
title.
(2) The term ``Leader's Expense Allowance'', when used
in reference to the Majority or Minority Leader of the
Senate, refers to the moneys available, for any fiscal year,
to such Leader as an expense allowance and the appropriation
account from which such moneys are funded. (Pub.L. 100-71,
Title I, Sec. 1, July 11, 1987, 101 Stat. 422.)
313 Sec. 31a-2b. Transfer of funds from appropriations account
of Majority and Minority Leaders of Senate to
appropriations account for ``Miscellaneous Items''
within Senate contingent fund.
Requests for transfers
(a) Upon the written request of the Majority or Minority
Leader of the Senate, the Secretary of the Senate shall
transfer during any fiscal year, from the appropriations
account appropriated under the headings ``Salaries, Officers
and Employees'' and ``Offices of the Majority and Minority
Leaders'', such amount as either Leader shall specify to the
appropriations account, within the contingent fund of the
Senate, ``Miscellaneous Items''.
Authority to incur expenses
(b) The Majority and Minority Leaders of the Senate are
each authorized to incur such expenses as may be necessary
or appropriate. Expenses incurred by either such leader
shall be paid from the amount transferred pursuant to
subsection (a) of this section by such leader and upon
vouchers approved by such leader.
Authority to advance sums
(c) The Secretary of the Senate is authorized to advance
such sums as may be necessary to defray expenses incurred in
carrying out subsections (a) and (b) of this section.
(Pub.L. 102-27, Title II, Apr. 10, 1991, 105 Stat. 144.)
[[Page 283]]
314 Sec. 31a-2c. Transfer of funds from appropriations account
of Majority and Minority Whips of Senate to
appropriations account for ``Miscellaneous Items''
within Senate contingent fund.
(a) Upon the written request of the Majority or Minority
Whip of the Senate, the Secretary of the Senate shall
transfer during any fiscal year, from the appropriations
account appropriated under the headings ``Salaries, officers
and employees'' and ``Offices of the Majority and Minority
Whips'', such amount as either whip shall specify to the
appropriations account, within the contingent fund of the
Senate, ``Miscellaneous items''.
(b) The Majority and Minority Whips of the Senate are
each authorized to incur such expenses as may be necessary
or appropriate. Expenses incurred by either such whip shall
be paid from the amount transferred pursuant to subsection
(a) of this section by such whip and upon vouchers approved
by such whip.
(c) The Secretary of the Senate is authorized to advance
such sums as may be necessary to defray expenses incurred in
carrying out subsections (a) and (b) of this section.
(Pub.L. 105-55, Title I, Sec. 2, Oct. 7, 1997, 111 Stat.
1180.)
315 Sec. 31a-2d. Transfer of funds from appropriations account
of the Office of the Vice President and the Offices of
Secretaries for the Majority and Minority to the Senate
contingent fund.
(a) Office of the Vice President
(1) In general
Upon the written request of the Vice
President, the Secretary of the Senate shall
transfer from the appropriations account
appropriated under the subheading ``OFFICE OF
THE VICE PRESIDENT'' under the heading
``SALARIES, OFFICERS AND EMPLOYEES'' such amount
as the Vice President shall specify to the
appropriations account under the heading
``MISCELLANEOUS ITEMS'' within the contingent
fund of the Senate.
(2) Authority to incur expenses
The Vice President may incur such expenses
as may be necessary or appropriate. Expenses
incurred by the Vice President shall be paid
from the amount transferred under paragraph (1)
by the Vice President and upon vouchers approved
by the Vice President.
(3) Authority to advance sums
The Secretary of the Senate may advance such
sums as may be necessary to defray expenses
incurred in carrying out paragraphs (1) and (2).
(b) Offices of the Secretaries for the Majority and Minority
(1) In general
Upon the written request of the Secretary
for the Majority or the Secretary for the
Minority, the Secretary of the Senate shall
transfer from the appropriations account
appropriated under the subheading ``OFFICES OF
THE SECRETARIES FOR THE MAJORITY AND MINORITY''
under the heading ``SALARIES, OFFICERS AND
EMPLOYEES'' such amount as the Secretary for the
Majority or the Secretary for the Minority shall
specify to the appropriations account under the
heading ``MISCELLANEOUS ITEMS'' within the
contingent fund of the Senate.
[[Page 284]]
(2) Authority to incur expenses
The Secretary for the Majority or the
Secretary for the Minority may incur such
expenses as may be necessary or appropriate.
Expenses incurred by the Secretary for the
Majority or the Secretary for the Minority shall
be paid from the amount transferred under
paragraph (1) by the Secretary for the Majority
or the Secretary for the Minority and upon
vouchers approved by the Secretary for the
Majority or the Secretary for the Minority, as
applicable.
(3) Authority to advance sums
The Secretary of the Senate may advance such
sums as may be necessary to defray expenses
incurred in carrying out paragraphs (1) and (2).
(c) Effective date
This section shall apply to fiscal year 2005 and each
fiscal year thereafter. (Pub.L. 108-447, Div. G, Title I,
Sec. 5, Dec. 8, 2004, 118 Stat. 3169.)
316 Sec. 31a-3. Expense allowance for Chairmen of Majority and
Minority Conference Committees of Senate; method of
payment; taxability.
For each fiscal year (commencing with the fiscal year
ending September 30, 1985), there is hereby authorized an
expense allowance for the Chairmen of the Majority and
Minority Conference Committees which shall not exceed $5,000
each fiscal year for each such Chairman; and amounts from
such allowance shall be paid to either of such Chairmen only
as reimbursement for actual expenses incurred by him and
upon certification and documentation of such expenses, and
amounts so paid shall not be reported as income and shall
not be allowed as a deduction under Title 26. (Pub.L. 99-88,
Title I, Aug. 15, 1985, 99 Stat. 348; Pub.L. 108-7, Div. H,
Title I, Sec. 1(d), Feb. 20, 2003, 117 Stat. 349.)
317 Sec. 31a-4. Chairmen of the Majority and Minority Policy
Committees' Expense Account
For each fiscal year (commencing with the fiscal year
ending September 30, 2001), there is authorized an expense
allowance for the Chairmen of the Majority and Minority
Policy Committees which shall not exceed $5,000 each fiscal
year for each such Chairman; and amounts from such allowance
shall be paid to either of such Chairmen only as
reimbursement for actual expenses incurred by him and upon
certification and documentation of such expenses, and
amounts so paid shall not be reported as income and shall
not be allowed as a deduction under the Internal Revenue
Code of 1986 [26 U.S.C.A. Sec. 1 et seq.] (Pub.L. 106-554,
Sec. 1(a)(2) Title I, Sec. 5, Dec. 21, 2000, 114 Stat. 2763,
2763A-97; Pub.L. 108-7, Div. H, Title I, Sec. 1(e), Feb. 20,
2003, 117 Stat. 349.)
318 Sec. 32. Compensation of President pro tempore of Senate.
Whenever there is no Vice President, the President of
the Senate for the time being is entitled to the
compensation provided by law for the Vice President. (R.S.
Sec. 36.)
Cross References
Compensation of Vice President, see section 104 of Title
3, United States Code, relating to the President (Senate
Manual section 982).
[[Page 285]]
319 Sec. 32a. Compensation of Deputy President pro tempore of
Senate.
Effective January 5, 1977, the compensation of a Deputy
President pro tempore of the Senate shall be at a rate equal
to the rate of annual compensation of the President pro
tempore and the Majority and Minority Leaders of the Senate.
(Pub.L. 95-26, Title I, May 4, 1977, 91 Stat. 79.)
Note
See Senate Manual section 91. The Senate may designate
any Member to hold the Office of Deputy President pro
tempore of the Senate. Such person is authorized to appoint
and fix the compensation of such employees as he deems
appropriate, but the gross compensation to such employees
shall not exceed $90,000 for any fiscal year.
320 Sec. 32b. Expense allowance of President pro tempore of
Senate; methods of payment; taxability.
Effective with fiscal year 1978 and each fiscal year
thereafter, there is hereby authorized an expense allowance
for the President Pro Tempore which shall not exceed $40,000
each fiscal year. The President Pro Tempore may receive the
expense allowance (1) as reimbursement for actual expenses
incurred upon certification and documentation of such
expenses by the President Pro Tempore, or (2) in equal
monthly payments. Such amounts paid to the President Pro
Tempore as reimbursement of actual expenses incurred upon
certification and documentation pursuant to this provision,
shall not be reported as income, and the expenses so
reimbursed shall not be allowed as a deduction, under Title
26. (Pub.L. 95-355, Title I, Sept. 8, 1978, 92 Stat. 532;
Pub.L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub.L.
108-7, Div. H., Title I, Sec. 1(b)(2), Feb. 20, 2003, 117
Stat. 349; Pub.L. 108-447, Div G., Title I, Sec. 13(a)(2),
Dec. 8, 2004, 118 Stat. 3171.)
Note.--Office of the President Pro Tempore Emeritus of the
Senate
(a) Establishment.--There is established the Office of
the President pro tempore emeritus of the Senate.
(b) Designation.--Any Member of the Senate who--
(1) is designated by the Senate as the President
pro tempore emeritus of the United States Senate;
and
(2) is serving as a Member of the Senate,
shall be the President pro tempore emeritus of the United
States Senate.
(c) Appointment and compensation of employees.--The
President pro tempore emeritus is authorized to appoint and
fix the compensation of such employees as the President pro
tempore emeritus determines appropriate.
(d) Expense allowance.--There is authorized an expense
allowance for the President pro tempore emeritus which shall
not exceed $15,000 each fiscal year. The President pro
tempore emeritus may receive the expense allowance: (1) as
reimbursement for actual expenses incurred upon
certification and documentation of such expenses by the
President pro tempore emeritus; or (2) in equal monthly
payments. Such amounts paid to the President pro tempore
emeritus as reimbursement of actual expenses incurred upon
certification and documentation under this subsection, shall
not be reported as income, and the expenses so reimbursed
shall not be allowed as a deduction under the Internal
Revenue Code of 1986 [26 U.S.C.A. Sec. 1 et seq.].
(e) Effective date.--This section shall take effect on
the date of enactment of this Act [Feb. 20, 2003] and shall
apply only with respect to the 108th Congress, 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.)
[[Page 286]]
[Amendments by Pub.L. 108-447, Div. G, Sec. 13, to this note
applicable to fiscal year 2005 and each fiscal year
thereafter.]
321 Sec. 33. Senators' salaries.
Senators elected, whose term of office begins on the 3d
day of January, and whose credentials in due form of law
shall have been presented in the Senate, may receive their
compensation from the beginning of their term. (June 19,
1934, ch. 648, Title I, Sec. 1, 48 Stat. 1022; Oct. 1, 1981,
Pub.L. 97-51, Sec. 112(b)(2), 95 Stat. 963.)
322 Sec. 36. Salaries of Senators.
Salaries of Senators appointed to fill vacancies in the
Senate shall commence on the day of their appointment and
continue until their successors are elected and qualified:
Provided, That when Senators have been elected during a sine
die adjournment of the Senate to succeed appointees, the
salaries of Senators so elected shall commence on the day
following their election.
Salaries of Senators elected during a session to succeed
appointees shall commence on the day they qualify: Provided,
That when Senators have been elected during a session to
succeed appointees, but have not qualified, the salaries of
Senators so elected shall commence on the day following the
sine die adjournment of the Senate.
When no appointments have been made the salaries of
Senators elected to fill such vacancies shall commence on
the day following their election. (Feb. 10, 1923, ch. 68, 42
Stat. 1225; Feb. 6, 1931, ch. 111, 46 Stat. 1065; June 19,
1934, ch. 648, Title I, Sec. 1, 48 Stat. 1022; Feb. 13,
1935, ch. 6, Sec. 1, 49 Stat. 22, 23.)
Constitutional Provisions
The first section of amendment XX to the Constitution
provides in part: ``* * * the terms of Senators and
Representatives [shall end] at noon on the 3d day of
January, of the years in which such terms would have ended
if this article had not been ratified; and the terms of
their successors shall then begin.''
323 Sec. 36a. Payment of sums due deceased Senators and Senate
personnel.
Under regulations prescribed by the Secretary of the
Senate, a person serving as a Senator or officer or employee
whose compensation is disbursed by the Secretary of the
Senate may designate a beneficiary or beneficiaries to be
paid any unpaid balance of salary or other sums due such
person at the time of his death. When any person dies while
so serving, any such unpaid balance shall be paid by the
disbursing officer of the Senate to the designated
beneficiary or beneficiaries. If no designation has been
made, such unpaid balance shall be paid to the widow or
widower of that person, or if there is no widow or widower,
to the next of kin or heirs at law of that person. (Jan. 6,
1951, ch. 1213, Ch. I, Sec. 1, 64 Stat. 1224; Oct. 31, 1972,
Pub.L. 92-607, Ch. V, Sec. 503, 86 Stat. 1505.)
324 Sec. 39. Deductions for absence.
The Chief Administrative Officer of the House of
Representatives (upon certification by the Clerk of the
House of Representatives) shall deduct from the monthly
payments (or other periodic payments authorized by law) of
each Member or Delegate the amount of his salary for each
day that he has been absent from the House, unless such
[[Page 287]]
Member or Delegate assigns as the reason for such absence
the sickness of himself or of some member of his family.
(R.S. Sec. 40; Pub.L. 97-51, Sec. 112(d), Oct. 1, 1981, 95
Stat. 963; Pub.L. 104-186, Title II, Sec. 203(7), Aug. 20,
1996, 110 Stat. 1726; Pub.L. 109-55, Sec. 5, Aug. 2, 2005,
119 Stat. 568.)
325 Sec. 40. Deductions for withdrawal.
When any Member or Delegate withdraws from his seat and
does not return before the adjournment of Congress, he
shall, in addition to the sum deducted for each day, forfeit
a sum equal to the amount which would have been allowed by
law for his mileage in returning home; and such sum shall be
deducted from his compensation, unless the withdrawal is
with the leave of the Senate or House of Representatives,
respectively. (R.S. Sec. 41.)
326 Sec. 40a. Deductions for delinquent indebtedness.
Whenever a Representative, Delegate, or Resident
Commissioner, or a United States Senator, shall fail to pay
any sum or sums due from such person to the House of
Representatives or Senate, respectively, the appropriate
committee or officer of the House of Representatives or
Senate, as the case may be, having jurisdiction of the
activity under which such debt arose, shall certify such
delinquent sum or sums to the Chief Administrative Officer
of the House of Representatives in the case of an
indebtedness to the House of Representatives and to the
Secretary of the Senate in the case of an indebtedness to
the Senate, and such latter officials are authorized and
directed, respectively, to deduct from any salary, mileage,
or expense money due to any such delinquent such certified
amounts or so much thereof as the balance or balances due
such delinquent may cover. Sums so deducted by the Secretary
of the Senate shall be disposed of by him in accordance with
existing law and sums so deducted by the Chief
Administrative Officer of the House of Representatives shall
be disposed of by him in accordance with existing law. (June
19, 1934, ch. 648, Title I, Sec. 1, 48 Stat. 1024; Aug. 20,
1996, Pub.L. 104-186, Title II, Sec. 203(8), 110 Stat.
1726.)
327 Sec. 42a. Special delivery postage allowance for President
of the Senate.
The Secretary of the Senate is authorized and directed
to procure and furnish each fiscal year (commencing with the
fiscal year ending September 30, 1982) to the President of
the Senate, upon request by such person, United States
special delivery postage stamps in such amount as may be
necessary for the mailing of postal matters arising in
connection with his official business. (Pub.L. 97-51,
Sec. 127(a)(1), Oct. 1, 1981, 95 Stat. 965.)
328 Sec. 43d. Organizational expenses of Senator-elect.
(a) Appointment of employees by Secretary of Senate to
assist; termination of employment
Upon the recommendation of a Senator-elect (other than
an incumbent Senator or a Senator elected to fill a
vacancy), the Secretary of the Senate shall appoint two
employees to assist such Senator-elect. Any employee so
appointed shall serve through the day before the date on
which the Senator-elect recommending his appointment
commences his
[[Page 288]]
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.
[[Page 289]]
(2) Amounts reimbursed to a Senator-elect under this
subsection shall be charged against the amount of expenses
which are authorized to be paid to him or on his behalf
under section 58 of this title, for each of the twelve
months beginning with the month in which his service as a
Senator commences (until all of such amounts have been
charged) by whichever of the following amounts is greater:
(1) one-twelfth of the amounts so reimbursed, or (2) the
amount by which the aggregate amount authorized to be so
paid under section 58(c) of this title as of the close of
such month exceeds the aggregate amount actually paid under
such section 58 as of the close of such month.
(e) Effective date
This section shall take effect on October 1, 1978.
(Pub.L. 95-355, Title I, Sec. 105, Sept. 8, 1978, 92 Stat.
534; Pub.L. 104-197, Title I, Sec. 2, Sept. 16, 1996, 110
Stat. 2397.)
329 Sec. 46a. Stationery allowance for President of the Senate.
Effective April 1, 1975, and each fiscal year
thereafter, the annual allowance for stationery for the
President of the Senate shall be $8,000. (July 1, 1941, ch.
268, 55 Stat. 450; June 13, 1945, ch. 189, 59 Stat. 244;
June 14, 1948, ch. 467, 62 Stat. 425; Oct. 11, 1951, ch.
485, 65 Stat. 391; Aug. 1, 1953, ch. 304, Title I, 67 Stat.
320; Aug. 5, 1955, ch. 568, 69 Stat. 504; Jan. 6, 1964,
Pub.L. 88-258, Title IV, 77 Stat. 864; May 29, 1967, Pub.L.
90-21, Title I, 81 Stat. 38; Dec. 12, 1969, Pub.L. 91-145,
83 Stat. 342; July 9, 1971, Pub.L. 92-51, 85 Stat. 128; Dec.
15, 1971, Pub.L. 92-184, Ch. IV, 85 Stat. 635; Oct. 31,
1972, Pub.L. 92-607, Sec. 506(k)(3), 86 Stat. 1508; June 12,
1975, Pub.L. 94-32, Title I, Ch. VII, 89 Stat. 182; Feb. 20,
2003, Pub.L. 108-7, Div. H, Title I, Sec. 2(a), 117 Stat.
349.)
330 Sec. 46a.-1. Senate revolving fund for stationery
allowances; availability of unexpended balances;
withdrawals.
There is established within the Contingent Fund of the
Senate a revolving fund which shall consist of (1) the
unexpended balance of the appropriation ``Contingent
Expenses, Senate, Stationery, fiscal year 1957'', (2) any
amounts hereafter appropriated for stationery allowances of
the President of the Senate, and for stationery for use of
officers of the Senate and the Conference of the Majority
and the Conference of the Minority of the Senate, and (3)
any undeposited amounts heretofore received, and any amounts
hereafter received as proceeds of sales by the stationery
room of the Senate. Any moneys in the fund shall be
available until expended for use in the same manner and for
the same purposes as funds heretofore appropriated to the
Contingent Fund 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.)
[[Page 290]]
331 Sec. 46d.-1. Long-distance telephone calls for Vice
President.
Commencing January 20, 1949, the provisions of existing
law relating to long-distance telephone calls for Senators
shall be equally applicable to the Vice President of the
United States. (May 24, 1949, Ch. 138, Title I, 63 Stat.
77.)
332 Sec. 47. Mode of payment.
The compensation of Members and Delegates shall be
passed as public accounts, and paid out of the public
Treasury. (R.S. Sec. 46.)
333 Sec. 48. Certification of salary and mileage accounts.
Salary and mileage accounts of Representatives and
Delegates shall be certified by the Speaker of the House of
Representatives; and such certificates shall be conclusive
upon all the departments and officers of the Government.
(R.S. Sec. Sec. 47, 48; July 28, 1866, c. 296, Sec. 17, 14
Stat. 323; Jan. 20, 1874, c. 11, 18 Stat. 4; Dec. 8, 2004,
Pub.L. 108-447, Div. G, Title I, Sec. 11, 118 Stat. 3171.)
334 Sec. 51. Monuments to deceased Senators or House Members.
Whenever any deceased Senator or Member of the House of
Representatives shall be actually interred in the
Congressional Cemetery, so-called, it shall be the duty of
the Sergeant at Arms of the Senate, in the case of a
Senator, and of the Sergeant of Arms of the House of
Representatives, in the case of a Member of the House, to
have a monument erected, of granite, with suitable
inscriptions, and the cost of the same shall be a charge
upon and paid out either from the contingent funds of the
Senate or of the House of Representatives, to whichever the
deceased may have belonged, and any existing omissions of
monuments or inscriptions, as aforesaid, are directed and
authorized to be supplied in like manner. (May 23, 1876, c.
103, 19 Stat.54.)
335 Sec. 55. United States Code Annotated or United States Code
Service; procurement for Senators.
In lieu of the volumes of the Code of Laws of the United
States, and the supplements thereto, supplied a Senator
under section 212 of Title 1, the Secretary of the Senate is
authorized and directed to supply to a Senator upon written
request of, and as specified by, that Senator--
(1) one copy of each of the volumes of the
United States Code Annotated being published at
the time the Senator takes office, and, as long
as that Senator holds office, one copy of each
replacement volume, each annual pocket part, and
each pamphlet supplementing each such pocket
part to the United States Code Annotated; or
(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
sup
[[Page 291]]
plied are to be for his exclusive, personal use. A Senator
holding office on July 9, 1971, shall be entitled to file a
written request and receive the volumes, pocket parts, and
supplements, as the case may be, referred to in this
paragraph if such request is filed within 60 days after July
9, 1971. Expenses incurred under this authorization shall be
paid from the contingent fund of the Senate. (Pub.L. 92-51,
July 9, 1971, 85 Stat. 129; Pub.L. 92-607, Ch. V, Oct. 31,
1972, 86 Stat. 1504.)
336 Sec. 58. Mail, telegraph, telephone, stationery, office
supplies, and home State office and travel expenses for
Senators.
(a) Authorization for payment from Senate contingent fund
The contingent fund of the Senate is made available for
payment (including reimbursement) to or on behalf of each
Senator, upon certification of the Senator, for the
following expenses incurred by the Senator and his staff:
(1) telecommunications equipment and
services subject to such regulations as may be
promulgated by the Committee on Rules and
Administration of the Senate;
(2)(A) stationery and other office supplies
procured for use for official business, and
(B) metered charges for use of copying
equipment provided by the Sergeant at Arms and
Doorkeeper of the Senate;
(3)(A) [Repealed. (Pub.L. 101-520, Title I,
Sec. 11, Nov. 5, 1990, 104 Stat. 2260.)]
(B) postage on, and fees and charges in
connection with official mail matter sent
through the mail other than the franking
privilege upon certification by the Senate
Sergeant at Arms and subject to such regulations
as may be promulgated by the Committee on Rules
and Administration, and
(C) costs incurred in the preparation of
required official reports, and the acquisition
of mailing lists to be used for official
purposes and in the mailing, delivery, or
transmitting of matters relating to official
business;
(4) official office expenses incurred (other
than for equipment and furniture and expenses
described in paragraphs (1) through (3)) for an
office in his home State;
(5) expenses incurred for publications
printed or recorded in any way for auditory and
visual use (including subscriptions to books,
newspapers, magazines, clipping, and other
information services);
(6) subject to the provisions of subsection
(e) of this section, reimbursement of travel
expenses incurred by the Senator and employees
in his office;
(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
[[Page 292]]
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,
[[Page 293]]
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.
[[Page 294]]
(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
[[Page 295]]
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,
[[Page 296]]
101 Stat. 815; Sec. Sec. 8(a), 13, 14(a), 102 Stat. 2162;
Pub.L. 101-163, Title I, Sec. 5(a), Nov. 21, 1989, 103 Stat.
1045; Pub.L. 101-520, Title I, Sec. Sec. 4(c), 8, 9(a), 11,
Title III, Sec. 311(h)(2), Nov. 5, 1990, 104 Stat. 2258 to
2260, 2280; Pub.L. 102-90, Sec. 7(a), Aug. 14, 1991, 105
Stat. 451; Pub.L. 105-55, Title I, Sec. 3(a), Oct. 7, 1997,
111 Stat. 1180; Pub.L. 105-275, Title I, Sec. 1, Oct. 21,
1998, 112 Stat. 2432; Pub.L. 106-57, Title I, Sec. 1(a),
(b), Sept. 29, 1999, 113 Stat. 410, 411.)
337 Sec. 58a. Telecommunications services for Senators; payment
of costs out of contingent fund.
The Sergeant at Arms and Doorkeeper of the Senate shall
furnish each Senator local and long-distance
telecommunications services in Washington, District of
Columbia, and in such Senator's State in accordance with
regulations prescribed by the Senate Committee on Rules and
Administration; and the costs of such service shall be paid
out of the contingent fund of the Senate from moneys made
available to him for that purpose. (Pub.L. 98-181,
Sec. 1205(a), Nov. 30, 1983, 97 Stat. 1290; Pub.L. 99-65,
Sec. 1(b), July 12, 1985, 99 Stat. 163; Pub.L. 99-439, Oct.
2, 1986, 100 Stat. 1085.)
338 Sec. 58a.-1. Payment for telecommunications equipment and
services; definitions.
As used in sections 58a-1 to 58a-3 of this title, the
term--
(1) ``Sergeant at Arms'' means the Sergeant
at Arms and Doorkeeper of the United States
Senate; and
(2) ``user'' means any Senator, Officer of
the Senate, Committee, office, or entity
provided telephone equipment and services by the
Sergeant at Arms. (Pub.L. 100-123, Sec. 1, Oct.
5, 1987, 101 Stat. 794.)
339 Sec. 58a-2. Certification of telecommunications equipment
and
services as official.
(a) Regulations issues by Committee on Rules and
Administration
Subject to such regulations as may hereafter be issued
by the Committee on Rules and Administration of the Senate,
the Sergeant at Arms shall have the authority, with respect
to telephone equipment and services provided to any user on
a reimbursable basis (including repair or replacement),
solely for the purposes of this section, to make such
certification as may be necessary to establish such services
and equipment as official, issue invoices in conjunction
therewith, and receive payment for such services and
equipment by certification, voucher, or otherwise.
(b) Equipment and services provided on reimbursable basis
For purposes of sections 58a-1 to 58a-3 of this title,
telephone equipment and services provided to any user for
which payment, prior to October 1, 1987, was not authorized
from the contingent fund of the Senate shall, on and after
October 1, 1987, be considered telephone equipment and
services provided on a reimbursable basis for which payment
may be obtained from such fund in accordance with subsection
(a) of this section.
[[Page 297]]
(c) Establishment of reasonable charges
Subject to the approval of the Committee on Rules and
Administration, the Sergeant at Arms may establish
reasonable charges for telephone equipment and services
provided to any user which may be in addition to that
regularly authorized by the Committee.
(d) Disposition of moneys received
All moneys, derived from payments for telephone
equipment and services provided from funds from the
Appropriation Account within the contingent fund of the
Senate for ``Contingent Expenses, Sergeant at Arms and
Doorkeeper of the Senate'' under the line item for
Telecommunications (including receipts from carriers and
others for loss or damage to such services or equipment for
which repair or replacement has been provided by the
Sergeant at Arms), and all other moneys received by the
Sergeant at Arms as charges or commissions for telephone
services, shall be deposited in and made a part of such
Appropriation Account and under such line item, and shall be
available for expenditure or obligation, or both, in like
manner and subject to the same limitations as any other
moneys in such account and under such line item.
(e) Committee authority to classify or reclassify equipment
and services
Nothing in sections 58a-1 to 58a-3 of this title shall
be construed as limiting or otherwise affecting the
authority of the Committee on Rules and Administration of
the Senate to classify or reclassify telephone equipment and
services provided to any user as equipment or services for
which reimbursement may or may not be required. (Pub.L. 100-
123, Sec. 2, Oct. 5, 1987, 101 Stat. 794; Pub.L. 101-163,
Title I, Sec. 3, Nov. 21, 1989, 103 Stat. 1044.)
340 Sec. 58a-3. Report on telecommunications to Committee on
Rules and Administration.
The Sergeant at Arms shall report to the Committee on
Rules and Administration of the Senate, at such time or
times, and in such form and manner, as the Committee may
direct, on expenditures made, and revenues received,
pursuant to sections 58a-1 to 58a-3 of this title. It shall
be the function of the Sergeant at Arms to advise the
Committee, as soon as possible, of any dispute regarding
payments to and from such Appropriation Account as related
to the line item for Telecommunications, including any
amounts due and unpaid by any user, if any such dispute has
remained unresolved for a period of at least 60 days.
(Pub.L. 100-123, Sec. 3, Oct. 5, 1987, 101 Stat. 795.)
341 Sec. 58a-4. Metered charges on copiers; ``Sergeant at Arms''
and ``user'' defined; certification of services and
equipment as
official; deposit of payments; availability for
expenditure.
(a) As used in this section, the term--
(1) ``Sergeant at Arms'' means the Sergeant
at Arms and Doorkeeper of the United States
Senate; and
(2) ``user'' means any Senator, Officer of
the Senate, Committee, office, or entity
provided copiers by the Sergeant at Arms.
(b)(1) Subject to such regulations as may on and after
November 5, 1990, be issued by the Committee on Rules and
Administration of
[[Page 298]]
the Senate, the Sergeant at Arms shall have the authority,
with respect to metered charges on copying equipment
provided by the Sergeant at Arms, solely for the purposes of
this section, to make such certification as may be necessary
to establish such services and equipment as official, issue
invoices in conjunction therewith, and receive payment for
such services and equipment by certification, voucher, or
otherwise.
(2) All moneys, derived from the payment of metered
charges on copying equipment provided from funds from the
Appropriation Account within the contingent fund of the
Senate for ``Contingent Expenses, Sergeant at Arms and
Doorkeeper of the Senate'' under the line item for the
Service Department, shall be deposited in and made a part of
such Appropriation Account and under such line item, and
shall be available for expenditure or obligation, or both,
in like manner and subject to the same limitations as any
other moneys in such account and under such line item.
(Pub.L. 101-520, Title I, Sec. 4(a), (b), Nov. 5, 1990, 104
Stat. 2257.)
342 Sec. 58b. Repealed (Pub.L. 100-137, Sec. 2, October 21,
1987, 101 Stat. 819).
343 Sec. 58c. Senators' Official Personnel and Office Expense
Account.
(1) Effective January 1, 1988, there shall be, within
the contingent fund of the Senate, a separate appropriation
account to be known as the ``Senators' Official Personnel
and Office Expense Account'' (hereinafter in this section
referred to as the ``Senators' Account'').
(2) The Senators' Account shall be used for the funding
of all items, activities, and expenses which, immediately
prior to January 1, 1988, were funded under either (A) the
Senate appropriation account for ``Administrative, Clerical,
and Legislative Assistance Allowance to Senators''
(hereinafter in this section referred to as the ``Senators'
Clerk Hire Allowance Account'') under the headings
``SENATE'' and ``Salaries, Officers and Employees'', or (B)
that part of the account, within the contingent fund of the
Senate, for ``Miscellaneous Items'' (hereinafter in this
section referred to as the ``Senators' Official Office
Expense Account'') which is available for allocation to
Senatorial Official Office Expense Accounts. In addition,
the Senators' Account shall be used for the funding of
agency contributions payable with respect to compensation
payable by such account, but moneys appropriated to such
account for this purpose shall not be available for any
other purpose. The account, which in clause (A) of the first
sentence of this paragraph is identified as the ``Senators'
Clerk Hire Allowance Account'' and the account, which in
clause (B) of such sentence is identified as the ``Senators'
Official Office Expense Account'' shall, when referred to in
other law, rule, regulation, or order (whether referred to
by such name or any other) shall 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,
[[Page 299]]
for which funds therein had been obligated, but not paid,
prior to such transfer.
(B) Any of the funds transferred to the Senators'
Account from the Senators' Clerk Hire Allowance Account
pursuant to subparagraph (A) which, prior to such transfer,
had been obligated, but not expended, for any authorized
item, activity, or expense, shall be available to pay for
such item, activity, or expense in like manner as if such
transfer had not been made.
(4) On January 1, 1988, there shall be transferred to
the Senators' Account, from the appropriation account for
``Agency Contributions'', under the headings ``SENATE'' and
``Salaries, Officers and Employees'', so much of the moneys
in such account as was appropriated for the purpose of
making agency contributions for administrative, clerical,
and legislative assistance to Senators with respect to
compensation payable for the period commencing January 1,
1988, and ending September 30, 1988; and the moneys so
transferred shall be available only for the payment of such
agency contributions with respect to such compensation.
(5) Vouchers shall not be required for the disbursement,
from the Senators' Account, of salaries of employees in the
office of a Senator.
(6) Effective on and after October 1, 1997, the
Senators' account shall be available for the payment of
franked mail expenses of Senators.
(Pub.L. 100-137, Sec. 1(a), Oct. 21, 1987, 101 Stat. 814,
815; Pub.L. 105-55 Title I, Sec. 3(b), Oct. 7, 1997, 111
Stat. 1180.)
344 Sec. 58c-1. Repealed (Public Law 105-55, Title I,
Sec. 3(c)(1), Oct. 7, 1997, 111 Stat. 1180).
345 Sec. 59. Home State office space for Senators; lease of
office space.
(a) Procurement by Sergeant at Arms of Senate in places
designated by Senator; places subject to use; lease of
office space
(1) The Sergeant at Arms of the Senate shall secure for
each Senator office space suitable for the Senator's
official use in places designated by the Senator in the
State he represents. That space shall be secured in post
offices or other Federal buildings at such places. In the
event suitable office space is not available in post offices
or other Federal buildings, the Sergeant at Arms shall
secure other office space in those places.
(2) The Senator may lease, on behalf of the United
States Senate, the office space so secured for a term not
extending beyond the term of office which he is serving on
the first day of such lease, except that, in the case of a
Senator whose term of office is expiring and who has been
elected for another term, such lease may extend until the
end of the term for which he has been so elected. Each such
lease shall contain a provision permitting its cancellation
upon sixty days written notice by the Sergeant at Arms and
Doorkeeper of the Senate, in the event of the death or
resignation of the Senator. A copy of each such lease shall
be furnished to the Sergeant at Arms. Nothing in this
paragraph shall be construed to require the Sergeant at Arms
to enter into or execute any lease for or on behalf of a
Senator.
[[Page 300]]
(b) Maximum amount of aggregate square feet for each Senator
The aggregate square feet of office space secured for
Senator shall not at any time exceed--
(1) 5,000 square feet if the population of
the State of the Senator is less than 3,000,000;
(2) 5,200 square feet if such population is
3,000,000 but less than 4,000,000;
(3) 5,400 square feet if such population is
4,000,000 but less than 5,000,000;
(4) 5,800 square feet if such population is
5,000,000 but less than 7,000,000;
(5) 6,200 square feet if such population is
7,000,000 but less than 9,000,000;
(6) 6,400 square feet if such population is
9,000,000 but less than 10,000,000;
(7) 6,600 square feet if such population is
10,000,000 but less than 11,000,000;
(8) 6,800 square feet if such population is
11,000,000 but less than 12,000,000;
(9) 7,000 square feet if such population is
12,000,000 but less than 13,000,000;
(10) 7,400 square feet if such population is
13,000,000 but less than 15,000,000;
(11) 7,800 square feet if such population is
15,000,000 but less than 17,000,000; or
(12) 8,200 square feet if such population is
17,000,000 or more.
(c) Maximum annual rental rate; maximum aggregate amount for
acquisition of furniture, equipment, and other office
furnishings
(1) The maximum annual rate that may be paid for the
rental of an office secured for a Senator not in a post
office or other Federal building shall not exceed the
highest rate per square foot charged Federal agencies on the
first day of the lease of such office by the Administrator
of General Services, based upon a 100 percent building
quality rating, for office space located in the place in
which the Senator's office is located, multiplied by the
number of square feet contained in that office used by the
Senator and his employees to perform their duties.
(2) The aggregate amount that may be paid for the
acquisition of furniture, equipment, and other office
furnishings heretofore provided by the Administrator of
General Services for one or more offices secured for the
Senator is $40,000 if the aggregate square feet of office
space is not in excess of 5,000 square feet. Such amount is
increased by $1,000 for each authorized additional
incremental increase in office space of 200 square feet.
Effective beginning with the 106th Congress, the aggregate
amount in effect under this paragraph for any Congress shall
be increased by the inflation adjustment factor for the
calendar year in which the Congress begins. For purposes of
the preceding sentence, the inflation adjustment factor for
any calendar year is a fraction the numerator of which is
the implicit price deflator for the gross domestic product
as computed and published by the Department of Commerce for
the preceding calendar year and the denominator of which is
such deflator for the calendar year 1998.
[[Page 301]]
(d) Senators subject to maximum amount of aggregate square
feet and maximum annual rental rate
(1) Notwithstanding subsection (b) of this section, the
aggregate square feet of office space secured for a Senator
who is a Senator on July 1, 1974, shall not at any time
exceed, as long as he continuously serves as a Senator, the
greater of--
(A) the applicable square footage limitation
of such subsection; or
(B) the total square footage of those
offices that the Senator has on such date and
which are continuously maintained in the same
buildings in which such offices were located on
such date.
(2) The provisions of subsection (c) of this section do
not apply to any office that a Senator has on July 1, 1974,
not in a post office or other Federal building, as long as--
(A) that Senator continuously serves as a
Senator; and
(B) that office is maintained in the same
building in which it was located on such date
and contains not more than the same number of
square feet it contained on such date.
(e) Omitted
(f) Mobile office
(1) Subject to the provisions of paragraphs (2), (3),
(4), and (5), a Senator may lease one mobile office for use
only in the State he represents and the contingent fund of
the Senate is available for the rental payments (including
by way of reimbursement) made under such lease together with
the actual nonpersonnel cost of operating such mobile
office. The term of any such lease shall not exceed 3 years.
A copy of each such lease shall be furnished to the Sergeant
at Arms of the Senate.
(2) The maximum aggregate annual rental payments and
operating costs (except furniture, equipment, and
furnishings) that may be paid to a Senator under paragraph
(1) shall not at any time exceed an amount determined by
multiplying (A) the highest applicable rate per square foot
charged Federal agencies by the Administrator of General
Services in the State which that Senator represents, based
upon a 100 percent building quality rating, by (B) the
maximum aggregate square feet of office space to which that
Senator is entitled under subsection (b) of this section
reduced by the number of square feet contained in offices
secured for that Senator under subsection (a) of this
section and used by that Senator and his employees to
perform their duties.
(3) No payment shall be made under paragraph (1) for
rental payments and operating costs of a mobile office of a
Senator unless the following provisions are included in its
lease:
(A) Liability insurance in the amount of
$1,000,000 shall be provided with respect to the
operation and use of such mobile office.
(B) Either of the following inscriptions
shall be clearly visible on three sides of such
mobile office in letters not less than three
inches high:
[[Page 302]]
``UNITED STATES GOVERNMENT VEHICLE
``FOR OFFICIAL USE ONLY'';
Or
``MOBILE OFFICE OF SENATOR
``FOR OFFICIAL USE ONLY''
----------
The Committee on Rules and Administration of
the Senate may prescribe regulations to waive or
modify the requirement under subparagraph (B) if
such waiver or modification is necessary to
provide for the public safety of a Senator and
the Senator's staff and constituents.
(4) No payment shall be made under paragraph
(1) for rental payments and operating costs of a
mobile office of a Senator which are
attributable to or incurred during the 60-day
period ending with the date of any primary or
general election (whether regular, special, or
runoff) in which that Senator is a candidate for
public office, unless his candidacy in such
election is uncontested.
(5) Payment under paragraph (1) shall be
made on a monthly basis and shall be paid upon
vouchers approved by the Sergeant at Arms of the
Senate.
(g) Effective date
This section is effective on and after July 1, 1974.
(Pub.L. 93-371, Sec. 3, Aug. 13, 1974, 88 Stat. 428; Pub.L.
94-32, Title I, Sec. 4, June 12, 1975, 89 Stat. 183; Pub.L.
94-59, Title I, Sec. Sec. 106(a), 107, July 25, 1975, 89
Stat. 276; Pub.L. 95-26, Title I, Sec. 105, May 4, 1977, 91
Stat. 83; Pub.L. 95-94, Title I, Sec. 112(d), Aug. 5, 1977,
91 Stat. 664; Pub.L. 96-304, Title I, Sec. 109, July 8,
1980, 94 Stat. 890; Pub.L. 99-88, Title I, Sec. 194, Aug.
15, 1985, 99 Stat. 349; Pub.L. 102-27, Title II, Apr. 10,
1991, 105 Stat. 144; Pub.L. 102-90, Title I, Sec. 7(b), Aug.
14, 1991, 105 Stat. 451; Pub.L. 104-197, Title I, Sec. 3,
Sept. 16, 1996, 110 Stat. 2397; Pub.L. 106-57, Title I,
Sec. 3, Sept. 29, 1999, 113 Stat. 411; Pub.L. 108-7, Div. H,
Title I, Sec. 4(a), Feb. 20, 2003, 117 Stat. 349.)
346 Sec. 59-1. Additional home State office space for Senators.
(a) Presidential declaration of disaster or emergency
Notwithstanding any other provision of law or
regulation, with the approval of the Committee on Rules and
Administration of the Senate, the Sergeant at Arms and
Doorkeeper of the Senate is authorized to provide additional
facilities, services, equipment, and office space for use by
a Senator in that Senator's State in connection with a
disaster or emergency declared by the President under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act [42 U.S.C.A. Sec. 5121 et seq.]. Expenses incurred by
the Sergeant at Arms and Doorkeeper of 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
[[Page 303]]
with the approval of the Committee on Rules and
Administration of the Senate.
(b) Effective date
This section is effective on and after June 12, 1997.
(Pub.L. 105-18, Title II, Sec. 7002, June 12, 1997, 111
Stat. 192.)
347 Sec. 59b. Purchase of office equipment or furnishings by
Senators.
(a) Authorization; conditions
Notwithstanding any other provision of law, a United
States Senator may purchase, upon leaving office or
otherwise ceasing to be a Senator (except by expulsion), any
item or items of office equipment or office furnishings
provided by the General Services Administration and then
currently located and in use in an office of such Senator in
the State then represented by such Senator.
(b) Request by Senator and arrangement for purchase by
Sergeant at Arms of Senate; regulations governing
purchase; price
At the request of any United States Senator, the
Sergeant at Arms of the Senate shall arrange for and make
the purchase of equipment and furnishings under subsection
(a) of this section on behalf of such Senator. Each such
purchase shall be--
(1) in accordance with regulations which
shall be prescribed by the Committee on Rules
and Administration of the Senate, after
consultation with the General Services
Administration; and
(2) at a price equal to the acquisition cost
to the Federal Government of the equipment or
furnishings so purchased, less allowance for
depreciation determined under such regulations,
but in no instance less than the fair market
value of such items.
(c) Remittance of amounts received to General Services
Administration; disposition
Amounts received by the Federal Government from the sale
of items of office equipment or office furnishings under
this section shall be remitted to the General Services
Administration and credited to the appropriate account or
accounts. (Pub.L. 93-462, Sec. 2, Oct. 20, 1974, 88 Stat.
1388.)
348 Sec. 59d-1 Transportation of official records and papers to
a Senator's State.
(a) Payment of reasonable transportation expenses
Upon request of a Senator, amounts in the appropriation
account ``Miscellaneous Items'' within the contingent fund
of the Senate shall be available to pay the reasonable
expenses of sending or transporting the official records and
papers of the Senator from the District of Columbia to any
location designated by such Senator in the State represented
by the Senator.
(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
[[Page 304]]
timely delivery of the records and papers to the location
specified by the Senator.
(c) Oversight
The Committee on Rules and Administration shall have the
authority to issue rules and regulations to carry out the
provisions of this section.
(d) Official records defined
In this section, the term ``official records and
papers'' means books, records, papers, and official files
which could be sent as franked mail.
(e) Effective date
This section shall apply with respect to fiscal year
2005 and each succeeding fiscal year. (Pub.L. 108-447, Div.
G, Title I, Sec. 7, Dec. 8, 2004, 118 Stat. 3170.)
349 Sec. 59e. Official mail of persons entitled to use the
congressional frank.
(a) Congressional committee regulations for expenditure of
appropriations for official mail
Except as otherwise provided in this section, funds
appropriated by this Act or any other Act for expenses of
official mail of any person entitled to use the
congressional frank may be expended only in accordance with
regulations prescribed by the Committee on Rules and
Administration of the Senate or the Committee on House
Oversight of the House of Representatives, as applicable.
Such regulations shall require--
(1) individual accountability for use of
official mail by each person entitled to use the
congressional frank;
(2)(A) with respect to the House of
Representatives, allocation of funds for
official mail to be made to each such person
with respect to each session of Congress (with
no transfer to any other session or to any other
such person); and
(B) with respect to the Senate, allocation
of funds for official mail to be made to each
such person with respect to each session of
Congress (with no transfer to any other session,
other than transfers from the first session of a
Congress to the second session of that Congress,
or to any other such person); and
(3) with respect to the House of
Representatives, that in addition to any other
report or information made available to the
public (through the House Commission on
Congressional Mailing Standards or otherwise)
regarding the use of the frank, the Chief
Administrative Officer of the House of
Representatives shall include in the quarterly
report of receipts and expenditures submitted to
the House of Representatives a statement (based
solely on data provided for that purpose by the
Committee on House Oversight of the House of
Representatives and the House Commission on
Congressional Mailing Standards) of costs
incurred for official mail by each person
entitled to use the congressional frank.
(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--
[[Page 305]]
(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)
[[Page 306]]
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.)
[[Page 307]]
350 Sec. 59f. Mass mailings by Senate offices; quarterly
statements;
publication of summary tabulations.
Two weeks after the close of each calendar quarter, or
as soon as practicable thereafter, the Sergeant at Arms and
Doorkeeper of the Senate shall send to each Senate office a
statement of the cost of postage and paper and of the other
operating expenses incurred as a result of mass mailings
processed for such Senate office during such quarter. The
statement shall separately identify the cost of postage and
paper and other costs, and shall distinguish the costs
attributable to newsletters and all other mass mailings. The
statement shall also include the total cost per capita in
the State. A compilation of all such statements shall be
sent to the Senate Committee on Rules and Administration. A
summary tabulation of such information shall be published
quarterly in the Congressional Record and included in the
semiannual report of the Secretary of the Senate. Such
summary tabulation shall set forth for each Senate office
the following information: the Senate office's name, the
total number of pieces of mass mail mailed during the
quarter, the total cost of such mail, and, in the case of
Senators, the cost of such mail divided by the total
population of the State from which the Senator was elected,
and the total number of pieces of mass mail divided by the
total population of the State from which the Senator was
elected, and in the case of each Senator, the allocation
made to such Senator from the appropriation for official
mail expenses. (Pub.L. 101-520, Title III, Sec. 318, Nov. 5,
1990, 104 Stat. 2283; Pub.L. 103-283, Sec. 3(b), July 22,
1994, 108 Stat. 1427.)
351 Sec. 59g. Mass mailing of information under frank; quarterly
registration with Secretary of Senate.
In fiscal year 1991 and thereafter, when a Senator
disseminates information under the frank by a mass mailing
(as defined in section 3210(a)(6)(E) of Title 39), the
Senator shall register quarterly with the Secretary of the
Senate such mass mailings. Such registration shall be made
by filing with the Secretary a copy of the matter mailed and
providing, on a form supplied by the Secretary, a
description of the group or groups of persons to whom the
mass mailing was mailed and the number of pieces mailed.
(Pub.L. 101-520, Title III, Sec. 320, Nov. 5, 1990, 104
Stat. 2285.)
Chapter 4.--OFFICERS AND EMPLOYEES OF SENATE AND HOUSE OF
REPRESENTATIVES
352 Sec. 60-1. Authority of officers of Congress over
Congressional
employees.
(a) Qualifications determinations; removal and discipline
Each officer of the Congress having responsibility for
the supervision of employees, including employees appointed
upon recommendation of Members of Congress, shall have
authority--
(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
[[Page 308]]
(2) to remove or otherwise discipline any
employee under his supervision.
(b) ``Officer of the Congress'' defined
As used in this section, the term ``officer of the
Congress'' means--
(1) an elected officer of the Senate or
House of Representatives who is not a Member of
the Senate or House; and
(2) the Architect of the Capitol. (Pub.L.
91-510, Sec. 431, Oct. 26, 1970, 84 Stat. 1190.)
353 Sec. 60-2. Amendment to Senate conflict of interest rule.\1\
\1\See Standing Rule XXXVII.
(a) Except as provided by subsection (b) of this
section, any employee of the Senate who is required to file
a report pursuant to Senate rules shall refrain from
participating personally and substantially as an employee of
the Senate in any contact with any agency of the executive
or judicial branch of Government with respect to non-
legislative matters affecting any non-governmental person in
which the employee has a significant financial interest.
(b) Subsection (a) of this section shall not apply if an
employee first advises his supervisor of his significant
financial interest and obtains from such supervisor a
written waiver stating that the participation of the
employee is necessary. A copy of each such waiver shall be
filed with the Select Committee. (Pub.L. 101-194, Title IX,
Sec. 903, Nov. 30, 1989, 103 Stat. 1781.)
354 Sec. 60a-1. Senate pay adjustments; action by President pro
tempore of Senate.
(a) Each time the President adjusts the rates of pay of
employees under section 5303 of Title 5 (or section 5304 or
5304a of such title, as applied to employees employed in the
pay locality of the Washington, D.C.-Baltimore, Maryland
consolidated metropolitan statistical area) the President
pro tempore of the Senate shall, as he considers
appropriate--
(1)(A) adjust the rates of pay of personnel
whose pay is disbursed by the Secretary of the
Senate, and any minimum or maximum rate
applicable to any such personnel; or
(B) in the case of such personnel whose
rates of pay are fixed by or pursuant to law at
specific rates, adjust such rates (including the
adjustment of such specific rates to maximum pay
rates) and, in the case of all other personnel
whose pay is disbursed by the Secretary of the
Senate, adjust only the minimum or maximum rates
applicable to such other personnel; and
(2) adjust any limitation or allowance
applicable to such personnel;
by percentages which are equal or equivalent, insofar as
practicable and with such exceptions as may be necessary to
provide for appropriate pay relationships between positions,
to the percentages of the adjustments made by the President
under such section 5303 (and, as the case may be, section
5304 or 5304a of such title, as applied to employees
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 De
[[Page 309]]
cember 31, 1986, between personnel and Senators and between
positions. Such rates, limitations, and allowances adjusted
by the President pro tempore shall become effective on the
first day of the month in which any adjustment becomes
effective under such section 5303 or section 3(c) of this
Act.
(b) The adjustments made by the President pro tempore
shall be made in such manner as he considers advisable and
shall have the force and effect of law.
(c) Nothing in this section shall impair any authority
pursuant to which rates of pay may be fixed by
administrative action.
(d) No rate of pay shall be adjusted under the
provisions of this section to an amount in excess of the
rate of basic pay for level III of the Executive Schedule
contained in section 5314 of Title 5, except in cases in
which it is necessary to restore and maintain the same pay
relationships that existed on December 31, 1986, between
personnel and Senators and between positions.
(e) Any percentage used in any statute specifically
providing for an adjustment in rates of pay in lieu of an
adjustment made under section 5303 of Title 5, and, as the
case may be, section 5304 or 5304a of such title for any
calendar year shall be treated as the percentage used in an
adjustment made under such section 5303, 5304, or 5304a, as
applicable, for purposes of subsection (a).
(f) For purposes of this section, the term ``personnel''
does not include any Senator. (Pub.L. 91-656, Sec. 4, Jan.
8, 1971, 84 Stat. 1952, Pub.L. 92-298, Sec. 3(a), May 17,
1972, 86 Stat. 146; Pub.L. 92-392, Sec. 14(a), Aug. 19,
1972, 86 Stat. 575; Pub.L. 94-82; Title II, Sec. 204(d),
Aug. 9, 1975, 89 Stat. 422; Pub.L. 100-202, Sec. 101(i)
[Title III, Sec. 311(a), (b)], Dec. 22, 1987, 101 Stat.
1329-310; Pub.L. 101-509, Title V, Sec. 529 [Title I,
Sec. 101(b)(4)(E)], Nov. 5, 1990, 104 Stat. 1440; Pub.L.
106-554, Sec. 1(a)(2) [Title 1, Sec. 2], Dec. 21, 2000, 114
Stat. 2763, 2763A-96.)
355 Sec. 60a-1a. Rates of compensation paid by Secretary of
Senate;
applicability of Senate pay adjustments by President pro
tempore of Senate.
No provision of this Act or of any Act enacted after
October 1, 1976, which specifies a rate of compensation
(including a maximum rate) for any position or employee
whose compensation is disbursed by the Secretary of the
Senate shall, unless otherwise specifically provided
therein, be construed to affect the applicability of section
60a-1 of this title to such rate. (Pub.L. 94-440, Title I,
Sec. 107, Oct. 1, 1976, 90 Stat. 1444.)
356 Sec. 60a-1b. Senate pay adjustments; action by President pro
tempore of Senate.
(a) Whenever, after November 5, 1990, there is an
adjustment in rates of pay for Senators (other than an
adjustment which occurs by virtue of an adjustment under
section 5303 of Title 5 in rates of pay under the General
Schedule), the President pro tempore of the Senate may,
notwithstanding any other provision of law, rule, or
regulation, adjust the rate of pay (and any minimum or
maximum rate, limitation, 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.
[[Page 310]]
(b) Adjustments made by the President pro tempore under
this section shall be made in such manner as he considers
advisable and shall have the force and effect of law.
(Pub.L. 101-520, Title III, Sec. 315, Nov. 5, 1990, 104
Stat. 2283; Pub.L. 102-90, Title III, Sec. 308, Aug. 14,
1991, 105 Stat. 466.)
357 Sec. 60c-1. Vice President, Senators, officers, and
employees paid by Secretary of Senate; payment of
salary; advance payment.
The compensation of the Vice President, Senators, and
officers and employees, whose compensation is disbursed by
the Secretary of the Senate, shall be payable on the fifth
day of the month following the month in which such
compensation accrued, except that--
(1) [Repealed]
(2) when such fifth or twentieth day falls
on Saturday, Sunday, or on a legal holiday
(including any holiday on which the banks of the
District of Columbia are closed pursuant to
law), such compensation shall be payable on the
next preceding workday; and
(3) any part of such compensation accrued
for any month may, in the discretion of the
Secretary of the Senate, be paid prior to the
day specified in the preceding provisions of
this section.
For purposes of the Title 26 and for accounting and
reporting purposes, disbursements made in accordance with
this section on the fifth day of a month, or on the next
preceding workday if such fifth day falls on Saturday,
Sunday, or a legal holiday, shall be considered to have been
made on the last day of the preceding month. (Pub.L. 86-426,
Sec. 1, Apr. 20, 1960, 74 Stat. 53; Pub.L. 92-136, Sec. 6,
Oct. 11, 1971, 85 Stat. 378; Pub.L. 96-38, Sec. 108(a), July
25, 1979, 93 Stat. 113; Pub.L. 97-51, Sec. Sec. 111(a),
112(a), Oct. 1, 1981, 95 Stat. 962; Pub.L. 97-257, Title I,
Sec. 105(a), Sept. 10, 1982, 96 Stat. 849; Pub.L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
358 Sec. 60c-2. Repealed (Pub.L. 97-258, Sec. 5(b), Sept. 13,
1982, 96 Stat. 1081).
Note
The Secretary of the Senate is authorized and directed,
if requested by an individual whose compensation is
disbursed by the Secretary, to pay the compensation by
sending a check to a financial organization designated by
the individual. See Sec. 3332 of Title 31, Money and
Finance, Senate Manual section 1201.
359 Sec. 60c-2a. Banking and financial transactions of Secretary
of
Senate.
(a) Reimbursement of banks for costs of clearing items for
Senate
The Secretary of the Senate is authorized to reimburse
any bank which clears items for the United States Senate for
the costs incurred therein. Such reimbursements shall be
made from the contingent fund of the Senate.
(b) Check cashing regulations for Disbursing Office of
Senate
The Secretary of the Senate is authorized to prescribe
such regulations as he deems necessary to govern the cashing
of personal checks by the Disbursing Office of the Senate.
[[Page 311]]
(c) Amounts withheld from disbursements for employee
indebtedness
Whenever an employee whose compensation is disbursed by
the Secretary of the Senate becomes indebted to the Senate
and such employee fails to pay such indebtedness, the
Secretary of the Senate is authorized to withhold the amount
of the indebtedness from any amount which is disbursed by
him and which is due to, or on behalf of, such employee.
Whenever an amount is withheld under this section, the
appropriate account shall be credited in an amount equal to
the amount so withheld. (Pub.L. 94-440, Title I, Sec. 104,
Oct. 1, 1976, 90 Stat. 1443.)
360 Sec. 60c-3. Withholding and remittance of State income tax
by
Secretary of Senate.
(a) Agreement by Secretary with appropriate State official;
covered individuals
Whenever--
(1) the law of any State provides for the
collection of an income tax by imposing upon
employers generally the duty of withholding sums
from the compensation of employees and remitting
such sums to the authorities of such State; and
(2) such duty to withhold is imposed
generally with respect to the compensation of
employees who are residents of such State;
then the Secretary of the Senate is authorized, in
accordance with the provisions of this section, to enter
into an agreement with the appropriate official of that
State to provide for the withholding and remittance of sums
for individuals--
(A) whose pay is disbursed by the
Secretary; and
(B) who request the Secretary to make
such withholdings for remittance to that
State.
(b) Number of remittances authorized
Any agreement entered into under subsection (a) of this
section shall not require the Secretary to remit such sums
more often than once each calendar quarter.
(c) Requests by individuals of Secretary for withholding and
remittance; amount of withholding; number and effective
date of requests; change of designated State; revocation
of request; rules and regulations
(1) An individual whose pay is disbursed by the
Secretary may request the Secretary to withhold sums from
his pay for remittance to the appropriate authorities of the
State that he designates. Amounts of withholdings shall be
made in accordance with those provisions of the law of that
State which apply generally to withholding by employers.
(2) An individual may have in effect at any time only
one request for withholdings, and he may not have more than
two such requests in effect with respect to different States
during any one calendar year.
The request for withholdings is effective on the first day
of the first month commencing after the day on which the
request is received in the Disbursing Office of the Senate,
except that--
(A) when the Secretary first enters into an
agreement with a State, a request for
withholdings shall be effective on such date as
the Secretary may determine; and
[[Page 312]]
(B) when an individual first receives an
appointment, the request shall be effective on
the day of appointment, if the individual makes
the request at the time of appointment.
(3) An individual may change the State designated by him
for the purposes of having withholdings made and request
that the withholdings be remitted in accordance with such
change, and he may also revoke his request for withholdings.
Any change in the State designated or revocation is
effective on the first day of the first month commencing
after the day on which the request for change or the
revocation is received in the Disbursing Office.
(4) The Secretary is authorized to issue rules and
regulations he considers appropriate in carrying out this
subsection.
(d) Time or times of agreements by Secretary
The Secretary may enter into agreements under subsection
(a) of this section at such time or times as he considers
appropriate.
(e) Provisions as not imposing duty, burden, requirement or
penalty upon the United States, Senate, or any officer
or employee of the United States; effect of filing
paper, form, or document with Secretary
This section imposes no duty, burden, or requirement
upon the United States, the Senate, or any officer or
employee of the United States, except as specifically
provided in this section. Nothing in this section shall be
deemed to consent to the application of any provision of law
which has the effect of subjecting the United States, the
Senate, or any officer or employee of the United States to
any penalty or liability by reason of the provisions of this
section. Any paper, form, or document filed with the
Secretary under this section is a paper of the Senate within
the provisions of rule XI\1\ of the Standing Rules of the
Senate.
\1\Changed from ``rule XXX'' as a result of the adoption
of S. Res. 274, Nov. 14, 1979, and S. Res. 389, Mar. 25,
1980, 96th Cong.
(f) ``State'' defined
For the purposes of this section, ``State'' means any of
the States of the United States and the District of
Columbia. (Pub.L. 93-371, Sec. 101(2), Aug. 13, 1974, 88
Stat. 427.)
361 Sec. 60c-4. Withholding of charitable contributions from
salaries paid by Secretary of Senate and from employees
of Architect of Capitol.
(a) Definitions
For purposes of this section, the term--
(1) ``Secretary'' means the Secretary of the
Senate; and
(2) ``Architect'' means the Architect of the
Capitol.
(b) Notice; deduction and transmission
(1) The Secretary and the Architect shall notify
individuals whose pay is disbursed by the Secretary or who
are employees of the Architect, including employees of the
Botanic Garden or the Senate Restaurants of the opportunity
to have amounts withheld from their pay pursuant to this
section for contribution to national voluntary health and
welfare agencies designated by the Director of the Office of
Personnel Management pursuant to Executive Order 12353,
dated March 23, 1982.
[[Page 313]]
(2) Upon request by such an individual specifying the
amount to be withheld and one Combined Federal Campaign
Center in the Washington metropolitan area to receive such
amount, the Secretary, the Architect, or any other officer
who disburses the pay of such individual, as the case may
be, shall--
(A) withhold such amount from the pay of
such individual; and
(B) transmit (not less than once each
calendar quarter) the amount so withheld to the
Combined Federal Campaign Center as specified in
such request.
(c) Time of withholding and transmission
The Secretary and the Architect shall, to the extent
practicable, carry out subsection (b) of this section at or
about the time of the Combined Federal Campaign and other
fundraising in the executive branch of the Federal
Government conducted pursuant to Executive Order 12353,
dated March 23, 1982, and at such other times as each such
officer deems appropriate.
(d) Amount
(1) No amount shall be withheld under subsection (b) of
this section from the pay of any individual for any pay
period if the amount of such pay for such period is less
than the sum of--
(A) the amount specified to be withheld from
such pay under subsection (b) of this section
for such period; plus
(B) the amount of all other withholdings
from such pay for such period.
(2) No amount may be specified by an individual to be
withheld for any pay period under subsection (b) of this
section which is less than--
(A) 50 cents, if the pay period of such
individual is biweekly or semimonthly; or
(B) $1, if the pay period of such individual
is monthly.
(e) Provisions as not imposing duty, burden, requirement or
penalty on United States, Senate, or any officer or
employee of United States; effect of filing paper
This section imposes no duty, burden, or requirement
upon the United States, the Senate, or any officer or
employee of the United States, except as specifically
provided in this section. Nothing in this section shall be
deemed to consent to the application of any provision of law
which has the effect of subjecting the United States, the
Senate, or any officer or employee of the United States to
any penalty or liability by reason of the provisions of this
section. Any paper, form, document, or any other item filed
with the Secretary under this section is a paper of the
Senate within the provisions of rule XI of the Standing
Rules of the Senate.
(f) Rules and regulations
The Secretary and the Architect are authorized to issue
rules and regulations they consider appropriate in carrying
out their duties under this section. (Pub.L. 95-470, Oct.
17, 1978, 92 Stat. 1323; 1978 Reorg. Plan No. 2, Sec. 102,
eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.)
[[Page 314]]
362 Sec. 60c-5 Student loan repayment program.
(a) Definitions
In this section:
(1) Eligible employee
The term ``eligible employee'' means an
individual--
(A) who is an employee of the
Senate; and
(B) whose rate of pay as an
employee of the Senate, on the date
on which such eligibility is
determined, does not exceed the rate
of basic pay for an employee for a
position at ES-1 of the Senior
Executive Schedule as provided for
in subchapter VIII of chapter 53 of
Title 5, United States Code
(including any locality pay
adjustment applicable to the
Washington, D.C.-Baltimore, Maryland
consolidated metropolitan
statistical area).
(2) Employee of the Senate
The term ``employee of the Senate'' has
the meaning given the term in section 101 of
the Congressional Accountability Act of 1995
(2 U.S.C. 1301).
(3) Employing Office
The term ``employing office'' means the
employing office, as defined in section 101
of the Congressional Accountability Act of
1995 (2 U.S.C. 1301), of an employee of the
Senate.
(4) Secretary
The term ``Secretary'' means the
Secretary of the Senate.
(5) Student loan
The term ``student loan'' means--
(A) a loan made, insured, or
guaranteed under part B, D, or E of
Title IV of the Higher Education Act
of 1965 (20 U.S.C. 1071 et seq.,
1087a et seq., or 1087aa et seq.);
and
(B) a health education
assistance loan made or insured
under part A of Title VII of the
Public Health Service Act (42 U.S.C.
292 et seq.), or under part E of
Title VIII of such Act (42 U.S.C.
297a et seq.).
(b) Senate student loan repayment program
(1) Service Agreements
(A) In general
The head of an employing office and an
eligible employee may enter into a written
service agreement under which--
(i) the employing office shall
agree to repay, by direct payments
on behalf of the eligible employee,
any student loan indebtedness of the
eligible employee that is
outstanding at the time the eligible
employee and the employing office
enter into the agreement, subject to
this section; and
(ii) the eligible employee shall
agree to complete the 1-year
required period of employment
described in subsection (c)(1) with
the employing office in exchange for
the student loan payments.
(B) Contents of service agreements
(i) Contents
A service agreement under this
paragraph shall contain--
[[Page 315]]
(I) the start and end
dates of the required period
of employment covered by the
agreement,
(II) the monthly amount
of the student loan payments
to be provided by the
employing office;
(III) the employee's
agreement to reimburse the
Senate under the conditions
set forth in subsection
(d)(1);
(IV) disclosure of the
program limitations provided
for in subsection (d)(4) and
paragraphs (2), (3), (6),
and (7) of subsection (f);
(V) other terms to which
the employing office and
employee agree (such as
terms relating to job
responsibilities or job
performance expectations);
and
(VI) any other terms
prescribed by the Secretary.
(ii) Standard service agreements
The Secretary shall establish
standard service agreements for
employing offices to use in carrying
out this section.
(2) Submission of agreements
On entering into a service agreement under
this section, the employing office shall submit
a copy of the service agreement to the
Secretary.
(c) Program conditions
(1) Period of employment
The term of the required period of
employment under a service agreement under this
section shall be 1 year. On completion of the
required period of employment under such a
service agreement, the eligible employee and the
employing office may enter into additional
service agreements for successive 1-year periods
of employment.
(2) Amount of payments
(A) In general
The amount of student loan payments made
under service agreements under this section
on behalf of an eligible employee may not
exceed--
(i) $500 in any month, or
(ii) a total of $40,000.
(B) Payments included in gross compensation
limitations
Any student loan payment made under this
section in any month may not result in the
sum of the payment and the compensation of
an employee for that month exceeding \1/12\
of the applicable annual maximum gross
compensation limitation under section
105(d)(2), (e), or (f) of the Legislative
Branch Appropriation Act, 1968 (2 U.S.C. 61-
1(d)(2), (e), or (f)).
(3) Timing of payments
Student loan payments made under this
section under a service agreement shall begin
the first day of the pay period after the date
on which the agreement is signed and received by
the Secretary, and shall be made on a monthly
basis.
(d) Loss of eligibility for student loan payments and
obligation to reimburse
(1) In general
An employee shall not be eligible for
continued student loan payments under a service
agreement under this section and (except
[[Page 316]]
in a case in which an employee's duty is
terminated under paragraph (2) or an employing
office assumes responsibilities under paragraph
(3)) shall reimburse the Senate for the amount
of all student loan payments made on behalf of
the employee under the agreement, if, before the
employee completes the required period of
employment specified in the agreement--
(A) the employee voluntarily separates
from service with the employing office;
(B) the employee engages in misconduct
or does not maintain an acceptable level of
performance, as determined by the head of
the employing office; or
(C) the employee violates any condition
of the agreement.
(2) Termination of agreement
The duty of an eligible employee to fulfill
the required period of employment under the
service agreement shall be terminated if--
(A) funds are not made available to
cover the cost of the student loan repayment
program carried out under this section; or
(B) the employee and the head of the
employing office involved mutually agree to
terminate the service agreement under
subsection (f)(7).
(3) Another employing office
An employing office who hires an eligible
employee during a required period of employment
under such a service agreement may assume the
remaining obligations (as of the date of the
hiring) of the employee's prior employing office
under the agreement.
(4) Failure of employee to reimburse
If an eligible employee fails to reimburse
the Senate for the amount owed under paragraph
(1), such amount shall be collected--
(A) under section 104(c) of the
Legislative Appropriation Act, 1977 (2
U.S.C. 60c-2a(c)) or section 5514 of Title
5, United States Code, if the eligible
employee is employed by any other office of
the Senate or agency of the Federal
Government; or
(B) under other applicable provisions of
law if the eligible employee is not employed
by any other office of the Senate or agency
of the Federal Government.
(5) Crediting of amounts
Any amount repaid by, or recovered from, an
eligible employee under this section shall be
credited to the subaccount for the employing
office from which the amount involved was
originally paid. Any amount so credited shall be
merged with other sums in such subaccount for
the employing office and shall be available for
the same purposes, and subject to the same
limitations (if any), as the sums with which
such amount is merged.
(e) Records and reports
(1) In general
Not later than January 1, 2003, and each
January 1 thereafter, the Secretary shall
prepare and submit to the Committee on Rules and
Administration of the Senate and the Committee
on Appropriations of the Senate, a report for
the fiscal year preceding the fiscal year in
which the report is submitted, that contains
information specifying--
[[Page 317]]
(A) the number of eligible employees
that received student loan payments under
this section; and
(B) the costs of such payments,
including--
(i) the amount of such payments
made for each eligible employee;
(ii) the amount of any
reimbursement amounts for early
separation from service or whether
any waivers were provided with
respect to such reimbursements; and
(iii) any other information
determined to be relevant by the
Committee on Rules and
Administration of the Senate or the
Committee on Appropriations of the
Senate.
(2) Confidentiality
Such report shall not include any
information which is considered confidential or
could disclose the identity of individual
employees or employing offices. Information
required to be contained in the report of the
Secretary under section 105(a) of the
Legislative Branch Act, 1965 (2 U.S.C. 104a)
shall not be considered to be personal
information for purposes of this paragraph.
(f) Other administrative matters
(1) Account
(A) In general
The Secretary shall establish and
maintain a central account from which
student loan payments available under this
section shall be paid on behalf of eligible
employees.
(B) Office subaccounts
The Secretary shall ensure that, within
the account established under subparagraph
(A), a separate subaccount is established
for each employing office to be used by each
such office to make student loan payments
under this section. Such student loan
payments shall be made from any funds
available to the employing office for
student loan payments that are contained in
the subaccount for the office.
(C) Limitation
Amounts in each subaccount established
under this paragraph shall not be made
available for any purpose other than to make
student loan payments under this section.
(2) Beginning of payments
Student loan payments may begin under this
section with respect to an eligible employee
upon--
(A) the receipt by the Secretary of a
signed service agreement; and
(B) verification by the Secretary with
the holder of the loan that the eligible
employee has an outstanding student loan
balance that qualifies for payment under
this section.
(3) Limitation
Student loan payments may be made under this
section only with respect to the amount of
student loan indebtedness of the eligible
employee that is outstanding on the date on
which the employee and the employing office
enter into a service agreement under this
section. Such payments may not be made under
this section on a student loan that is in
default or arrears.
(4) Payment on multiple loans
[[Page 318]]
Student loan payments may be made under this
section with respect to more than 1 student loan
of an eligible employee at the same time or
separately, if the total payments on behalf of
such employee do not exceed the limits under
subsection (c)(2)(A).
(5) Treatment of payments
Student loan payments made on behalf of an
eligible employee under this section shall be in
addition to any basic pay and other forms of
compensation otherwise payable to the eligible
employee, and shall be subject to withholding
for income and employment tax obligations as
provided for by law.
(6) No relief from liability
An agreement to make student loan payments
under this section shall not exempt an eligible
employee from the responsibility or liability of
the employee with respect to the loan involved
and the eligible employee shall continue to be
responsible for making student loan payments on
the portion of any loan that is not covered
under the terms of the service agreement.
(7) Reduction in payments
Notwithstanding the terms of a service
agreement under this section, the head of an
employing office may reduce the amount of
student loan payments made under the agreement
if adequate funds are not available to such
office. If the head of the employing office
decides to reduce the amount of student loan
payments for an eligible employee, the head of
the office and the employee may mutually agree
to terminate the service agreement.
(8) No right to continued employment
A service agreement under this section shall
not be construed to create a right to, promise
of, or entitlement to the continued employment
of the eligible employee.
(9) No entitlement
A student loan payment under this section
shall not be construed to be an entitlement for
any eligible employee.
(10) Treatment of payments
A student loan payment under this section--
(A) shall not be basic pay of an
employee for purposes of chapters 83 and 84
of Title 5, United States Code (relating to
retirement) and chapter 87 of such title
(relating to life insurance coverage); and
(B) shall not be included in Federal
wages for purposes of chapter 85 of such
title (relating to unemployment
compensation).
(g) Allocation of funds
(1) Maximum amount
In this subsection, the term ``maximum
amount,'' used with respect to a fiscal year,
means--
(A) in the case of an employing office
described in subsection (h)(1)(A), the
amount described in that subsection for that
fiscal year; and
(B) In the case of an employing office
described in subsection (h)(1)(B), the
amount described in that subsection for that
fiscal year.
(2) Allocation
[[Page 319]]
From the total amount made available to
carry out this section for a fiscal year, there
shall be allocated to each employing office for
that fiscal year--
(A) the maximum amount for that
employing office for that fiscal year; or
(B) if the total amount is not
sufficient to provide the maximum amount to
each employing office, an amount that bears
the same relationship to the total amount as
the maximum amount for that employing office
for that fiscal year bears to the total of
the maximum amounts for all employing
offices for that fiscal year.
(3) Apportionment
In the case of an employing office that is a
Committee of the Senate, the funds allocated
under this subsection shall be apportioned
between the majority and minority staff of the
committee in the same manner as amounts are
apportioned between the staffs for salaries.
(h) Authorization of appropriations
(1) In general
There are authorized to be appropriated (or
otherwise made available from appropriations) to
carry out this section the following amounts for
each fiscal year:
(A) For each employing office that is
the personal office of a Senator, an amount
equal to 2 percent of the total sums
appropriated for the fiscal year involved
for administrative and clerical salaries for
such office.
(B) For each other employing office, an
amount equal to 2 percent of the total sums
appropriated for the fiscal year involved
for salaries for such office.
(2) Limitation
Amounts provided under this section shall be
subject to annual appropriations.
(i) Effective date
This section shall apply to fiscal year 2002 and each
fiscal year thereafter.
(Pub.L. 107-68, Title I, Sec. 102, Nov. 12, 2001, 115
Stat. 563; Pub.L. 107-117, Div. B, Ch. 9, Sec. 916, Jan. 10,
2002, 115 Stat. 2324.)
363 Sec. 60j. Longevity compensation.\1\
\1\The application of this section is restricted by
section 60j-4 of this section.
(a) Eligible employees
This section shall apply to--
(1) each employee of the Senate whose
compensation is paid from the appropriation for
Salaries, Officers and Employees under the
following headings:
(A) Office of the Secretary, including
individuals employed under authority of
section 74b of this title;
(B) Office of the Sergeant at Arms and
Doorkeeper, except employees designated as
``special employees''; and
(C) Offices of the Secretaries for the
Majority and the Minority;
[[Page 320]]
(2) each employee of the Senate authorized
by Senate resolution to be appointed by the
Secretary of the Senate or the Sergeant at Arms
and Doorkeeper, except employees designated as
``special employees''; and
(3) each employee of the Capitol Guide
Service established under section 851 of Title
40.
(b) Rate of compensation; limitation on increases;
computation of service; effective date of payment
(1) Except as provided in paragraph (2), an employee to
whom this section applies shall be paid, during any period
of continuous creditable service, additional annual
compensation (hereinafter referred to as ``longevity
compensation'') at the rate of $482 for (A) each year of
creditable service performed for the first five years and
(B) each two years of creditable service performed during
the twenty-year period following the first five years.
(2) The amount of longevity compensation which may be
paid to an employee, when added to his regular annual
compensation, shall not exceed the maximum annual
compensation which may be paid to Senate employees generally
as prescribed by law or orders of the President pro tempore
issued under authority of section 60a-1 of this title.
(3) For purposes of this section--
(A) creditable service includes (i) service
performed as an employee described in subsection
(a) of this section, (ii) service performed as a
member of the Capitol Police or as an employee
of the United States Capitol Telephone Exchange
while compensation therefor is disbursed by the
Clerk of the House of Representatives, and (iii)
service which is creditable for purposes of this
section as in effect on September 30, 1978;
(B) in computing length of continuous
creditable service, only creditable service
performed subsequent to August 31, 1957, shall
be taken into account, except that, in the case
of service as an employee employed under
authority of section 74b of this title, only
creditable service performed subsequent to
January 2, 1971, shall be taken into account;
and
(C) continuity of creditable service shall
not be deemed to be broken by separations from
service of not more than thirty days, by the
performance of service as an employee (other
than an employee subject to the provisions of
this section) whose compensation is disbursed by
the Secretary of the Senate or the Clerk of the
House of Representatives, or by the performance
of active military service in the armed forces
of the United States, but periods of such
separations and service shall not be creditable
service.
(4) Longevity compensation shall be payable on and after
the first day of the first month following completion of
each period of creditable service upon which such
compensation is based. (Pub.L. 87-730, Sec. 106 (a), (b),
(d), Oct. 2, 1962, 76 Stat. 694, 695, Pub.L. 88-454,
Sec. 104(b), Aug. 20, 1964, 78 Stat. 550; Pub.L. 90-57,
Sec. 105(g), July 28, 1967, 81 Stat. 143; Pub.L. 90-206,
Title II, Sec. Sec. 214(n), 225(h), Dec. 16, 1967, 81 Stat.
637, 644; Pub.L. 91-656, Sec. 4, Jan. 8, 1971, 84 Stat.
1952; Pub.L. 93-371, Sec. 101, Aug. 13, 1974, 88 Stat. 436;
Pub.L. 95-240, Title II, Sec. 205, Mar. 7, 1978, 92 Stat.
117; Pub.L. 95-391, Title I, Sec. 110(a), Sept. 30, 1978, 92
Stat. 774; Pub.L. 96-304, Title I, Sec. 107(b), July 8,
1980, 94 Stat. 890.)
[[Page 321]]
364 Sec. 60j-1. Capitol Police longevity compensation.
Any member of the Capitol Police who by reason of the
provision repealed by subsection (b)\1\ was receiving
immediately prior to September 1, 1964, longevity
compensation provided by section 105 of the Legislative
Branch Appropriation Act, 1959,\2\ shall, on and after
September 1, 1964, receive in lieu thereof a longevity
increase under section 60j(b) of this title, in addition to
any other such increases (not to exceed three) to which he
may otherwise be entitled under such section. In computing
the length of service of such member for the purpose of such
other increases, only service performed subsequent to the
date on which he began receiving longevity compensation in
accordance with such section 105 shall be counted. (Pub.L.
88-454, Sec. 104(c), Aug. 20, 1964, 78 Stat. 550.)
\1\Refers to second sentence of section 106(d) of
Legislative Branch Appropriation Act, 1963, repealed by
section 104(b) of Legislative Branch Appropriation Act,
1965.
\2\Section 105 of Legislative Branch Appropriation Act,
1959, repealed by section 106(d) of Legislative Branch
Appropriation Act, 1963.
365 Sec. 60j-2. Longevity compensation for telephone operators
on United States telephone exchange and members of
Capitol Police paid by Chief Administrative Officer of
House.
The provisions of subsections (a) and (b) of section 60j
of this title (as amended by section 110 of Pub.L. 95-391),
shall apply to telephone operators (including the chief
operator and assistant chief operators) on the United States
Capitol telephone exchange and members of the Capitol Police
whose compensation is disbursed by the Chief Administrative
Officer of the House of Representatives in the same manner
and to the same extent as such provisions apply to
individuals whose compensation is disbursed by the Secretary
of the Senate. For purposes of so applying such subsections,
creditable service shall include service performed as an
employee of the United States Capitol telephone exchange or
a member of the Capitol Police whether compensation therefor
is disbursed by the Chief Administrative Officer of the
House of Representatives or the Secretary of the Senate.
(Pub.L. 95-391, Title III, Sec. 310, Sept. 30, 1978, 92
Stat. 790; Pub.L. 104-186, Title II, Sec. 204(8), Aug. 20,
1996, 110 Stat. 1731.)
366 Sec. 60j-3. Repealed (Pub.L. 97-276, Sec. 101(e), Oct. 2,
1982, 96 Stat. 1189).
367 Sec. 60j-4. Longevity compensation not applicable to
individuals paid by Secretary of Senate; savings
provision.
Section 60j of this title on or after October 1, 1983
shall not apply to any individual whose pay is disbursed by
the Secretary of the Senate; except that, any individual who
prior to such date was entitled to longevity compensation
under such subsections on the basis of service performed
prior to such date shall continue to be entitled to such
compensation, but no individual shall accrue any longevity
compensation on the basis of service performed on or after
such date. (Pub.L. 98-51, Sec. 107, July 14, 1983, 97 Stat.
267.)
[[Page 322]]
368 Sec. 60p. Payment for unaccrued leave.
(a) In general
The Financial Clerk of the Senate is authorized to
accept from an individual whose pay is disbursed by the
Secretary of \1\ Senate a payment representing pay for any
period of unaccrued annual leave used by that individual, as
certified by the head of the employing office of the
individual making the payment.
\1\So in original. Probably should be followed by
``the''.
(b) Withholding
The Financial Clerk of the Senate is authorized to
withhold the amount referred to in subsection (a) of this
section from any amount which is disbursed by the Secretary
of the Senate and which is due to or on behalf of the
individual described in subsection (a) of this section.
(c) Deposit
Any payment accepted under this section shall be
deposited in the general fund of the Treasury as
miscellaneous receipts.
(d) ``Head of the employing office'' defined
As used in this section, the term ``head of the
employing office'' means any person with the final authority
to appoint, hire, discharge, and set the terms, conditions,
or privileges of the employment of an individual whose pay
is disbursed by the Secretary of the Senate.
(e) Applicability
This section shall apply to fiscal year 1996 and each
fiscal year thereafter. (Pub.L. 104-197, Title I, Sec. 9,
Sept. 16, 1996, 110 Stat. 2398.)
369 Sec. 61. Limit on rate of compensation of Senate officers
and employees.
No officer or employee of the Senate shall receive pay
for any services performed by him at any rate higher than
that provided for the office or employment to which he has
been regularly appointed. (Aug. 5, 1882, Ch. 390, Sec. 1, 22
Stat. 270.)
370 Sec. 61-1. Gross rate of compensation of employees paid by
Secretary of Senate.
(a) Annual rate; certification
(1) Whenever the rate of compensation of any employee
whose compensation is disbursed by the Secretary of the
Senate is fixed or adjusted on or after October 1, 1980,
such rate as so fixed or adjusted shall be at a single whole
dollar per annum gross rate and may not include a fractional
part of a dollar.
(2) New or changed rates of compensation (other than
changes in rates which are made by law) of any such employee
(other than an employee who is an elected officer of the
Senate) shall be certified in writing to the Disbursing
Office of the Senate (and, for purposes of this paragraph, a
new rate of compensation refers to compensation in the case
of an appointment, transfer from one Senate appointing
authority to another, or promotion by an appointing
authority to a position the compensation for which is fixed
by law). In the case of an appoint
[[Page 323]]
ment or other new rate of compensation, the certification
must be received by such office on or before the day the
rate of new compensation is to become effective. In any
other case, the changed rate of compensation shall take
effect on the first day of the month in which such
certification is received (if such certification is received
within the first ten days of such month), on the first day
of the month after the month in which such certification is
received (if the day on which such certification is received
is after the twenty-fifth day of the month in which it is
received), and on the sixteenth day of the month in which
such certification is received (if such certification is
received after the tenth day and before the twenty-sixth day
of such month). Notwithstanding the preceding sentence, if
the certification for a changed rate of compensation for an
employee specifies an effective date of such change, such
change shall become effective on the date so specified, but
only if the date so specified is the first or sixteenth day
of a month and is after the effective date prescribed in the
preceding sentence; and, notwithstanding such sentence and
the preceding provisions of this sentence, any changed rate
of compensation for a new employee or an employee
transferred from one appointing authority to another shall
take effect on the date of such employee's appointment or
transfer (as the case may be) if such date is later than the
effective date for such changed rate of compensation as
prescribed by such sentence.
(b) Conversion; increase in computation
Note.--This subsection has been executed.
(c) Reference in other provisions to basic rates and
additional compensation as reference to per annum gross
rate
In any case in which the rate of compensation of any
employee or position, or class of employees or positions,
the compensation for which is disbursed by the Secretary of
the Senate, or any maximum or minimum rate with respect to
any such employee, position, or class, is referred to in or
provided by statute or Senate resolution, and the rate so
referred to or provided is a basic rate with respect to
which additional compensation is provided by law, such
statutory provision or resolution shall be deemed to refer,
in lieu of such basic rate, to the per annum gross rate
which an employee receiving such basic rate immediately
prior to August 1, 1967, would receive (without regard to
such statutory provision or resolution) under subsection (b)
of this section on and after such date.
(d) Compensation of employees in office of Senator;
limitation; titles of positions
Note
This subsection sets forth the maximum and minimum
salaries which may be paid to employees in the office of a
Senator. These figures are changed annually by Orders of the
President pro tempore of the Senate issued under authority
of section 4 of the Federal Pay Comparability Act of 1970.
For the current figures consult the Senate Disbursing
Office.
Each Member of the Senate is authorized by section
111(c) of the Legislative Branch Appropriation Act, 1978
(Pub. Law 95-94, 91 Stat. 662-663, Aug. 5, 1977), to
designate employees in his office to assist him in
connection with his membership on committees of the Senate.
With certain exceptions, an employee so designated is to be
accorded all privileges of a professional staff member of
the committee to which designated. The text of section
111(c) is as follows:
[[Page 324]]
(c)(1) A Senator may designate employees in his office
to assist him in connection with his membership on
committees of the Senate. An employee may be designated with
respect to only one committee.
(2) An employee designated by a Senator under this
subsection shall be certified by him to the chairman and
ranking minority member of the committee with respect to
which such designation is made. Such employee shall be
accorded all privileges of a professional staff member
(whether permanent or investigatory) of such committee
including access to all committee sessions and files, except
that any such committee may restrict access to its sessions
to one staff member per Senator at a time and require, if
classified material is being handled or discussed, that any
staff member possess the appropriate security clearance
before being allowed access to such material or to
discussion of it. Nothing contained in this paragraph shall
be construed to prohibit a committee from adopting policies
and practices with respect to the application of this
subsection which are similar to the policies and practices
adopted with respect to the application of section 705(c)(1)
of Senate Resolution 4, 95th Congress, and section 106(c)(1)
of the Supplemental Appropriations Act, 1977.
(3) A Senator shall notify the chairman and ranking
minority member of a committee whenever a designation of an
employee under this subsection with respect to such
committee is terminated.
Sec. 111(a) provides for an amount to be added to each
Senator's Official Personnel and Expense Account for
compensation of committee-related employees authorized under
subsection (c). This amount is subject to change annually by
Orders of the President pro tempore of the Senate issued
under authority of section 4 of the Federal Pay
Comparability Act of 1970. For the current figure consult
the Senate Disbursing Office.
Sec. 111(b) repealed, effective the first day of the
100th Congress. (Oct. 21, 1987, Sec. 3, Pub.L. 100-137, 101
Stat. 819.)
(e) Gross rate of compensation of employee of committee of
Senate employed by joint committee, select committee, or
standing committee
Note
This subsection sets forth the uniform maximum salary
that may be paid to all committee employees. These figures
are changed annually by Orders of the President pro tempore
of the Senate issued under authority of section 4 of the
Federal Pay Comparability Act of 1970. For the current
figures consult the Senate Disbursing Office.
(f) General limitation
Note
This subsection sets forth the maximum and minimum
salaries which may be paid to Senate employees (other than
committee employees, employees in a Senator's office, and
employees serving in a position the salary of which is
prescribed by law). These figures are changed annually by
Orders of the President pro tempore of the Senate issued
under authority of section 4 of the Federal Pay
Comparability Act of 1970. For the current figures consult
the Senate Disbursing Office.
(Pub.L. 90-57, Sec. 105 (a)-(f), (j), July 28, 1967, 81
Stat. 141-144; Pub.L. 90-206, Title II, Sec. 214(j)-(l),
Dec. 16, 1967, 81 Stat. 637; Pub.L. 91-145, Dec. 12, 1969,
83 Stat. 340; Pub.L. 91-510, Title III, Sec. 305, Oct. 26,
1970, 84 Stat. 1181; Pub.L. 91-656, Sec. 4, Jan. 8, 1971, 84
Stat. 1952; Pub.L. 92-184, Ch. IV, Dec. 15, 1971, 85 Stat.
633; Pub.L. 92-607, Ch. V, Sec. 505, Oct. 31, 1972, 86 Stat.
1505; Pub.L. 93-145, Nov. 1, 1973, 87 Stat. 532; Pub.L. 93-
245, Ch. VI, Jan. 3, 1974, 87 Stat. 1078; Pub.L. 93-255,
Sec. 1, Mar. 27, 1974, 88 Stat. 52; Pub.L. 93-371, Aug. 13,
1974, 88 Stat. 430; Pub.L. 94-59, Title I, Sec. 102, July
25, 1975, 89 Stat. 274; Pub.L. 94-440, Title I, Sec. 101(a),
Oct. 1, 1976, 90 Stat. 1443; Pub.L. 95-94, Title I,
Sec. 111(d), Aug. 5, 1977, 91 Stat. 663; Pub.L.
[[Page 325]]
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.)
371 Sec. 61-1a. Availability of appropriated funds for payment
to an individual of pay from more than one position;
conditions.
Notwithstanding any other provision of law, appropriated
funds are available for payment to an individual of pay from
more than one position, each of which is either in the
office of a Senator and the pay of which is disbursed by the
Secretary of the Senate or is in another office and the pay
of which is disbursed by the Secretary of the Senate out of
an appropriation under the heading ``Salaries, Officers, and
Employees'', if the aggregate gross pay from those positions
does not exceed the maximum rate specified in section 61-
1(d)(2) of this title. (Pub.L. 95-94, Title I, Sec. 114,
Aug. 5, 1977, 91 Stat. 665; Pub.L. 95-240, Title II,
Sec. 207, Mar, 7, 1978, 92 Stat. 117; Pub.L. 100-202,
Sec. 101(i) [Title I, Sec. 9], Dec. 22, 1987, 101 Stat.
1329-290, 1329-295.)
372 Sec. 61-1b. Availability of appropriations during first
three months of any fiscal year for aggregate of
payments of gross
compensation made to employees from Senate appropriation
account for ``Salaries, Officers and Employees''.
At no time during the first three months of any fiscal
year (commencing with the fiscal year which begins October
1, 1984) shall the aggregate of payments of gross
compensation made to employees out of any line item
appropriation within the Senate appropriation account for
``Salaries, Officers and Employees'' (other than the line
item appropriations, within such account for
``Administrative, clerical, and legislative assistance to
Senators'' and for ``Agency contributions'') exceed twenty-
five per centum of the total amount available for such line
item appropriations for such fiscal year. (Pub.L. 98-367,
Title I, Sec. 4, July 17, 1984, 98 Stat. 475.)
373 Sec. 61-1c. Aggregate gross compensation of employee of
Senator of State with population under 5,000,000.
(a) Notwithstanding the provisions of section 61-1(d)(1)
of this title, and except as otherwise provided in
subparagraph (C) of such paragraph,
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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.)
374 Sec. 61a. Compensation of Secretary of Senate.
Note
Pursuant to Orders of the President pro tempore of the
Senate issued under authority of section 4 of the Federal
Pay Comparability Act of 1970, the annual rate of
compensation of the Secretary of the Senate is the same as
level III of the Executive Schedule (5 U.S.C. Sec. 5314),
but may not be more than $1,000 less than the annual rate of
compensation of a Senator.
375 Sec. 61a-9. Advancement by Secretary of Senate of travel
funds to employees under his jurisdiction for Federal
Election Campaign Act travel expenses.
The Secretary of the Senate is hereafter authorized to
advance, in his discretion, to any designated employee under
his jurisdiction, such sums as may be necessary, not
exceeding $1,500, to defray official travel expenses in
assisting the Secretary in carrying out his duties under the
Federal Election Campaign Act of 1971. Any such employee
shall, as soon as practicable, furnish to the Secretary a
detailed voucher for such expenses incurred and make
settlement with respect to any amount so advanced. (Pub.L.
92-607, Sec. 504, Oct. 31, 1972, 86 Stat. 1505.)
376 Sec. 61a-9a. Travel expenses of Secretary of Senate;
advancement of travel funds to designated employees.
For the purpose of carrying out his duties, the
Secretary of the Senate is authorized to incur official
travel expenses. The Secretary of the Senate is authorized
to advance, in his discretion, to any designated employee
under his jurisdiction, such sums as may be necessary, not
exceeding $1,000, to defray official travel expenses in
assisting the Secretary in carrying out his duties. Any such
employee shall, as soon as practicable, furnish to the
Secretary a detailed voucher for such expenses incurred and
make settlement with respect to any amount so advanced.
Payments to carry out the provisions of this section shall
be made from funds included in the appropriation
``Miscellaneous Items'' under the heading ``Contingent
Expenses of the Senate'' upon vouchers approved by the
Secretary of the Senate. (Pub.L. 94-59, Sec. 101, July 25,
1975, 89 Stat. 273; Pub.L. 95-94, Title I, Sec. 106, Aug. 5,
1977, 91 Stat. 661; Pub.L. 95-355, Title I, Sec. 101, Sept.
8, 1978, 92 Stat. 533; Pub.L. 97-12, Sec. 102, June 5, 1981,
95 Stat. 61; Pub.L. 98-367, Sec. 1, July 17, 1984, 98 Stat.
474.)
377 Sec. 61a-11. Abolition of statutory positions in Office of
Secretary of Senate; Secretary's authority to establish
and fix compensation for positions.
Effective October 1, 1981, all statutory positions in
the Office of the Secretary (other than the positions of the
Secretary of the Senate, Assistant Secretary of the Senate,
Parliamentarian, Financial Clerk, and Director of the Office
of Classified National Security Information) are abolished,
and in lieu of the positions hereby abolished the Secretary
of the Senate is authorized to establish such number of
positions as he
[[Page 327]]
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.)
378 Sec. 61b. Compensation of Parliamentarian of Senate.
The Parliamentarian of the Senate may be paid at a
maximum annual rate of compensation not to exceed $39,000.
(Aug. 5, 1955, Ch. 568, Sec. 1, 69 Stat. 499; June 27, 1956,
Ch. 453, Sec. 101, 70 Stat. 356; Aug. 13, 1974, Pub.L. 93-
371, Sec. 4, 88 Stat. 429; July 25, 1975, Pub.L. 94-59,
Title I, Sec. 105, 89 Stat. 275.)
379 Sec. 61b-3. Professional archivist; Secretary's authority to
obtain services from General Services Administration.
For each fiscal year (beginning with the fiscal year
which ends September 30, 1982), the Secretary of the Senate
is authorized to expend from the contingent fund of the
Senate such amount as may be necessary to enable the
Secretary to obtain from the General Services Administration
the services of a professional archivist. Such services
shall be obtained on a reimbursable basis and shall not be
obtained except with the consent of the General Services
Administration and the Committee on Rules and
Administration. (Pub.L. 97-92, Title I, Sec. 125, Dec. 15,
1981, 95 Stat. 1198.)
380 Sec. 61c-1. Adjustment of rate of compensation by Secretary
of
Senate.
Any specific rate of compensation established by law, as
such rate has been increased or may hereafter be increased
by or pursuant to law, for any position under the
jurisdiction of the Secretary shall be considered as the
maximum rate of compensation for that position, and the
Secretary is authorized to adjust the rate of compensation
of an individual occupying any such position to a rate not
exceeding such maximum rate. (Pub.L. 91-382, Aug. 18, 1970,
84 Stat. 808.)
381 Sec. 61c-2. Compensation of Assistants to Majority and
Minority in Office of Secretary of Senate.
The Assistant to the Majority of the Senate and the
Assistant to the Minority of the Senate in the Office of the
Secretary of the Senate may each be paid a maximum annual
rate of compensation not to exceed $36,500. (Pub.L. 94-59,
Title I, Sec. 105, July 25, 1975, 89 Stat. 275.)
382 Sec. 61d. Compensation of Chaplain of Senate.
Effective with respect to pay periods beginning on or
after December 22, 1987, the Chaplain of the Senate shall be
compensated at a rate equal to the annual rate of basic pay
for level IV of the Executive Schedule under section 5315 of
Title 5. (Pub.L. 100-202, Sec. 101(i) [Title I, Sec. 2(a)],
Dec. 22, 1987, 101 Stat. 1329-290, 1329-294.)
[[Page 328]]
383 Sec. 61d-1. Compensation of employees of Chaplain of Senate.
The Chaplain of the Senate may appoint and fix the
compensation of such employees as he deems appropriate,
except that the amount which may be paid for any fiscal year
as gross compensation for personnel in such Office for any
fiscal year shall not exceed $147,000. (Pub.L. 91-145, Dec.
12, 1969, 83 Stat. 340; Pub.L. 100-202, Sec. 101(i) [Title
I, Sec. 2(b)], Dec. 22, 1987, 101 Stat. 1329-290, 1329-294;
Pub.L. 101-163, Title I, Sec. 10, Nov. 21, 1989, 103 Stat.
1046.)
384 Sec. 61d-2. Postage allowance for Chaplain of Senate.
The Secretary of the Senate is authorized and directed
to procure and furnish each fiscal year (commencing with the
fiscal year ending September 30, 1982) to the Chaplain of
the Senate, upon the request of the Chaplain of the Senate,
United States postage stamps in such amounts as may be
necessary for the mailing of postal matters arising in
connection with his official business. (Pub.L. 97-51,
Sec. 127(b)(1), Oct. 1, 1981, 95 Stat. 966.)
385 Sec. 61d-3. Repealed (Pub.L. 108-199, Div. H, Sec. 155(b),
Jan. 23, 2004, 118 Stat. 450).
386 Sec. 61d-4. Payment of expenses of the Chaplain of the
Senate from the contingent fund of the Senate.
(a) In general
For each fiscal year there is authorized to be expended
from the contingent fund of the Senate an amount, not in
excess of $50,000 for the Chaplain of the Senate. Payments
under this section shall be made only for expenses actually
incurred by the Chaplain of the Senate in carrying out his
functions, and shall be made upon certification and
documentation of the expenses involved, by the Chaplain
claiming payment under this section and upon vouchers
approved by the Chaplain and by the Committee on Rules and
Administration. Funds authorized for expenditure under this
section may be used to purchase food or food related items.
(b) Repeal of revolving fund
(1) Omitted.
(2) Remaining funds.
Any funds in the Chaplain Expense Revolving
Fund on the date of the repeal under this
section shall be remitted to the general fund of
the United States Treasury.
(c) Effective date
This section shall apply with respect to fiscal year
2004, and each fiscal year thereafter. (Pub.L. 108-199, Div.
H, Sec. 155, Jan. 23, 2004, 118 Stat. 450.)
387 Sec. 61e. Compensation of Sergeant at Arms and Doorkeeper of
Senate.
Note
Pursuant to Orders of the President pro tempore of the
Senate issued under authority of section 4 of the Federal
Pay Comparability Act of 1970, the annual rate of
compensation of the Sergeant at Arms and Doorkeeper of the
Senate is the same as level III of the Executive Schedule (5
U.S.C. Sec. 5314), but may not be more than $1,000 less than
the annual rate of compensation of a Senator.
[[Page 329]]
388 Sec. 61e-3. Deputy Sergeant at Arms and Doorkeeper to act on
death, resignation, disability, or absence of Sergeant
at Arms and Doorkeeper of Senate.
In the event of the death, resignation, or disability of
the Sergeant at Arms and Doorkeeper of the Senate, the
Deputy Sergeant at Arms and Doorkeeper shall act as Sergeant
at Arms and Doorkeeper of the Senate in carrying out the
duties and responsibilities of that office in all matters
until such time as a new Sergeant at Arms and Doorkeeper of
the Senate shall have been elected and qualified or such
disability shall have been ended. For purposes of this
section, the Sergeant at Arms and Doorkeeper of the Senate
shall be considered as disabled only during such period of
time as the Majority and Minority Leaders and the President
pro tempore of the Senate certify jointly to the Senate that
the Sergeant at Arms and Doorkeeper of the Senate is unable
to perform his duties. In the event that the Sergeant at
Arms and Doorkeeper of the Senate is absent, the Deputy
Sergeant at Arms and Doorkeeper shall act during such
absence as the Sergeant at Arms and Doorkeeper of the Senate
in carrying out the duties and responsibilities of the
office in all matters. (Pub.L. 97-51, Sec. 128, Oct. 1,
1981, 95 Stat. 966.)
389 Sec. 61e-4. Designation by Sergeant at Arms and Doorkeeper
of Senate of persons to approve vouchers for payment of
moneys.
The Sergeant at Arms and Doorkeeper of the Senate
(hereinafter in this section referred to as the ``Sergeant
at Arms'') may designate one or more employees in the Office
of the Sergeant at Arms and Doorkeeper of the Senate to
approve, on his behalf, all vouchers, for payment of moneys,
which the Sergeant at Arms is authorized to approve.
Whenever the Sergeant at Arms makes a designation under the
authority of the preceding sentence, he shall immediately
notify the Committee on Rules and Administration in writing
of the designation, and thereafter any approval of any
voucher, for payment of moneys, by an employee so designated
shall (until such designation is revoked and the Sergeant at
Arms notifies the Committee on Rules and Administration in
writing of the revocation) be deemed and held to be approved
by the Sergeant at Arms for all intents and purposes.
(Pub.L. 98-181, Title I, Sec. 1201, Nov. 30, 1983, 97 Stat.
1289.)
390 Sec. 61f-1a. Travel expenses of Sergeant at Arms and
Doorkeeper of the Senate.
For the purpose of carrying out his duties, the Sergeant
at Arms and Doorkeeper of the Senate is authorized to incur
official travel expenses during each fiscal year not to
exceed the sums made available for such purpose under
appropriations Acts. With the approval of the Sergeant at
Arms and Doorkeeper of the Senate and in accordance with
such regulations as may be promulgated by the Senate
Committee on Rules and Administration, the Secretary of the
Senate is authorized to advance to the Sergeant at Arms or
to any designated employee under the jurisdiction of the
Sergeant at Arms and Doorkeeper, such sums as may be
necessary to defray official travel expenses incurred in
carrying out the duties of the Sergeant at Arms and
Doorkeeper. The receipt of any such sum so advanced to the
Sergeant at Arms and Doorkeeper or to any designated
employee shall be taken and passed by the accounting
officers of the Government as a full and sufficient
[[Page 330]]
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.)
391 Sec. 61f-7. Abolition of statutory positions in Office of
Sergeant at Arms and Doorkeeper of Senate; authority to
establish and fix compensations for positions.
Effective October 1, 1981, all statutory positions in
the Office of the Sergeant at Arms and Doorkeeper of the
Senate (other than the positions of the Sergeant at Arms and
Doorkeeper of the Senate, Deputy Sergeant at Arms and
Doorkeeper, and Administrative Assistant) are abolished, and
in lieu of the positions hereby abolished the Sergeant at
Arms and Doorkeeper of the Senate is authorized to establish
such number of positions as he deems appropriate and appoint
and fix the compensation of employees to fill the positions
so established; except that the annual rate of compensation
payable to any employee appointed to fill any position
established by the Sergeant at Arms and Doorkeeper of the
Senate shall not, for any period of time, be in excess of
$1,000 less than the annual rate of compensation of the
Sergeant at Arms and Doorkeeper of the Senate for that
period of time; and except that nothing in this section
shall be construed to affect any position authorized by
statute, if the compensation for such position is to be paid
from the contingent fund of the Senate. (Pub.L. 97-51,
Sec. 116, Oct. 1, 1981, 95 Stat. 963.)
392 Sec. 61f-8. Use by Sergeant at Arms and Doorkeeper of Senate
of individual consultants or organizations, and
department and agency personnel.
For each fiscal year (beginning with the fiscal year
which ends September 30, 1982), the Sergeant at Arms and
Doorkeeper of the Senate is hereby authorized to expend from
the account for the Sergeant at Arms and Doorkeeper of the
Senate, within the contingent fund of the Senate, an amount
not to exceed $300,000 for--
(1) the procurement of the services, on a
temporary basis, of individual consultants, or
organizations thereof, with the prior consent of
the Committee on Rules and Administration; such
services may be procured by contract with the
providers acting as independent contractors, or
in the case of individuals, by employment at
daily rates of compensation not in excess of the
per diem equivalent of the highest gross rate of
annual compensation which may be paid to
employees of a standing committee of the Senate;
and any such contract shall not be subject to
the provisions of section 5 of Title 41 or any
other provision of law requiring advertising;
and
[[Page 331]]
(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.)
393 Sec. 61f-9. Employment of personnel by Sergeant at Arms and
Doorkeeper of Senate at daily rates of compensation;
authorization; limitation on amount of compensation.
The Sergeant at Arms and Doorkeeper of the Senate, in
carrying out the duties of his office, is authorized to
employ personnel at daily rates of compensation; no
individual so employed shall be paid at a daily rate of
compensation which is in excess of the per diem equivalent
of the highest gross rate of annual compensation which may
be paid to employees of a standing committee of the Senate;
and payments under authority of this section shall be made
from the account, within the contingent fund of the Senate,
for the ``Sergeant at Arms and Doorkeeper of the Senate'',
upon vouchers approved by the Sergeant at Arms and
Doorkeeper of the Senate. (Pub.L. 98-367, Title I, Sec. 6,
July 17, 1984, 98 Stat. 475.)
394 Sec. 61f-10. Procurement of temporary help.
(a) In general
(1) Subject to regulations that the Committee on Rules
and Administration of the Senate may prescribe, the
Secretary of the Senate and the Sergeant at Arms and
Doorkeeper of the Senate may procure temporary help services
from a private sector source that offers such services. Each
procurement of services under this subsection shall be for
no longer than 30 days.
(2) A person performing services procured under
paragraph (1) shall not, during the period of the
performance of the services, be an employee of the United
States or be considered to be an employee of the United
States for any purpose.
(b) This section shall take effect on October 1, 2001,
and shall apply in fiscal year 2002 and successive fiscal
years. (Pub.L. 107-68, Title I, Sec. 109, Nov. 12, 2001, 115
Stat. 569.)
395 Sec. 61f-11. Provision of services and equipment on a
reimbursable basis.
(a) In general
Subject to the approval of the Committee on Rules and
Administration of the Senate, the Sergeant at Arms and
Doorkeeper of the Senate may provide services and equipment
funded by appropriations available to the Senate to persons
and entities not funded by such appropriations.
(b) Reimbursement required
The provision of services and equipment under subsection
(a) of this section shall be on a reimbursable basis.
[[Page 332]]
(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.)
396 Sec. 61f-12. Treatment of electronic services provided by
Sergeant at Arms.
(a) In General
The Office of the Sergeant at Arms and Doorkeeper of the
United States Senate, and any officer, employee, or agent of
the Office, shall not be treated as acquiring possession,
custody, or control of any electronic mail or other
electronic communication, data, or information by reason of
its being transmitted, processed, or stored (whether
temporarily or otherwise) through the use of an electronic
system established, maintained, or operated, or the use of
electronic services provided, in whole or in part by the
Office.
(b) Effective date
This section shall apply to fiscal year 2005 and each
fiscal year thereafter. (Pub.L. 108-447, Div. G, Title I,
Sec. 10, Dec. 8, 2004, 118 Stat. 3170; Pub.L. 109-289, Div.
B, Title II, Sec. 20701(c)(1), as added Pub.L. 110-5,
Sec. 2, Feb. 15, 2007, 121 Stat. 38.)
397 Sec. 61f-13. Media support services.
(a) Definitions
In this section, the terms ``national committee'' and
``political party'' have the meaning given such terms in
section 431 of this title.
(b) In general
The official duties of employees of the Sergeant at Arms
and Doorkeeper of the Senate under the Senate Daily Press
Gallery, the Senate Periodical Press Gallery, the Senate
Press Photographers Gallery, and the Senate Radio and
Television Correspondents Gallery may include providing
media support services with respect to the presidential
nominating conventions of the national committees of
political parties.
(c) Approval of Sergeant at Arms
The terms and conditions under which employees perform
official duties under subsection (b) of this section shall
be subject to the approval of the Sergeant at Arms and
Doorkeeper of the Senate.
[[Page 333]]
(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.)
398 Sec. 61g-6. Payment of expenses of Conference of Majority
and
Conference of Minority from Senate contingent fund.
For each fiscal year (beginning with the fiscal year
which ends September 30, 1982) there is authorized to be
expended from the contingent fund of the Senate such amount
as necessary for the Conference of the Majority and an equal
amount for the Conference of the Minority. 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.)
399 Sec. 61g-6a. Salaries and expenses for Senate Majority and
Minority Policy Committees and Senate Majority and
Minority
Conference Committees.
(a) Transfer of funds for Policy Committees
(1) The Chairman of the Majority or Minority Policy
Committee of the Senate may, during any fiscal year, at his
or her election transfer funds from the appropriation
account for salaries for the Majority and Minority Policy
Committees of the Senate, to the account, within the
contingent fund of the Senate, from which expenses are
payable for such committees.
(2) The Chairman of the Majority or Minority Policy
Committee of the Senate may, during any fiscal year, at his
or her election transfer funds from the appropriation
account for expenses, within the contingent fund of the
Senate, for the Majority and Minority Policy Committees of
the Senate, to the account from which salaries are payable
for such committees.
(b) Transfer of funds for Conference Committees
(1) The Chairman of the Majority or Minority Conference
Committee of the Senate may, during any fiscal year, at his
or her election transfer funds from the appropriation
account for salaries for the Majority and Minority
Conference Committees of the Senate, to the account, within
the contingent fund of the Senate, from which expenses are
payable for such committees.
(2) The Chairman of the Majority or Minority Conference
Committee of the Senate may, during any fiscal year, at his
or her election transfer funds from the appropriation
account for expenses, within the contingent fund of the
Senate, for the Majority and Minority Conference Committees
[[Page 334]]
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.)
400 Sec. 61g-6b. Offices of the Secretaries of the Conference of
the Majority and the Conference of the Minority.
(a) In general
Upon the written request of the Secretary of the
Conference of the Majority or the Secretary of the
Conference of the Minority, the Secretary of the Senate
shall transfer from the appropriations account appropriated
under the subheading ``OFFICES OF THE SECRETARIES OF THE
CONFERENCE OF THE MAJORITY AND THE CONFERENCE OF THE
MINORITY'' under the heading ``Salaries, Officers and
Employees'' such amount as the Secretary of the Conference
of the Majority or the Secretary of the Conference of the
Minority shall specify to the appropriations account under
the heading ``MISCELLANEOUS ITEMS'' within the contingent
fund of the Senate.
(b) Authority to incur expenses
The Secretary of the Conference of the Majority or the
Secretary of the Conference of the Minority may incur such
expenses as may be necessary or appropriate. Expenses
incurred by the Secretary of the Conference of the Majority
or the Secretary of the Conference of the Minority shall be
paid from the amount transferred under subsection (a) of
this section by the Secretary of the Conference of the
Majority or the Secretary of the Conference of the Minority
and upon vouchers approved by the Secretary of the
Conference of the Majority or the Secretary of the
Conference of the Minority, as applicable.
(c) Authority to advance sums
The Secretary of the Senate may advance such sums as may
be necessary to defray expenses incurred in carrying out
subsections (a) and (b) of this section.
(d) Effective date
This section shall apply to fiscal year 2008 and each
fiscal year thereafter. (Pub.L. 110-161, Div. H, Title I,
Sec. 3, Dec. 26, 2007, 121 Stat. 2221.)
[[Page 335]]
401 Sec. 61g-7. Services of consultants to Majority and Minority
Conference Committee of Senate.
(a) Authorization of expenditure with approval of Committee
on Rules and Administration
Funds authorized to be expended under section 61g-6 of
this title may be used by the Majority or Minority
Conference Committee of the Senate, with the approval of the
Committee on Rules and Administration, to procure the
temporary services (not in excess of one year) or
intermittent services of individual consultants, or
organizations thereof, to make studies or advise the
committee with respect to any matter within its jurisdiction
or with respect to the administration of the affairs of the
committee.
(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.)
402 Sec. 61g-8. Utilization of funds for specialized training of
professional staff for Majority and Minority Conference
Committee of the Senate.
Funds appropriated to the Conference of the Majority and
funds appropriated to the Conference of the Minority for any
fiscal year (commencing with the fiscal year ending
September 30, 1991), may be utilized in such amounts as the
Chairman of each Conference deems appropriate for the
specialized training of professional staff, subject to such
limitations, insofar as they are applicable, as are imposed
by the Committee on Rules and Administration with respect to
such training when provided to professional staff of
standing committees of the Senate. (Pub.L. 101-520, Title I,
Sec. 2, Nov. 5, 1990, 104 Stat. 2257.)
403 Sec. 61h-4. Appointment of employees by Senate Majority and
Minority Leaders; compensation.
Effective April 1, 1977, the Majority Leader and the
Minority Leader are each authorized to appoint and fix the
compensation of such employees as they deem appropriate:
Provided, That the gross compensation paid to such employees
shall not exceed $191,700 each fiscal year for each Leader.
(Pub.L. 95-26, Title I, May 4, 1977, 91 Stat. 80.)
Note
S. Res. 89, 100-1, Jan. 28, 1987, established within the
offices of Majority and Minority Leaders the positions of
chief of staff for the Majority Leader and chief of staff
for the Minority Leader. Rate of compensation shall be fixed
by
[[Page 336]]
the appropriate leader, not to exceed the maximum annual
rate of gross compensation of the Assistant Secretary of the
Senate.
404 Sec. 61h-5. Assistants to Senate Majority and Minority
Leaders for Floor Operations; establishment of
positions; appointment; compensation.
Effective October 1, 1983, there is established within
the Offices of the Majority and Minority Leaders the
positions of Assistant to the Majority Leader for Floor
Operations and Assistant to the Minority Leader for Floor
Operations, respectively. Individuals appointed to such
positions by the Majority Leader and Minority Leader,
respectively, shall receive compensation at a rate fixed by
the appropriate Leader not to exceed the maximum annual rate
of gross compensation of the Assistant Secretary of the
Senate. (Pub.L. 98-51, Title I, Sec. 101(a), July 14, 1983,
97 Stat. 265.)
405 Sec. 61h-6. Appointment of consultants by Majority Leader,
Minority Leader, Secretary of Senate, and Legislative
Counsel of Senate; compensation.
(a) The Majority Leader and the Minority Leader, are
each authorized to appoint and fix the compensation of not
more than nine\1\ individual consultants, on a temporary or
intermittent basis, at a daily rate of compensation not in
excess of the per diem equivalent of the highest gross rate
of annual compensation which may be paid to employees of a
standing committee of the Senate. The President pro tempore
of the Senate is authorized to appoint and fix the
compensation of not more than two individual consultants, on
a temporary or intermittent basis, at a daily rate of
compensation not in excess of that specified in the first
sentence of this subsection. The President pro tempore
emeritus, of the Senate is authorized to appoint and fix the
compensation of one individual consultant, on a temporary or
intermittent basis, at a daily rate of compensation not in
excess of that specified in the first sentence of this
subsection. The Secretary of the Senate is authorized to
appoint and fix the compensation of not more than two
individual consultants, on a temporary or intermittent
basis, at a daily rate of compensation not in excess of the
per diem equivalent of the highest gross rate of annual
compensation which may be paid to employees of a standing
committee of the Senate. The Legislative Counsel of the
Senate (subject to the approval of the President pro
tempore) is authorized to appoint and fix the compensation
of not more than two consultants, on a temporary or
intermittent basis, at a daily rate of compensation not in
excess of that specified in the first sentence of this
section. The provisions of section 8344 and 8468 of Title 5
shall not apply to any individual serving in a position
under this authority. Expenditures under this authority
shall be paid from the contingent fund of the Senate upon
vouchers approved by the President pro tempore, President
pro tempore emeritus, Majority Leader, Minority Leader,
Secretary of the Senate, or Legislative Counsel of the
Senate, as the case may be.
\1\See note entitled ``Consultants'' under this section.
(b) Any or all appointments under this section may be at
an annual rate of compensation rather than at a daily rate
of compensation, but such annual rate shall not be in excess
of the highest gross rate of
[[Page 337]]
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. 110-161, Div. H, Title I, Sec. 8, Dec. 26, 2007,
121 Stat. 2222, provided that: ``With respect to fiscal year
2008, the first sentence of section 101(a) of the
Supplemental Appropriations Act, 1977 (2 U.S.C. 61h-6(a)
[subsec. (a) of this section]) shall be applied by
substituting `nine individual consultants' for `eight
individual consultants'.''.
Similar provisions were contained in the following
appropriations Acts:
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.
Pub.L. 108-83, Title I, Sec. 6, Sept. 30, 2003,
117 Stat. 1013.
406 Sec. 61h-7. Chiefs of Staff for Senate Majority and Minority
Leaders; appointment; compensation.
(a) There is established within the Offices of the
Majority and Minority Leaders the positions of Chief of
Staff for the Majority Leader and Chief of Staff for the
Minority Leader, respectively. Individuals appointed to such
positions by the Majority Leader and Minority Leader,
respectively, shall receive compensation at a rate fixed by
the appropriate Leader not to exceed the maximum annual rate
of gross compensation of the Assistant Secretary of the
Senate.
(b) Gross compensation for employees filling positions
established by subsection (a) of this section for the fiscal
year ending September 30, 1987, shall be paid out of any
funds available in the Senate appropriation for such year
under the item ``Salaries, Officers and Employees''. (Pub.L.
101-163, Title I, Sec. 9, Nov. 21, 1989, 103 Stat. 1046.)
407 Sec. 61j-2. Compensation and appointment of employees by
Senate Majority and Minority Whips.
Effective April 1, 1977, the Majority Whip and the
Minority Whip are each authorized to appoint and fix the
compensation of such employees as they deem appropriate:
Provided, That the gross compensation paid to such employees
shall not exceed $111,100 each fiscal year for each Whip.
(Pub.L. 95-26, Title I, May 4, 1977, 91 Stat. 80.)
408 Sec. 61k. Appointment and compensation of employees by
President pro tempore of Senate.
Effective October 1, 1979, the President pro tempore is
authorized to appoint and fix the compensation of such
employees as he deems appropriate: Provided, That the gross
compensation paid to such employees shall not exceed
$123,000 each fiscal year. (Pub.L. 96-38, Title I, Sec. 101,
July 25, 1979, 93 Stat. 111.)
[[Page 338]]
409 Sec. 61l. Appointment and compensation of Administrative
Assistant, Legislative Assistant, and Executive
Secretary for Deputy President pro tempore of Senate.
Effective April 1, 1977, the Deputy President pro
tempore is authorized to appoint and fix the compensation of
an Administrative Assistant at not to exceed $47,595 per
annum; a Legislative Assistant at not to exceed $40,080 per
annum, and an Executive Secretary at not to exceed $23,380
per annum. (Pub.L. 95-26, Title I, May 4, 1977, 91 Stat.
80.)
410 Sec. 62. Limitation on compensation of Sergeant at Arms and
Doorkeeper of Senate.
The Sergeant at Arms and Doorkeeper of the Senate shall
receive, directly or indirectly, no fees or other
compensation or emolument whatever for performing the duties
of the office, or in connection therewith, other than the
salary prescribed by law. (June 20, 1874, Ch. 328, 18 Stat.
85; Mar. 3, 1875, Ch. 129, 18 Stat. 344.)
411 Sec. 63. Repealed (Pub.L. 104-186, Title II, Sec. 204(21),
Aug. 20, 1996, 110 Stat. 1733).
412 Sec. 64. Omitted.
413 Sec. 64-1. Employees of Senate Disbursing Office;
designation by Secretary of Senate to administer oaths
and affirmations.
The Secretary of the Senate is, on and after November 1,
1973, authorized to designate, in writing, employees of the
Disbursing Office of the Senate to administer oaths and
affirmations, with respect to matters relating to that
Office, authorized or required by law or rules or orders of
the Senate (including the oath of office required by section
3331 of Title 5). During any period in which he is so
designated, any such employee may administer such oaths and
affirmations. (Pub.L. 93-145, Nov. 1, 1973, 87 Stat. 532.)
414 Sec. 64-2. Transfers of funds by Secretary of Senate;
approval of Committee on Appropriations.
During any fiscal year (commencing with the fiscal year
beginning October 1, 1982) the Secretary of the Senate is
authorized to make such transfers between appropriations of
funds available for disbursement by him during such year,
subject to the approval of the Committee on Appropriations
of the Senate. (Pub.L. 97-276, Sec. 101(e), Oct. 2, 1982, 96
Stat. 1189.)
415 Sec. 64-3. Reimbursement for Capitol Police salaries paid by
Senate for service at Federal Law Enforcement Training
Center.
Notwithstanding any other provision of law, the Chief of
the Capitol Police is authorized to receive moneys from the
Department of the Treasury as reimbursements for salaries
paid by the Capitol Police in connection with certain
officers and members of the United States Capitol Police
serving as instructors at the Federal Law Enforcement
Training Center. Moneys so received shall be deposited in
the Treasury of the United States as miscellaneous receipts.
(Pub.L. 95-26, Title I, Sec. 111, May 4, 1977, 91 Stat. 87;
Pub.L. 108-7, Div. H, Title I, Sec. 1018(h)(3), Feb. 20,
2003, 117 Stat. 369.)
[[Page 339]]
416 Sec. 64a. Death, resignation, or disability of Secretary and
Assistant Secretary of Senate; Financial Clerk deemed
successor as disbursing officer.
For any period during which both the Secretary and the
Assistant Secretary of the Senate are unable (because of
death, resignation, or disability) to discharge such
Secretary's duties as disbursing officer of the Senate, the
Financial Clerk of the Senate shall be deemed to be the
successor of such Secretary as disbursing officer. (Mar. 3,
1926, Ch. 44, Sec. 1, 44 Stat. 162; Oct. 31, 1969, Pub.L.
91-105, Sec. 2, 83 Stat. 169; Aug. 18, 1970, Pub.L. 91-382,
Sec. 101, 84 Stat. 810; June 6, 1972, Pub.L. 92-310,
Sec. 220(g), 86 Stat. 204; July 17, 1984, Pub.L. 98-367,
Sec. 2(a), 98 Stat. 474.)
417 Sec. 64b. Death, resignation, or disability of Secretary of
Senate; Assistant Secretary of Senate to act as
Secretary; written designation of absent status.
In the event of the death, resignation, or disability of
the Secretary of the Senate, the Assistant Secretary of the
Senate shall act as Secretary in carrying out the duties and
responsibilities of that office in all matters until such
time as a new Secretary shall have been elected and
qualified or such disability shall have been ended. For
purposes of this section and section 64a of this title, the
Secretary of the Senate shall be considered as disabled only
during such period of time as the Majority and Minority
Leaders and the President pro tempore of the Senate certify
jointly to the Senate that the Secretary is unable to
perform his duties. In the event that the Secretary of the
Senate is absent or is to be absent for reasons other than
disability (as provided in this paragraph), and makes a
written designation that he is or will be so absent, the
Assistant Secretary shall act during such absence as the
Secretary in carrying out the duties and responsibilities of
the office in all matters. The designation may be revoked in
writing at any time by the Secretary, and is revoked
whenever the Secretary making the designation dies, resigns,
or is considered disabled in accordance with this paragraph.
(Pub.L. 92-184, Sec. 401, Dec. 15, 1971, 85 Stat. 635;
Pub.L. 93-371, Sec. 1, Aug. 13, 1974, 88 Stat. 427; Pub.L.
98-367, Sec. 2(b), July 17, 1984, 98 Stat. 474.)
418 Sec. 65a. Insurance of office funds of Secretary of Senate
and Sergeant at Arms; payment of premiums.
The Secretary of the Senate and the Sergeant at Arms on
and after June 27, 1956, are authorized and directed to
protect the funds of their respective offices by purchasing
insurance in an amount necessary to protect said funds
against loss. Premiums on such insurance shall be paid out
of the contingent fund of the Senate, upon vouchers approved
by the chairman of the Committee on Rules and
Administration. (June 27, 1956, Ch. 453, Sec. 101, 70 Stat.
360.)
419 Sec. 65b. Advances to Sergeant at Arms of Senate for
extraordinary expenses.
The Secretary of the Senate, on and after July 31, 1958,
is authorized, in his discretion, to advance to the Sergeant
at Arms of the Senate such sums as may be necessary, not
exceeding $4,000, to meet any extraordinary expenses of the
Senate. (Pub.L. 85-570, July 31, 1958,
[[Page 340]]
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.)
420 Sec. 65c. Expense allowance for Secretary of Senate,
Sergeant at Arms and Doorkeeper of Senate, and
Secretaries for Senate Majority and Minority.
(a) Notwithstanding any other provision of law, there is
hereby established an account, within the Senate, to be
known as the ``Expense Allowance for the Secretary of the
Senate, Sergeant at Arms and Doorkeeper of the Senate and
Secretaries for the Majority and for the Minority, of the
Senate'' (hereinafter in this section referred to as the
``Expense Allowance''). For each fiscal year (commencing
with the fiscal year ending September 30, 1981) there shall
be available from the Expense Allowance an expense allotment
not to exceed $6,000 for each of the 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.)
421 Sec. 65d. Funds advanced by Secretary of Senate to Sergeant
at Arms and Doorkeeper of Senate to defray office
expenses; accountability; maximum amount; vouchers.
From funds available for any fiscal year (commencing
with the fiscal year ending September 30, 1984), the
Secretary of the Senate shall advance to the Sergeant at
Arms and Doorkeeper of the Senate for the purpose of
defraying office expenses such sums (for which the Sergeant
at Arms and Doorkeeper shall be accountable) not in excess
of $1,000 at any one time, as such Sergeant at Arms shall
from time to time request; except that the aggregate of the
sums so advanced during the fiscal year shall not exceed
$10,000.
In accordance with the provisions of this section, a
detailed voucher shall be submitted to the Secretary of the
Senate by such Sergeant at Arms whenever necessary, in order
to replenish funds expended. (Pub.L. 98-51, Sec. 104, July
14, 1983, 97 Stat. 266.)
422 Sec. 65f. Funds for Secretary of Senate to assist in proper
discharge within United States of responsibilities to
foreign parliamentary groups or other foreign officials.
(a) On and after July 11, 1987, the Secretary of the
Senate is authorized to use any available funds (but not in
excess of $50,000 for any fiscal year), out of the
appropriation account (within the Contingent Fund of the
Senate) for the Secretary of the Senate, to assist him
[[Page 341]]
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.)
423 Sec. 66a. Restriction on payment of dual compensation by
Secretary of Senate.
Unless otherwise specifically authorized by law, no part
of any appropriation disbursed by the Secretary of the
Senate shall be available for payment of compensation to any
person holding any position, for any period for which such
person received compensation for holding any other position,
the compensation for which is disbursed by the Secretary of
the Senate. (June 27, 1956, Ch. 453, 70 Stat. 360.)
424 Sec. 67. Clerks to Senators-elect.
A Senator entitled to receive his own salary may appoint
the usual clerical assistants allowed Senators. (Mar. 2,
1895, Ch. 177, Sec. 1, 28 Stat. 766, June 19, 1934, Ch. 648,
Title I, Sec. 1, 48 Stat. 1022.)
425 Sec. 68. Payments from Senate contingent fund.
No payment shall be made from the contingent fund of the
Senate unless sanctioned by the Committee on Rules and
Administration of the Senate. Payments made upon vouchers or
abstracts of disbursements of salaries approved by said
Committee shall be deemed, held, and taken, and are declared
to be conclusive upon all the departments and officers of
the Government: Provided, That no payment shall be made from
said contingent fund as additional salary or compensation to
any officer or employee of the Senate. (Oct. 2, 1888, Ch.
1069, Sec. 1, 25 Stat. 546; Aug. 2, 1946, Ch. 753, Sec. 102,
60 Stat. 814; Pub.L. 93-554, Title I, Ch. III, Sec. 101,
Dec. 27, 1974, 88 Stat. 1776; Pub.L. 104-186, Title I,
Sec. 105(c), Aug. 20, 1996, 110 Stat. 1722.)
426 Sec. 68-1. Committee on Rules and Administration;
designation of employees to approve vouchers for
payments from Senate contingent fund.
The Committee on Rules and Administration may authorize
its chairman to designate any employee or employees of such
Committee to approve in his behalf, all vouchers making
payments from the contingent fund of the Senate, such
approval to be deemed and held to be approval by the
Committee on Rules and Administration for all intents and
pur
[[Page 342]]
poses. (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.)
427 Sec. 68-2. Appropriations for contingent expenses of Senate;
restrictions.
Appropriations made for contingent expenses of the
Senate shall not be used for the payment of personal
services except upon the express and specific authorization
of the Senate in whose behalf such services are rendered.
Nor shall such appropriations be used for any expenses not
intimately and directly connected with the routine
legislative business of the Senate, and the Government
Accountability Office shall apply the provisions of this
section in the settlement of the accounts of expenditures
from said appropriations incurred for services or materials.
(Feb. 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.)
428 Sec. 68-3. Separate accounts for ``Secretary of the Senate''
and for ``Sergeant at Arms and Doorkeeper of the
Senate''; establishment within Senate contingent fund;
inclusion of funds in existing accounts.
(a) Effective October 1, 1983--
(1) there shall be, within the contingent
fund of the Senate, a separate account for the
``Secretary of the Senate'', and a separate
account for the ``Sergeant at Arms and
Doorkeeper of the Senate'';
(2) the account for ``Automobiles and
Maintenance'', within the contingent fund of the
Senate, is abolished, and funds for the
purchase, lease, exchange, maintenance, and
operation of vehicles for the Senate shall be
included in the separate account, established by
paragraph (1), for the ``Sergeant at Arms and
Doorkeeper of the Senate''; and
(3) the account for ``Postage Stamps'',
within the contingent fund of the Senate, is
abolished; and funds for special delivery
postage of the Office of the Secretary of the
Senate shall be included in the separate
account, established by paragraph (1) for the
``Secretary of the Senate''; funds for special
delivery postage of the Sergeant at Arms and
Doorkeeper of the Senate shall be included in
the separate account, established by paragraph
(1), for the ``Sergeant at Arms and Doorkeeper
of the Senate''; and postage stamps for the
Secretaries for the Majority and the Minority
and other offices and officers of the Senate, as
authorized by law, shall be included in the
account for ``Miscellaneous Items'', within the
contingent fund of the Senate.
(b) Any provision of law which was enacted, or any
Senate resolution which was agreed to, prior to October 1,
1983, and which authorizes moneys in the contingent fund of
the Senate to be expended by or for the use of the Secretary
of the Senate, or his office (whether generally or from a
specified account within such fund) may on and after October
1, 1983, be construed to authorize such moneys to be
expended from the separate account, within such fund,
established by subsection (a)(1) of this section for the
``Secretary of the Senate''; and any provision of law which
was enacted prior to October 1, 1983, and which authorizes
moneys in the contingent fund of the Senate to be expended
by or
[[Page 343]]
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.)
429 Sec. 68-5. Purchase, lease, exchange, maintenance, and
operation of vehicles out of account for Sergeant at
Arms and Doorkeeper of Senate within Senate contingent
fund; authorization of appropriations.
For each fiscal year (commencing with the fiscal year
ending September 30, 1985) there is authorized to be
appropriated to the account, within the contingent fund of
the Senate, for the Sergeant at Arms and Doorkeeper of the
Senate, such funds (which shall be in addition to funds
authorized to be so appropriated for other purposes) as may
be necessary for the purchase, lease, exchange, maintenance,
and operation of vehicles as follows: one for the Vice
President, one for the President pro tempore of the Senate,
one for the Majority Leader of the Senate, one for the
Minority Leader of the Senate, one for Majority Whip of the
Senate, one for the Minority Whip of the Senate, one for the
attending physician, one as authorized by Senate Resolution
90 of the 100th Congress, such number as is needed for
carrying mails, and for official use of the offices of the
Secretary of the Senate, the Sergeant at Arms and Doorkeeper
of the Senate, the Secretary for the Majority, and the
Secretary for the Minority, and such additional number as is
otherwise specifically authorized by law. (Pub.L. 99-88,
Title I, Sec. 192, Aug. 15, 1985, 99 Stat. 349; Pub.L. 100-
202, Sec. 101(i) [Title I, Sec. 3(a)], Dec. 22, 1987, 101
Stat. 1329-290, 1329-294.)
430 Sec. 68-6. Transfers from appropriations accounts for
expenses of Office of Secretary of Senate and Office of
Sergeant at Arms and Doorkeeper of Senate.
(a) The Secretary of the Senate is authorized, with the
approval of the Senate Committee on Appropriations, to
transfer, during any fiscal year (1) from the appropriations
account, within the contingent fund of the Senate, for
expenses of the Office of the Secretary of the Senate, such
sums as he shall specify to the Senate appropriations
account, appropriated under the headings ``Salaries,
Officers and Employees'' and ``Office of the Secretary'',
and (2) from the Senate appropriations account, appropriated
under the headings ``Salaries, Officers and Employees'' and
``Office of the Secretary'' to the appropriations account,
within the contingent fund of the Senate, for expenses of
the Office of the Secretary of the Senate, such sums as he
shall specify; and any funds so transferred shall be
available in like manner and for the same purposes as are
other funds in the account to which the funds are
transferred.
(b) The Sergeant at Arms and Doorkeeper of the Senate is
authorized, with the approval of the Senate Committee on
Appropriations, to transfer, during any fiscal year, from
the appropriations account, within the contingent fund of
the Senate, for expenses of the Office of the Sergeant at
Arms and Doorkeeper of the Senate, such sums as he shall
specify to the appropriations account, appropriated under
the headings ``Salaries, Officers and Employees'' and
``Office of the Sergeant at Arms and
[[Page 344]]
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.)
431 Sec. 68-6a. Transfers from appropriations account for
expenses of Office of Sergeant at Arms and Doorkeeper of
Senate.
The Sergeant at Arms and Doorkeeper of the Senate is
authorized, with the approval of the Senate Committee on
Appropriations, to transfer, during any fiscal year, from
the appropriations account, appropriated under the headings
``Salaries, Officers and Employees'' and ``Office of the
Sergeant at Arms and Doorkeeper'' such sums as he shall
specify to the appropriations account, within the contingent
fund of the Senate, for expenses of the Office of the
Sergeant at Arms and Doorkeeper of the Senate; and any funds
so transferred shall be available in like manner and for the
same purposes as are other funds in the account to which the
funds are transferred. (Pub.L. 101-520, Title I, Sec. 5,
Nov. 5, 1990, 104 Stat. 2258.)
432 Sec. 68-7. Senate Office of Public Records Revolving Fund.
(a) Establishment
There is established in the Treasury of the United
States a revolving fund within the contingent fund of the
Senate to be known as the ``Senate Office of Public Records
Revolving Fund'' (hereafter in this section referred to as
the ``revolving fund'').
(b) Source of moneys for deposit in Fund; availability of
moneys in Fund
All moneys received on and after October 1, 1989, by the
Senate Office of Public Records from fees and other charges
for services shall be deposited to the credit of the
revolving fund. Moneys in the revolving fund shall be
available without fiscal year limitation for disbursement by
the Secretary of the Senate for use in connection with the
operation of the Senate Office of Public Records including
supplies, equipment, and other expenses.
(c) Vouchers
Disbursements from the revolving fund shall be made upon
vouchers approved by the Secretary of the Senate.
(d) Regulations
The Secretary of the Senate is authorized to prescribe
such regulations as may be necessary to carry out the
provisions of this section.
(e) Transfer of moneys into Fund
To provide capital for the revolving fund, the Secretary
of the Senate is authorized to transfer, from moneys
appropriated for fiscal year 1990 to the account
``Miscellaneous Items'' in the contingent fund of the
Senate, to the revolving fund such sum as he may determine
necessary, not to exceed $30,000. (Pub.L. 101-163, Title I,
Sec. 13, Nov. 21, 1989, 103 Stat. 1047.)
[[Page 345]]
433 Sec. 68-8. Vouchering Senate office charges.
(a) Senate support office charges
Charges for expenses of any office, the funds of which
are disbursed by the Secretary of the Senate, may be
vouchered by a Senate support office paying such expenses or
to which such charges are owed for goods or services
provided, if--
(1) such charges are paid on behalf of the
office incurring such expenses by such Senate
support office; or
(2) such charges are payable to such Senate
support office for goods or services provided by
such office to the office incurring such
expenses.
(b) Payment charged to official funds
Payments under this section shall be charged to the
official funds of the office on whose behalf the expenses
were paid, or which received the goods or services for which
payment is required.
(c) Certification
Any voucher submitted by a Senate support office
pursuant to this section shall be accompanied by a
certification from such office of the amount and that such
purchases were of the nature that they could be charged to
the official funds of the office on whose behalf charges
were paid, or to which goods or services were provided.
(d) Regulations
Vouchers under this section shall be submitted and paid
subject to such regulations as may be promulgated by the
Committee on Rules and Administration.
(Pub.L. 103-69, Title I, Sec. 1, Aug. 11, 1993, 107 Stat.
695.)
434 Sec. 68a. Materials, supplies, and fuel payments from Senate
contingent fund.
Payments from the contingent fund of the Senate for
materials and supplies (including fuel) purchased through
the Administrator of General Services shall be made by check
upon vouchers approved by the Committee on Rules and
Administration of the Senate. (July 8, 1935, Ch. 374,
Sec. 1, 49 Stat. 463; Aug. 2, 1946, Ch. 753, Sec. 102, 60
Stat. 814; June 30, 1949, Ch. 288, Sec. 102(a), 63 Stat.
380.)
435 Sec. 68b. Per diem and subsistence expenses from Senate
contingent fund.\1\
\1\Pursuant to the authority granted by section 68b the
Committee on Rules and Administration issues ``United
States Senate Travel Regulations.'' Copies of the
regulations currently in effect may be obtained from the
Committee.
No part of the appropriations made under the heading
``Contingent Expenses of the Senate'' may be expended for
per diem and subsistence expenses (as defined in section
5701 of Title 5) at rates in excess of the rates prescribed
by the Committee on Rules and Administration; except that
(1) higher rates may be established by the Committee on
Rules and Administration for travel beyond the limits of the
continental United States, and (2) in accordance with
regulations prescribed by the Committee on Rules and
Administration of the Senate, reimbursement for such
expenses may be made on an actual expense basis of
[[Page 346]]
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.)
436 Sec. 68c. Computation of compensation for stenographic
assistance of committees payable from Senate contingent
fund.
Compensation for stenographic assistance of committees
paid out of the items under ``Contingent Expenses of the
Senate'' shall be computed at such rates\1\ and in
accordance with such regulations as may be prescribed by the
Committee on Rules and Administration, notwithstanding, and
without regard to any other provision of law. (June 27,
1956, Ch. 453, Sec. 101, 70 Stat. 360.)
\1\Pursuant to the authority granted by section 68c the
Committee on Rules and Administration issues
``Regulations Governing Rates Payable to Commercial
Reporting Firms for Reporting Committee Hearings in the
Senate.'' Copies of the regulations currently in effect
may be obtained from the Committee.
437 Sec. 68e. Advance payments by Secretary of Senate.
(a) For fiscal year 1998, and each fiscal year
thereafter, the Secretary of the Senate is authorized to
make advance payments under a contract or other agreement to
provide a service or deliver an article for the United
States Government without regard to the provisions of
section 3324 of Title 31.
(b) An advance payment authorized by subsection (a)
shall be made in accordance with regulations issued by the
Committee on Rules and Administration of the Senate.
(c) The authority granted by subsection (a) shall not
take effect until regulations are issued pursuant to
subsection (b).
(Pub.L. 105-55, Title I, Sec. 1, Oct. 7, 1997, 111 Stat.
1179.)
438 Sec. 69. Expenses of committees payable from Senate
contingent fund.
When any duty is imposed upon a committee involving
expenses that are ordered to be paid out of the contingent
fund of the Senate, upon vouchers to be approved by the
chairman of the committee charged with such duty, the
receipt of such chairman for any sum advanced to him or his
order out of said contingent fund by the Secretary of the
Senate for committee expenses not involving personal
services shall be taken and passed by the accounting
officers of the Government as a full and sufficient voucher;
but it shall be the duty of such chairman, as soon as
practicable, to furnish to the Secretary of the Senate
vouchers in detail for the expenses so incurred. (Mar. 3,
1879, Ch. 183, 20 Stat. 419; June 10, 1921, Ch. 18,
Sec. 305, 42 Stat. 24; June 22, 1949, Ch. 235, Sec. 101, 63
Stat. 218.)
[[Page 347]]
Cross Reference
Payments from contingent fund of Senate not to be made
unless sanctioned, the vouchers of which are declared
conclusive upon all departments of Government, see section
68 of this title (Senate Manual section 425).
439 Sec. 69-1. Availability of funds for franked mail expenses.
Funds in the account, within the contingent fund of the
Senate, available for the expenses of inquiries and
investigations shall be available for franked mail expenses
incurred by committees of the Senate the other expenses of
which are paid from that account. (Pub.L. 105-55, Title I,
Sec. 6(b), Oct. 7, 1997, 111 Stat. 1181.)
440 Sec. 69a. Orientation seminars, etc., for new Senators,
Senate
officials or members of staffs of Senators or Senate
officials; payment of expenses.
Effective July 1, 1979, there is authorized an expense
allowance for the Office of the Secretary of the Senate and
the Office of Sergeant at Arms and Doorkeeper of the Senate
which shall not exceed $30,000 each fiscal year for each
such office. Payments made under this section shall be
reimbursements only for actual expenses (including meals and
food-related expenses) incurred in the course of conducting
orientation seminars for Senators, Senate officials, or
members of the staffs of Senators or Senate officials and
other similar meetings, in the Capitol Building or the
Senate Office Buildings. Such payments shall be made upon
certification and documentation of such expenses by the
Secretary and Sergeant at Arms, respectively, and shall be
made out of the contingent fund of the Senate upon vouchers
signed by the Secretary and the Sergeant at Arms,
respectively. Amounts received as reimbursement of such
expenses shall not be reported as income, and the expenses
so reimbursed shall not be allowed as a deduction, under
Title 26. (Pub.L. 96-38, Title I, Sec. 107(a), July 25,
1979, 93 Stat. 112; Pub.L. 99-88, Sec. 193, Aug. 15, 1985,
99 Stat. 349; Pub.L. 100-202, Sec. 101(i) [Title I, Sec. 6],
Dec. 22, 1987, 101 Stat. 1329-290, 1329-294; Pub.L. 102-392,
Title I, Sec. 3, Oct. 6, 1992, 106 Stat. 1706; Pub.L. 108-
83, Title I, Sec. 4, Sept. 30, 2003, 117 Stat. 1013; Pub.L.
110-161, Div. H, Title I, Sec. 6(a), Dec. 26, 2007, 121
Stat. 2222.)
441 Sec. 69b. Senate Leader's Lecture Series.
(a) There is established the Senate Leader's Lecture
Series (hereinafter referred to as the ``lecture series'').
Expenses incurred in connection with the lecture series
shall be paid from the appropriations account ``Secretary of
the Senate'' within the contingent fund of the Senate and
shall not exceed $30,000 in any fiscal year.
(b) Payments for expenses in connection with the lecture
series may cover expenses incurred by speakers, including
travel, subsistence, and per diem, and the cost of
receptions, including food, food related items, and
hospitality.
(c) Payments for expenses of the lecture series shall be
made on vouchers approved by the Secretary of the Senate.
(d) This section is effective on and after October 1,
1997.
(Pub.L. 105-275, Title I, Sec. 5, Oct. 21, 1998, 112 Stat.
2433.)
[[Page 348]]
442 Sec. 72a. Committee staffs.
(a) Appointment of professional members; number,
qualifications; termination of employment
(Made inapplicable by sec. 2 of S. Res. 274, 96th
Congress.)
(b) Professional members for Committee on Appropriations;
examinations of executive agencies' operations
(Made inapplicable with respect to the Senate by sec. 2
of S. Res. 274, 96th Congress.)
(c) Clerical employees; appointment; number, duties;
termination of employment
(Made inapplicable by sec. 2 of S. Res. 274, 96th
Congress.)
(d) Recordation of committee hearings, data, etc.; access to
records
(Made inapplicable by sec. 2 of S. Res. 274, 96th
Congress. For rule on same, see Senate Manual section
26.10a.)
(e) Repealed
(f) Limitations on appointment of professional members
(Made inapplicable with respect to the Senate by sec. 2
of S. Res. 274, 96th Congress. For rule on same, see Senate
Manual section 27.4.)
(g) Appointments when no vacancy exists; payment from Senate
contingent fund
(Made inapplicable by sec. 2 of S. Res. 274, 96th
Congress.)
(h) Salary rates, assignments of facilities and
accessibility of committee records for minority staff
appointees
(Made inapplicable by sec. 2 of S. Res. 274, 96th
Congress. For rule on same, see Senate Manual section 27.1.)
(i) Consultants for Senate and House standing committees;
procurement of temporary or intermittent services;
contracts; advertisement requirements inapplicable;
selection method; qualifications report to Congressional
committees
(1) Each standing committee of the Senate or House of
Representatives is authorized, with the approval of the
Committee on Rules and Administration in the case of
standing committees of the Senate, or the Committee on House
Oversight in the case of standing committees of the House of
Representatives, within the limits of funds made available
from the contingent fund of the Senate or the applicable
accounts of the House of Representatives pursuant to
resolutions, which, in the case of the Senate, shall specify
the maximum amounts which may be used for such purpose,
approved by the appropriate House, to procure the temporary
services (not in excess of one year) or intermittent
services of individual consultants, or organizations
thereof, to make studies or advise the committee with
respect to any matter within its jurisdiction or with
respect to the administration of the affairs of the
committee.
(2) Such services in the case of individuals or
organizations may be procured by contract as independent
contractors, or in the case of individuals by employment at
daily rates of compensation not in excess of the per diem
equivalent of the highest gross rate of compensation
[[Page 349]]
which may be paid to a regular employee of the committee.
Such contracts shall not be subject to the provisions of
section 5 of Title 41 or any other provision of law
requiring advertising.
(3) With respect to the standing committees of the
Senate, any such consultant or organization shall be
selected by the chairman and ranking minority member of the
committee, acting jointly. With respect to the standing
committees of the House of Representatives, the standing
committee concerned shall select any such consultant or
organization. The committee shall submit to the Committee on
Rules and Administration in the case of standing committees
of the Senate, and the Committee on House Oversight in the
case of standing committees of the House of Representatives,
information bearing on the qualifications of each consultant
whose services are procured pursuant to this subsection,
including organizations, and such information shall be
retained by that committee and shall be made available for
public inspection upon request.
(j) Specialized training for professional staffs of Senate
and House standing committees, Senate Appropriations
Committee, Senate Majority and Minority Policy
Committees, and joint committees whose funding is
disbursed by the Secretary of Senate or Chief
Administrative Officer of House; assistance: pay,
tuition, etc. while training; continued employment
agreement; service credit: retirement, life insurance
and health insurance
(1) Each standing committee of the Senate or House of
Representatives is authorized, with the approval of the
Committee on Rules and Administration in the case of
standing committees of the Senate, and the committee
involved in the case of standing committees of the House of
Representatives, and within the limits of funds made
available from the contingent fund of the Senate or the
applicable accounts of the House of Representatives pursuant
to resolutions, which, in the case of the Senate, shall
specify the maximum amounts which may be used for such
purpose, approved by the appropriate House pursuant to
resolutions, which shall specify the maximum amounts which
may be used for such purpose, approved by such respective
Houses, to provide assistance for members of its
professional staff in obtaining specialized training,
whenever that committee determines that such training will
aid the committee in the discharge of its responsibilities.
Any joint committee of the Congress whose expenses are paid
out of funds disbursed by the Secretary of the Senate or by
the Chief Administrative Officer of the House of
Representatives, the Committee on Appropriations of the
Senate, and the Majority Policy Committee and Minority
Policy Committee of the Senate are each authorized to
expend, for the purpose of providing assistance in
accordance with paragraphs (2), (3), and (4) of this
subsection for members of its staff in obtaining such
training, any part of amounts appropriated to that
committee.
(2) Such assistance may be in the form of continuance of
pay during periods of training or grants of funds to pay
tuition, fees, or such other expenses of training, or both,
as may be approved by the Committee on Rules and
Administration or the Committee on House Administration, as
the case may be.
(3) A committee providing assistance under this
subsection shall obtain from any employee receiving such
assistance such agreement with re
[[Page 350]]
spect to continued employment with the committee as the
committee may deem necessary to assure that it will receive
the benefits of such employee's services upon completion of
his training.
(4) During any period for which an employee is separated
from employment with a committee for the purpose of
undergoing training under this subsection, such employee
shall be considered to have performed service (in a nonpay
status) as an employee of the committee at the rate of
compensation received immediately prior to commencing such
training (including any increases in compensation provided
by law during the period of training) for the purposes of--
(A) subchapter III (relating to civil
service retirement) of chapter 83 of Title 5,
(B) chapter 87 (relating to Federal
employees group life insurance) of Title 5, and
(C) chapter 89 (relating to Federal
employees group health insurance) of Title 5.
(Aug. 2, 1946, Ch. 753, Sec. 202, 60 Stat. 834;
July 30, 1947, Ch. 361, Sec. 101, 61 Stat. 611;
Feb. 24, 1949, ch. 8, 63 Stat. 6; Aug. 5, 1955,
Ch. 568, Sec. 12, 69 Stat. 509; Pub.L. 85-462,
Sec. 4(o), June 20, 1958, 72 Stat. 209; Pub.L.
88-426, Title II, Sec. 202(j), Aug. 14, 1964, 78
Stat. 414; Pub.L. 91-510, Sec. Sec. 301(a)-(c),
303-304, Title IV, Sec. 477(a)(3), Oct. 26,
1970, 84 Stat. 1175, 1176, 1179, 1180, 1195;
Pub.L. 92-136, Sec. 5, Oct. 11, 1971, 85 Stat.
378; H. Res. 549, Mar. 25, 1980; Pub.L. 100-458,
Sec. 312, Oct. 1, 1988, 102 Stat. 2184; Pub.L.
104-186, Title II, Sec. 204(10-11), Aug. 20,
1996, 110 Stat. 1731; Pub.L. 105-55, Title I,
Sec. 105(a), Oct. 7, 1997, 111 Stat. 1184.)
443 Sec. 72a-1e. Assistance to Senators with committee
memberships by employees in office of Senator.
(1) Designation
A Senator may designate employees in his office to
assist him in connection with his membership on committees
of the Senate. An employee may be designated with respect to
only one committee.
(2) Certification; professional staff privileges
An employee designated by a Senator under this section
shall be certified by him to the chairman and ranking
minority member of the committee with respect to which such
designation is made. Such employee shall be accorded all
privileges of a professional staff member (whether permanent
or investigatory) of such committee including access to all
committee sessions and files, except that any such committee
may restrict access to its sessions to one staff member per
Senator at a time and require, if classified material is
being handled or discussed, that any staff member possess
the appropriate security clearance before being allowed
access to such material or to discussion of it. Nothing
contained in this paragraph shall be construed to prohibit a
committee from adopting policies and practices with respect
to the application of this section which are similar to the
policies and practices adopted with respect to the
application of section 705(c)(1) of Senate Resolution 4,
95th Congress, and section 72a-1d(c)(1) [of] this title.
(3) Termination
A Senator shall notify the chairman and ranking minority
member of a committee whenever a designation of an employee
under this section
[[Page 351]]
with respect to such committee is terminated. (Pub.L. 95-94,
Title I, Sec. 111(c), Aug. 5, 1977, 91 Stat. 662.)
444 Sec. 72a-1g. Referral of ethics violations by Senate Ethics
Committee to Government Accountability Office for
investigation.
If the Committee on Ethics of the Senate determines that
there is a reasonable basis to believe that a Member,
officer, or employee of the Senate may have committed an
ethics violation, the committee may request the Office of
Special Investigations of the Government Accountability
Office to conduct factfinding and an investigation into the
matter. The Office of Special Investigations shall promptly
investigate the matter as directed by the committee. (Pub.L.
101-194, Title V, Sec. 501, Nov. 30, 1989, 103 Stat. 1753;
Pub.L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)
445 Sec. 72a-1h. Mandatory Senate ethics training for members
and staff.
(a) Training program
The Select Committee on Ethics shall conduct ongoing
ethics training and awareness programs for Members of the
Senate and Senate staff.
(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.)
446 Sec. 72a-1i. Annual report by Select Committee on Ethics.
The Select Committee on Ethics of the Senate shall issue
an annual report due no later than January 31, describing
the following:
(1) The number of alleged violations of
Senate rules received from any source, including
the number raised by a Senator or staff of the
committee.
(2) A list of the number of alleged
violations that were dismissed--
(A) for lack of subject matter
jurisdiction or, in which, even if the
allegations in the complaint are true, no
violation of Senate rules would exist; or
(B) because they failed to provide
sufficient facts as to any material
violation of the Senate rules beyond mere
allegation or assertion.
(3) The number of alleged violations in
which the committee staff conducted a
preliminary inquiry.
(4) The number of alleged violations that
resulted in an adjudicatory review.
(5) The number of alleged violations that
the committee dismissed for lack of substantial
merit.
(6) The number of private letters of
admonition or public letters of admonition
issued.
(7) The number of matters resulting in a
disciplinary sanction.
[[Page 352]]
(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.)
447 Sec. 72d. Committee on Appropriations; discretionary powers.
(a) The Committee on Appropriations is authorized in its
discretion--
(1) to hold hearings, report such hearings,
and make investigations as authorized by
paragraph 1 of rule XXVI of the Standing Rules
of the Senate;
(2) to make expenditures from the contingent
fund of the Senate;
(3) to employ personnel;
(4) with the prior consent of the Government
department or agency concerned and the Committee
on Rules and Administration to use, on a
reimbursable or nonreimbursable basis, the
services of personnel of any such department or
agency;
(5) to procure the services of individual
consultants, or organizations thereof (as
authorized by section 72a(i) of this title and
Senate Resolution 140, agreed to May 14, 1975,
and except that any approval (and related
reporting requirement) shall not apply); and
(6) to provide for the training of the
professional staff of such committee (under
procedures specified by section 72a(j) of this
title).
(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.)
448 Sec. 72d-1. Transfer of funds from the appropriation
accounts for salaries or expenses for the Appropriations
Committee of the Senate.
(a)(1) The Chairman of the Appropriations Committee of
the Senate may, during any fiscal year, at his or her
election transfer funds from the appropriation account for
salaries for the Appropriations Committee of the Senate, to
the account, within the contingent fund of the Senate, from
which expenses are payable for such committee.
(2) The Chairman of the Appropriations Committee of the
Senate may, during any fiscal year, at his or her election
transfer funds from the appropriation account for expenses,
within the contingent fund of the Senate, for the
Appropriations Committee of the Senate, to the account from
which salaries are payable for such committee.
(b) Any funds transferred under this section shall be--
(1) available for expenditure by such
committee in like manner and for the same
purposes as are other moneys which are available
for expenditure by such committee from the
account to which the funds were transferred; and
(2) made at such time or times as the
Chairman shall specify in writing to the Senate
Disbursing Office.
(c) This section shall take effect on October 1, 1998,
and shall be effective with respect to fiscal years
beginning on or after that date.
(Pub.L. 105-275, Title I, Sec. 11, Oct. 21, 1998, 112 Stat.
2435.)
[[Page 353]]
449 Sec. 74b. Employment of additional administrative
assistants.
The Secretary of the Senate is authorized to employ such
administrative assistants as may be necessary in order to
carry out the provisions of this Act under the jurisdiction
of the Secretary. (Aug. 2, 1946, Ch. 753, Sec. 244, 60 Stat.
839; Aug. 20, 1996, Pub.L. 104-186, Title II, Sec. 204(18),
110 Stat. 1732.)
450 Sec. 88a. Repealed (Pub.L. 104-186, Title II,
Sec. 204(34)(A), Aug. 20, 1996, 110 Stat. 1734).
451 Sec. 88b. Education of other minors who are Senate
employees.
The facilities provided for the education of
Congressional and Supreme Court pages shall be available
from and after January 2, 1947, also for the education of
such other minors who are Senate employees as may be
certified by the Secretary of the Senate to receive such
education. (Mar. 22, 1947, Ch. 20, Title I, 61 Stat. 16;
Pub.L. 98-367, Title I, Sec. 103, July 17, 1984, 98 Stat.
479; Pub.L. 104-186, Title II, Sec. 204(35), Aug. 20, 1996,
110 Stat. 1735.)
452 Sec. 88b-1. Congressional pages.
(a) Appointment conditions
A person shall not be appointed as a page of the Senate
or House of Representatives--
(1) unless he agrees that, in the absence of
unforeseen circumstances preventing his service
as a page after his appointment, he will
continue to serve as a page for a period
specified in writing at the time of the
appointment; and
(2) until complete information in writing is
transmitted to his parent or parents, his legal
guardian, or other appropriate person or persons
acting as his parent or parents, with respect to
the nature of the work of pages, their pay,
their working conditions (including hours and
scheduling of work), and the housing
accommodations available to pages.
(b) Qualifications
A person shall not serve as a page--
(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.)
453 Sec. 88b-7. Daniel Webster Senate Page Residence Revolving
Fund.
(a) Establishment
There is established in the Treasury of the United
States a revolving fund within the contingent fund of the
Senate to be known as the Daniel Webster Senate Page
Residence Revolving Fund (hereafter referred to in this
section as the ``fund''). The fund shall consist of all
rental payments and other moneys collected or received by
the Sergeant at Arms with regard to the Daniel Webster
Senate Page Residence. All moneys in the fund shall be
available without fiscal year limitation
[[Page 354]]
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.)
454 Sec. 101. Subletting duties of employees of Senate or House.
No employee of Congress, either in the Senate or House,
shall sublet to, or hire, another to do or perform any part
of the duties or work attached to the position to which he
was appointed. (Mar. 2, 1895, Ch. 177, Sec. 1, 28 Stat.
771.)
455 Sec. 102a. Withdrawal of unexpended balances of
appropriations.
Notwithstanding the provisions of any other law, the
unexpended balances of appropriations for the fiscal year
1955 and succeeding fiscal years which are subject to
disbursement by the Secretary of the Senate or the Chief
Administrative Officer of the House of Representatives shall
be withdrawn as of June 30 of the second fiscal year
following the year for which provided, except that the
unexpended balances of such appropriations for the period
commencing on July 1, 1976, and ending on September 30,
1976, and for each fiscal year beginning on or after October
1, 1976, shall be withdrawn as of September 30 of the second
fiscal year following the period or year for which provided.
Unpaid obligations chargeable to any of the balances so
withdrawn or appropriations for prior years shall be
liquidated from any appropriations for the same general
purpose, which, at the time of payment, are available for
disbursement. (Pub.L. 85-58, Ch. XI, June 21, 1957, 71 Stat.
190; Pub.L. 94-303, Sec. 118(a), June 1, 1976, 90 Stat. 615;
Pub.L. 104-186, Title II, Sec. 204 (53), Aug. 20, 1996, 110
Stat. 1737.)
456 Sec. 104a. Semiannual statements of expenditures by
Secretary of Senate and Chief Administrative Officer of
House.
(1) Commencing with the semiannual period beginning on
July 1, 1964, and ending on December 31, 1964, and for each
semiannual period thereafter, the Secretary of the Senate
and the Chief Administrative Officer of the House of
Representatives shall compile, and, not later than sixty
days following the close of the semiannual period, submit to
the Senate and House of Representatives, respectively, and
make
[[Page 355]]
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;
[[Page 356]]
(C) total expenses incurred for salary and
office expenses; and
(D) the unexpended balance.
(5)(A) Notwithstanding the requirements of paragraph (1)
relating to the level of detail of statement and
itemization, each report by the Secretary of the Senate
required under such paragraph shall be compiled at a summary
level for each office of the Senate authorized to obligate
appropriated funds.
(B) Subparagraph (A) shall not apply to the
reporting of expenditures relating to personnel
compensation, travel and transportation of
persons, other contractual services, and
acquisition of assets.
(C) In carrying out this paragraph the
Secretary of the Senate shall apply the Standard
Federal Object Classification of Expenses as the
Secretary determines appropriate. (Pub.L. 88-
454, Sec. 105(a), Aug. 20, 1964, 78 Stat. 550;
Pub.L. 88-656, Oct. 13, 1964, 78 Stat. 1088;
Pub.L. 94-303, Title I, Sec. 118(b)(1), June 1,
1976, 90 Stat. 615; Pub.L. 102-392, Title I,
Sec. 6, Oct. 6, 1992, 106 Stat. 1707; Pub.L.
103-283, Title I, Sec. 3(a), July 22, 1994, 108
Stat. 1426; Pub.L. 104-186, Title II,
Sec. 204(54), Aug. 20, 1996, 110 Stat. 1738;
Pub.L. 106-554, Sec. 1(a)(2) [Title I,
Sec. 1(a)], Dec. 21, 2000, 114 Stat. 2763,
2763A-95; Pub.L. 108-271, Sec. 8(b), July 7,
2004, 118 Stat. 814.)
457 Sec. 104d. Notification of post-employment restrictions.
(a) Notification of post-employment restrictions
After a Member of Congress or an elected officer of
either House of Congress leaves office, or after the
termination of employment with the House of Representatives
or the Senate of an employee who is covered under paragraph
(2), (3), (4), or (5) of section 207(e) of Title 18, the
Clerk of the House of Representatives, after consultation
with the Committee on Standards of Official Conduct, or the
Secretary of the Senate, as the case may be, shall notify
the Member, officer, or employee of the beginning and ending
date of the prohibitions that apply to the Member, officer,
or employee under section 207(e) of that title.
(b) Posting on Internet
The Clerk of the House of Representatives, with respect
to notifications under subsection (a) of this section
relating to Members, officers, and employees of the House,
and the Secretary of the Senate, with respect to such
notifications relating to Members, officers, and employees
of the Senate, shall post the information contained in such
notifications on the public Internet site of the Office of
the Clerk or the Secretary of the Senate, as the case may
be, in a format that, to the extent technically practicable,
is searchable, sortable, and downloadable. (Pub.L. 110-81,
Title I, Sec. 103, Sept. 14, 2007, 121 Stat. 739.)
458 Sec. 104f. Notification of post-employment restrictions.
(a) In general
After a Senator or an elected officer of the Senate
leaves office or after the termination of employment with
the Senate of an employee of the Senate, the Secretary of
the Senate shall notify the Member, officer, or employee of
the beginning and ending date of the prohibitions that apply
to the Member, officer, or employee under rule XXXVII of the
Standing Rules of the Senate.
[[Page 357]]
(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.)
459 Sec. 104g. Senate privately paid travel public website.
(a) Travel disclosure
Not later than January 1, 2008, the Secretary of the
Senate shall establish a publicly available website without
fee or without access charge, that contains information on
travel that is subject to disclosure under paragraph 2 of
rule XXXV of the Standing Rules of the Senate, that
includes, with respect to travel occurring on or after
January 1, 2008--
(1) a search engine;
(2) uniform categorization by Member, dates
of travel, and any other common categories
associated with congressional travel; and
(3) forms filed in the Senate relating to
officially related travel.
(b) Retention
The Secretary of the Senate shall maintain the
information posted on the public Internet site of the Office
of the Secretary under this section for a period not longer
than 4 years after receiving the information.
(c) Extension of authority
If the Secretary of the Senate is unable to meet the
deadline established under subsection (a) of this section,
the Committee on Rules and Administration of the Senate may
grant an extension of the Secretary of the Senate.
(e)\1\ Authorization of appropriations
\1\So in original. Probably should be subsec. (d).
There are authorized to be appropriated such sums as are
necessary to carry out this section. (Pub.L. 110-81, Title
V, Sec. 546, Sept. 14, 2007, 121 Stat. 772.)
460 Sec. 105. Preparation and contents of statement of
appropriations.
The statement of all appropriations made during each
session of Congress shall be prepared under the direction of
the Committees on Appropriations of the Senate and House of
Representatives, and said statement shall contain a
chronological history of the regular appropriation bills
passed during the session for which it is prepared. The
statement shall indicate the amount of contracts authorized
by appropriation Acts in addition to appropriations made
therein, and shall also contain specific reference to all
indefinite appropriations made each session and shall
contain such additional information concerning estimates and
appropriations as the committees may deem necessary. (Oct.
19, 1888, Ch. 1210, Sec. 1, 25 Stat. 587; July 19, 1897, Ch.
9, 30 Stat. 136; June 7, 1924, Ch. 303, Sec. 1, 43 Stat.
586.)
461 Sec. 106. Stationery for Senate; advertisements for.
The Secretary of the Senate shall annually advertise,
once a week for at least four weeks, in one or more of the
principal papers published in the District of Columbia, for
sealed proposals for supplying the Senate
[[Page 358]]
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.)
462 Sec. 107. Opening bids for Senate and House stationery;
awarding contracts.
All such proposals shall be kept sealed until the day
specified in such advertisement for opening the same, when
the same shall be opened in the presence of at least two
persons, and the contract shall be given to the lowest
bidder, provided he shall give satisfactory security to
perform the same, under a forfeiture not exceeding double
the contract price in case of failure; and in case the
lowest bidder shall fail to enter into such contract and
give such security, within a time to be fixed in such
advertisement, then the contract shall be given to the next
lowest bidder, who shall enter into such contract, and give
such security. And in case of failure by the person entering
into such contract to perform the same, he and his sureties
shall be liable for the forfeiture specified in such
contract, as liquidated damages, to be sued for in the name
of the United States. (R.S. Sec. 67; Feb. 18, 1875, Ch. 80,
Sec. 1, 18 Stat. 316.)
463 Sec. 108. Contracts for separate parts of Senate stationery.
Sections 106 and 107 of this title shall not prevent the
Secretary from contracting for separate parts of the
supplies of stationery required to be furnished. (R.S.
Sec. 68, Pub.L. 104-186, Title II, Sec. 204(56), Aug. 20,
1996, 110 Stat. 1738.)
464 Sec. 109. American goods to be preferred in purchases for
Senate and House.
The Secretary of the Senate and the Chief Administrative
Officer of the House of Representatives shall, in disbursing
the public moneys for the use of the two Houses,
respectively, purchase only articles the growth and
manufacture of the United States, provided the articles
required can be procured of such growth and manufacture upon
as good terms as to quality and price as are demanded for
like articles of foreign growth and manufacture. (R.S.
Sec. 69; Aug. 20, 1996, Pub.L. 104-186, Title II,
Sec. 204(57), 110 Stat. 1738.)
465 Sec. 110. Purchase of paper, envelopes, etc., for stationery
rooms of Senate and House.
Paper, envelopes, and blank books required by the
stationery rooms of the Senate and House of Representatives
for sale to Senators and Members for official use may be
purchased from the Public Printer at actual cost thereof and
payment therefor shall be made before delivery. (June 5,
1920, Ch. 253, Sec. 1, 41 Stat. 1036.)
466 Sec. 111. Purchase of supplies for Senate and House.
Supplies for use of the Senate and the House of
Representatives may be purchased in accordance with the
schedule of contract articles and prices of the
Administrator of General Services. (June 5, 1920, Ch. 253,
Sec. 1, 41 Stat. 1036; Ex. Ord. No. 6166, Sec. 1, June 10,
1933; June 30, 1949, ch. 288, Sec. 102, 63 Stat. 380.)
[[Page 359]]
467 Sec. 111a. Receipts from sales of items by Sergeant at Arms
and Doorkeeper of Senate, to Senators, etc., to be
credited to appropriation from which purchased.
In any case in which appropriated funds are used by a
Senator or a committee or office of the Senate to purchase
from the Sergeant at Arms and Doorkeeper of the Senate items
which were purchased by him from the appropriation for
``miscellaneous items'' under ``Contingent Expenses of the
Senate'' in any appropriation Act, the amounts received by
the Sergeant at Arms and Doorkeeper shall be deposited in
the Treasury of the United States for credit to such
appropriation. This section does not apply to amounts
received from the sale of used or surplus furniture and
equipment. (Pub.L. 96-214, Mar. 24, 1980, 94 Stat. 122.)
468 Sec. 112. Purchases of stationery and materials for folding.
Purchases of stationery and materials for folding shall
be made in accordance with sections 106 to 109 of this
title.
All contracts and bonds for purchases made under the
authority of this section shall be filed with the Committee
on Rules and Administration of the Senate. (Mar. 3, 1887,
ch. 392, Sec. 1, 24 Stat. 596; Aug. 2, 1946, ch. 753,
Sec. Sec. 102, 121, 60 Stat. 814, 822; Aug. 20, 1996, Pub.L.
104-186, Title II, Sec. 204(58), 110 Stat. 1738.)
469 Sec. 113. Detailed reports of receipts and expenditures by
Secretary of Senate and Chief Administrative Officer of
House.\1\
\1\Superseded by section 105(a) of Pub.L. 88-454, Aug.
20, 1964, 78 Stat. 550, as amended. See Senate Manual
section 456.
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.)
470 Sec. 114. Fees for copies from Senate journals.
The Secretary of the Senate is entitled, for
transcribing and certifying extracts from the Journal of the
Senate or the executive Journal of the Senate when the
injunction of secrecy has been removed, except when such
transcripts are required by an officer of the United States
in a matter relating to the duties of his office, to receive
from the persons for whom such transcripts are prepared the
sum of 10 cents for each sheet containing one hundred words.
(R.S. Sec. 71; Pub.L. 104-186, Title II, Sec. 204(61), Aug.
20, 1996, 110 Stat. 1738.)
471 Sec. 117. Sale of waste paper and condemned furniture.
It shall be the duty of the Secretary and Sergeant at
Arms of the Senate to cause to be sold all waste paper and
useless documents and condemned furniture that may
accumulate, in their respective departments or offices,
under the direction of the Committee on Rules and
Administration of the Senate and cover the proceeds thereof
into the
[[Page 360]]
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.)
472 Sec. 117b. Disposal of used or surplus furniture and
equipment by Sergeant at Arms and Doorkeeper of Senate;
procedure; deposit of receipts.
Effective October 1, 1981, the Sergeant at Arms and
Doorkeeper of the Senate is authorized to dispose of used or
surplus furniture and equipment by trade-in or by sale
directly or through the General Services Administration.
Receipts from the sale of such furniture and equipment shall
be deposited in the United States Treasury for credit to the
appropriation for ``Miscellaneous Items'' under the heading
``Contingent Expenses of the Senate''. (Pub.L. 95-94, Title
I, Sec. 103, Aug. 5, 1977, 91 Stat. 660; Pub.L. 97-51,
Sec. 118, Oct. 1, 1981, 95 Stat. 964.)
473 Sec. 117b-1. Receipts from sale of used or surplus furniture
and furnishings of Senate.
On and after October 1, 1982, receipts from the sale of
used or surplus furniture and finishings shall be deposited
in the United States Treasury for credit to the
appropriation for ``Senate Office Buildings'' under the
heading ``Architect of the Capitol.'' (Pub.L. 97-276,
Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189.)
474 Sec. 117b-2. Transfer of excess or surplus educationally
useful
equipment to public schools.
(a) Authorization
The Sergeant at Arms and Doorkeeper of the Senate may
directly, or through the General Services Administration,
transfer title to excess or surplus educationally useful
equipment to a public school. Any such transfer shall be
completed at the lowest possible cost to the public school
and the Senate.
(b) Regulations
The Committee on Rules and Administration of the Senate
shall prescribe regulations to carry out the provisions of
this section.
(c) Deposit of receipts
Receipts from reimbursements for the costs of transfer
of excess or surplus educationally useful equipment under
this section, shall be deposited in the United States
Treasury for credit to the account for the ``Sergeant at
Arms and Doorkeeper of the Senate'' within the contingent
fund of the Senate.
(d) Definitions
For the purposes of this section:
(1) The term ``public school'' means a
public elementary or secondary school as such
terms are defined in section 7801 of Title 20.
(2) The term ``educationally useful
equipment'' means computers and related
peripheral tools, including printers, modems,
routers, servers, computer keyboards, scanners,
and other telecommunications and research
equipment, that are appropriate for use in
public school education.
[[Page 361]]
(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.)
475 Sec. 118. Actions against officers for official acts.\1\
\1\Rule 69(b) of Federal Rules of Civil Procedure
provides as to judgments against public officers.
In any action brought against any person for or on
account of anything done by him while an officer of either
House of Congress in the discharge of his official duty, in
executing any order of such House, the United States
attorney for the district within which the action is
brought, on being thereto requested by the officer sued,
shall enter an appearance in behalf of such officer; and all
provisions of the eighth section of the Act of July 28,
1866, entitled ``An Act to protect the revenue, and for
other purposes'', and also all provisions of the sections of
former Acts therein referred to, so far as the same relate
to the removal of suits, the withholding of executions, and
the paying of judgments against revenue or other officers of
the United States, shall become applicable to such action
and to all proceedings and matters whatsoever connected
therewith, and the defense of such action shall thenceforth
be conducted under the supervision and direction of the
Attorney General. (Mar. 3, 1875, ch. 130, Sec. 8, 18 Stat.
401; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909.)
476 Sec. 118a. Officers of Senate.
Section 118 of this title shall not apply to officers of
the Senate. (Pub.L. 95-521, Title VII, Sec. 714(d), Oct. 26,
1978, 92 Stat. 1884.)
477 Sec. 119. Stationery rooms of House and Senate;
specifications of classes of articles purchasable.
The Committee on House Oversight of the House of
Representatives and the Committee on Rules and
Administration of the Senate, respectively, shall make and
issue regulations specifying the classes of articles which
may be purchased by or through the stationery rooms of the
House and Senate. (May 13, 1926, ch. 294, Sec. 2, 44 Stat.
552; Aug. 2, 1946, ch. 753, Title I, Sec. Sec. 102, 121, 60
Stat. 814, 822; Pub.L. 104-186, Title II, Sec. 204(65), Aug.
20, 1996, 110 Stat. 1739.)
478 Sec. 121. Senate restaurant deficit fund; deposit of
proceeds from surcharge on orders.
The Committee on Rules and Administration of the United
States Senate is authorized and directed hereafter to add a
minimum of 10 per centum to each order in excess of 10 cents
served in the Senate restaurants and 20 per centum to all
orders served outside of said restaurants, and the proceeds
accruing therefrom shall be placed in a fund to be used in
the payment of any deficit incurred in the management of
such kitchens and restaurants. (May 18, 1937, ch. 223,
Sec. 1, 50 Stat. 173; Aug. 2, 1946, ch. 753, Sec. 102, 60
Stat. 814.)
Cross Reference
For jurisdiction over, and management of, Senate
restaurants, see section 2042 of this title (Senate Manual
section 899).
[[Page 362]]
479 Sec. 12lb-1. Senate Hair Care Services; personnel; revolving
fund.
(a) The Sergeant at Arms and Doorkeeper of the Senate is
authorized to appoint and fix the compensation of such
employees as may be necessary to operate Senate Hair Care
Services.
(b) There is established in the Treasury of the United
States within the contingent fund of the Senate a revolving
fund to be known as the Senate Hair Care Services Revolving
Fund (hereafter in this section referred to as the
``revolving fund'').
(c)(1) All moneys received by Senate Hair Care Services
from fees for services or from any other source shall be
deposited in the revolving fund.
(2) Moneys in the revolving fund shall be available
without fiscal year limitation for disbursement by the
Secretary of the Senate--
(A) for the payment of salaries of employees
of Senate Hair Care Services; and
(B) for necessary supplies, equipment, and
other expenses of Senate Hair Care Services.
(3) The provisions of section 5104(c), except for the
provisions relating to solicitation, shall not apply to any
activity carried out pursuant to this section, subject to
approval of such activities by the Committee on Rules and
Administration.
(3) Agency contributions for employees of Senate Hair
Care Services shall be paid from the appropriations account
for ``Salaries, Officers and Employees''.\1\
\1\Pub.L. 106-554, Sec. 1(a)(2) [Title I Sec. 3(a)],
Dec. 21, 2000, 114 Stat. 2763, 2763A-96 amended
subsection (c) and added a second paragraph (3) pursuant
to a drafting error.
(d) Disbursements from the revolving fund shall be made
upon vouchers signed by the Sergeant at Arms and Doorkeeper
of the Senate, except that vouchers shall not be required
for the disbursement of salaries paid at an annual rate.
(e) At the direction of the Committee on Rules and
Administration, the Secretary of the Senate shall withdraw
from the revolving fund and deposit in the Treasury of the
United States as miscellaneous receipts all moneys in the
revolving fund that the Committee may determine are in
excess of the current and reasonably foreseeable needs of
Senate Hair Care Services.
(f) The Sergeant at Arms and Doorkeeper of the Senate
are authorized to prescribe such regulations as may be
necessary to carry out the provisions of this section,
subject to the approval of the Committee on Rules and
Administration.
(g) There is transferred to the revolving fund
established by this section any unobligated balance in the
fund established by section 121a of this title on the
effective date of this section.
(h) Omitted.
(i) This section shall be effective on and after October
1, 1998, or 30 days after October 21, 1998, whichever is
later.
(Pub.L. 105-275, Title I, Sec. 6, Oct. 21, 1998, 112 Stat.
2434; Pub.L. 106-57, Title I, Sec. 4, Sept. 29, 1999, 113
Stat. 412; Pub.L. 106-554, Sec. 1(a)(2) [Title I,
Sec. 3(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A-96.)
[[Page 363]]
480 Sec. 121c. Office of Senate Health Promotion.
(a) Establishment
The Sergeant at Arms and Doorkeeper of the Senate is
authorized to establish an Office of Senate Health
Promotion.
(b) Fees, assessments, and charges
(1) In carrying out this section, the Sergeant at Arms
and Doorkeeper of the Senate is authorized to establish, or
provide for the establishment of, exercise classes and other
health services and activities on a continuing and regular
basis. In providing for such classes, services, and
activities, the Sergeant at Arms and Doorkeeper of the
Senate is authorized to impose and collect fees,
assessments, and other charges to defray the costs involved
in promoting the health of Members, officers, and employees
of the Senate. For purposes of this section, the term
``employees of the Senate'' shall have such meaning as the
Sergeant at Arms, by regulation, may prescribe.
(2) All fees, assessments, and charges imposed and
collected by the Sergeant at Arms pursuant to paragraph (1)
shall be deposited in the revolving fund established
pursuant to subsection (c) of this section and shall be
available for purposes of this section.
(c) Senate Health Promotion Revolving Fund
There is established in the Treasury of the United
States a revolving fund within the contingent fund of the
Senate to be known as the Senate Health Promotion Revolving
Fund (hereinafter referred to in this section as the
``fund''). The fund shall consist of all amounts collected
or received by the Sergeant at Arms and Doorkeeper of the
Senate as fees, assessments, and other charges for
activities and services to carry out the provisions of this
section. All moneys in the fund shall be available without
fiscal year limitation for disbursement by the Secretary of
the Senate for promoting the health of Members, officers,
and employees of the Senate. On or before December 31 of
each year, the Secretary of the Senate shall withdraw from
the fund and deposit in the Treasury of the United States as
miscellaneous receipts all moneys in excess of $5,000 in the
fund at the close of the preceding fiscal year.
(d) Vouchers
Disbursements from the revolving fund shall be made upon
vouchers signed by the Sergeant at Arms and Doorkeeper of
the Senate.
(e) Inapplicability of provisions prohibiting sales,
advertisements, or solicitations in Capitol grounds
The provisions of section 5104(c) of Title 40 shall not
be applicable to any class, service, or other activity
carried out pursuant to the provisions of this section.
(f) Regulations
The provisions of this section shall be carried out in
accordance with regulations which shall be promulgated by
the Sergeant at Arms and Doorkeeper of the Senate and
subject to approval at the beginning of each Congress by the
Committee on Rules and Administration of the Senate. (Pub.L.
101-163, Title I, Sec. 4, Nov. 21, 1989, 103 Stat. 1044;
Pub.L. 102-90, Title I, Sec. 2, Aug. 14, 1991, 105 Stat.
450.)
[[Page 364]]
481 Sec. 121d. Senate Gift Shop.
(a) Establishment
The Secretary of the Senate is authorized to establish a
Senate Gift Shop for the purpose of providing for the sale
of gift items to Members of the Senate, staff, and the
general public.
(b) Deposit of receipts
All moneys received from sales and other services by the
Senate Gift Shop shall be deposited in the revolving fund
established by subsection (c) of this section and shall be
available for purposes of this section.
(c) Revolving fund
(1) There is established in the Treasury of the United
States a revolving fund within the contingent fund of the
Senate to be known as the Senate Gift Shop Revolving Fund
(hereafter referred to in this section as the ``fund''). The
fund shall consist of all amounts collected or received by
the Secretary of the Senate from sales and services by the
Senate Gift Shop. All moneys in the fund shall be available
without fiscal year limitation for disbursement by the
Secretary of the Senate in connection with the operation of
the Senate Gift Shop, including supplies, equipment, and
other expenses. In addition, such moneys may be used by the
Secretary of the Senate to reimburse the Senate
appropriations account, appropriated under the heading
``SALARIES, OFFICERS AND EMPLOYEES'' and ``OFFICE OF THE
SECRETARY'', for amounts used from such account to pay the
salaries of employees of the Senate Gift Shop.
(2) The Secretary of the Senate may transfer from the
fund to the Capitol Preservation Fund the net profits (as
determined by the Secretary) from sales of items by the
Senate Gift Shop which are intended to benefit the Capitol
Visitor Center.
(3) The Secretary of the Senate may transfer from the
fund to the Senate Employee Child Care Center proceeds from
the sale of holiday ornaments by the Senate Gift Shop for
the purpose of funding necessary activities and expenses of
the Center, including scholarships, educational supplies,
and equipment.
(d) Exception to prohibition of sale or solicitation on
Capitol Grounds
The provisions of section 5104(c) of Title 40 shall not
be applicable to any activity carried out pursuant to this
section.
(e) Transfer of moneys from Stationery Revolving Fund
To provide capital for the fund, the Secretary of the
Senate is authorized to transfer, from moneys in the
Stationery Revolving Fund in the contingent fund of the
Senate, to the fund such sum as he may determine necessary,
not to exceed $300,000.
(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,
[[Page 365]]
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.)
482 Sec. 121e. Payment of fees for services of Attending
Physician and for use of Senate health and fitness
facilities.
(a) Regulations
The Senate Committee on Rules and Administration shall
promulgate regulations--
(1) pertaining to the services provided by
the Attending Physician and the operation and
use of the Senate health and fitness facilities;
and
(2) requiring the payment of fees for
services received from the Attending Physician
and for the use of the Senate health and fitness
facilities pursuant to such regulations.
(b) Withholding of fees from salary
The Secretary of the Senate is authorized to withhold
fees from the salary of an individual authorized by such
regulations to receive such services from the Attending
Physician and to use the Senate health and fitness
facilities.
(c) Deposit in General Fund
The Secretary of the Senate shall remit all fees
required by subsection (a)(2) of this section that are
collected pursuant to subsection (b) of this section or by
direct payment to the General Fund of the Treasury as
miscellaneous receipts unless otherwise provided by law.
(d) Effective date
The provision of this section shall take effect on April
9, 1992. (Pub.L. 102-392, Title III, Sec. 314, Oct. 6, 1992,
106 Stat. 1723.)
483 Sec. 121f. Senate Health and Fitness Facility Revolving
Fund.
(a) There is established in the Treasury of the United
States a revolving fund to be known as the Senate Staff
Health and Fitness Facility Revolving Fund (``the revolving
fund'').
(b) The Architect of the Capitol shall deposit in the
revolving fund--
(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.
[[Page 366]]
(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.)
484 Sec. 121g. Authority of Attending Physician in response to
medical contingencies or public health emergencies at
Capitol.
(a) In general
The Attending Physician to Congress shall have the
authority and responsibility for overseeing and coordinating
the use of medical assets in response to a bioterrorism
event and other medical contingencies or public health
emergencies occurring within the Capitol Buildings or the
United States Capitol Grounds. This shall include the
authority to enact quarantine and to declare death. These
actions will be carried out in close cooperation and
communication with the Commissioner of Public Health, Chief
Medical Examiner, and other Public Health Officials of the
District of Columbia government.
(b) Definitions
In this section--
(1) the term ``Capitol Buildings'' has the
meaning given such term in section 5101 of Title
40; and
(2) the term ``United States Capitol
Grounds'' has the meaning given such term in
section 5102(a) of Title 40.
(c) Effective Date
Subsection (a) of this section shall take effect on
January 23, 2004, and shall apply during any fiscal year
occurring on or after January 23, 2004. (Pub.L. 108-199,
Div. H, Sec. 151, Jan. 23, 2004, 118 Stat. 448.)
485 Sec. 123b. House Recording Studio; Senate Recording Studio
and Senate Photographic Studio.
(a) Establishment
There is established the House Recording Studio, the
Senate Recording Studio, and the Senate Photographic Studio.
(b) Assistance in making disk, film, and tape recordings;
exclusiveness of use
The House Recording Studio shall assist Members of the
House of Representatives in making disk, film, and tape
recordings, and in performing such other functions and
duties in connection with the making of such recordings as
may be necessary. The Senate Recording Studio and the Senate
Photographic Studio shall assist Members of the Senate and
committees of the Senate in making disk, film, and tape
recordings, and in performing such other functions and
duties in connection with the making of such recordings as
may be necessary. The House Recording Studio shall be for
the exclusive use of Members of the House of Representatives
(including the Delegates and the Resident Commis
[[Page 367]]
sioner 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
[[Page 368]]
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.
[[Page 369]]
(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.)
[[Page 370]]
486 Sec. 123b-1. Senate Recording Studio and Senate Photographic
Studio as successors to Senate Recording and
Photographic Studios; rules, regulations, and fees for
photographs and photographic services.
(a) The entity, in the Senate, known (prior to Apr. 1,
1991) as the ``Senate Recording and Photographic Studios''
is abolished, and there is established in its stead the
following two entities: the ``Senate Recording Studio'', and
the ``Senate Photographic Studio''; and there are
transferred, from the entity known (prior to Apr. 1, 1991)
as the ``Senate Recording and Photographic Studios'' to the
``Senate Recording Studio'' all personnel, equipment,
supplies, and funds which are available for, relate to, or
are utilized in connection with, recording, and to the
``Senate Photographic Studio'' all personnel, equipment,
supplies, and funds which are available for, relate to, or
are utilized in connection with, photography.
(b)(1) The Sergeant at Arms and Doorkeeper of the Senate
shall, subject to the approval of the majority and minority
leaders, promulgate rules and regulations, and establish
fees, for provision of photographs and photographic services
to be furnished by the Photographic Studio.
(2) Omitted. (Pub.L. 96-304, Title I, Sec. 108, July 8,
1980, 94 Stat. 890; Pub.L. 101-520, Title I, Sec. 7(d), Nov.
5, 1990, 104 Stat. 2259.)
487 Sec. 123c. Data processing equipment, software, and
services.
Notwithstanding any other provision of law, the Sergeant
at Arms, subject to the approval of the Committee on Rules
and Administration, is hereafter authorized to enter into
multi-year contracts for data processing equipment,
software, and services. (Pub.L. 94-32, Title I, June 12,
1975, 89 Stat. 182; Pub.L. 95-26, Title I, Sec. 103, May 4,
1977, 91 Stat. 82.)
488 Sec. 123c-1. Advance payments for computer programming
services.
Notwithstanding any other provision of law, the Sergeant
at Arms and Doorkeeper of the Senate, subject to the
approval of the Committee on Rules and Administration, is on
and after July 6, 1981, authorized to enter into contracts
which provide for the making of advance payments for
computer programming services. (Pub.L. 97-20, July 6, 1981,
95 Stat. 104.)
489 Sec. 123d. Senate Computer Center.
(a) Senate Computer Center Revolving Fund
(1) There is hereby established in the Treasury of the
United States a revolving fund within the contingent fund of
the Senate to be known as the Senate Computer Center
Revolving Fund (hereafter in this section referred to as the
``revolving fund'').
(2) The revolving fund shall be available only for
paying the salaries of personnel employed under subsection
(c) of this section, and agency contributions attributable
thereto, and for paying refunds under contracts entered into
under subsection (b) of this section.
(3) Within 90 days after the end of each fiscal year,
the Secretary of the Senate shall withdraw all amounts in
the revolving fund in excess of $100,000, other than amounts
required to make refunds under subsection (b)(2)(B) of this
section, and shall deposit the amounts withdrawn in the
Treasury of the United States as miscellaneous receipts.
[[Page 371]]
(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.)
490 Sec. 123e. Senate legislative information system.
(a) Development and implementation by Secretary of Senate
The Secretary of the Senate, with the oversight and
approval of the Committee on Rules and Administration of the
Senate, shall oversee the development and implementation of
a comprehensive Senate legislative information system.
(b) Cooperative effort
In carrying out this section, the Secretary of the
Senate shall consult and work with officers and employees of
the House of Representatives. Legislative branch agencies
and departments and agencies of the executive branch shall
provide cooperation, consultation, and assistance as
requested by the Secretary of the Senate to carry out this
section.
[[Page 372]]
(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.)
491 Sec. 125a. Death gratuity payments as gifts.
Any death gratuity payment at any time specifically
appropriated by any Act of Congress or at any time made out
of the applicable accounts of the House of Representatives
or the contingent fund of the Senate shall be held to have
been a gift. (June 5, 1952, ch. 369, Ch. I, 66 Stat. 101;
Pub.L. 104-186, Title II, Sec. 203(6), Aug. 20, 1996, 110
Stat. 1725.)
492 Sec. 126-2. Designation of reporters.
The reporters of debates in the office of the Secretary
of the Senate are hereby designated the official reporters
of debates of the Senate. (Pub.L. 89-545, Aug. 27, 1966, 80
Stat. 354.)
493 Sec. 126b. Substitute reporters of debates and expert
transcribers; temporary reporters of debates and expert
transcribers; payments from Senate contingent fund.
The Secretary of the Senate is on and after June 5,
1981, authorized to employ, by contract or otherwise,
substitute reporters of debates and expert transcribers at
daily rates of compensation, or temporary reporters of
debates and expert transcribers at annual rates of
compensation; no temporary reporters of debates or expert
transcribers may be employed under authority of this
provision for more than ninety days in any fiscal year; and
payments made under authority of this section shall be made
from the contingent fund of the Senate upon vouchers
approved by the Secretary of the Senate. (Pub.L. 89-90, July
27, 1965, 79 Stat. 266; Pub.L. 97-12, Sec. 105, June 5,
1981, 95 Stat. 61.)
494 Sec. 130a. Nonpay status for Congressional employees
studying under Congressional staff fellowships.
(a) With respect to each employee of the Senate or House
of Representatives--
(1) whose compensation is disbursed by the
Secretary of the Senate or the Chief
Administrative Officer of the House of
Representatives, and
[[Page 373]]
(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.)
495 Sec. 130b. Jury and witness service by Senate and House
employees.
(a) Definitions
For purposes of this section--
(1) ``employee'' means any individual whose
pay is disbursed by the Secretary of the Senate
or the Chief Administrative Officer of the House
of Representatives; and
(2) ``court of the United States'' has the
meaning given it by section 451 of Title 28, and
includes the United States District Court for
the District of the Canal Zone, the District
Court of Guam, and the District Court of the
Virgin Islands.
(b) Service as juror or witness in connection with a
judicial proceeding; prohibition against reduction in
pay
The pay of an employee shall not be reduced during a
period of absence with respect to which the employee is
summoned (and permitted to respond to such summons by the
appropriate authority of the House of the Congress
disbursing his pay), in connection with a judicial
proceeding by a court or authority responsible for the
conduct of that proceeding, to serve--
(1) as a juror; or
(2) other than as provided in subsection (c)
of this section, as a witness on behalf of any
party in connection with any judicial proceeding
to which the United States, the District of
Columbia, or a State or local government is a
party;
in the District of Columbia, a State, territory, or
possession of the United States including the Commonwealth
of Puerto Rico, the Canal Zone,
[[Page 374]]
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.
[[Page 375]]
(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.)
496 Sec. 130c. Waiver by Secretary of Senate of claims of United
States arising out of erroneous payments to Vice
President, Senator, or Senate employee paid by Secretary
of Senate.
(a) Waiver of claim for erroneous payment of pay or
allowances
A claim of the United States against a person arising
out of an erroneous payment of any pay or allowances, other
than travel and transportation expenses and allowances, on
or after July 25, 1974, to the Vice President, a Senator, or
to an officer or employee whose pay is disbursed by the
Secretary of the Senate, the collection of which would be
against equity and good conscience and not in the best
interests of the United States, may be waived in whole or in
part by the Secretary of the Senate. An application for
waiver shall be investigated by the Financial Clerk of the
Senate who shall submit a written report of his
investigation to the Secretary of the Senate. An application
for waiver of a claim in an amount aggregating more than
$1,500 may also be investigated by the Comptroller General
of the United States who shall submit a written report of
his investigation to the Secretary of the Senate.
(b) Prohibition of waiver
The Secretary of the Senate may not exercise his
authority under this section to waive any claim--
(1) if, in his opinion, there exists, in
connection with the claim, an indication of
fraud, misrepresentation, fault, or lack of good
faith on the part of the Vice President, the
Senator, the officer or employee, or any other
person having an interest in obtaining a waiver
of the claim; or
(2) if the application for waiver is
received in his office after the expiration of 3
years immediately following the date on which
the erroneous payment of pay or allowances was
discovered.
(c) Credit for waiver
In the audit and settlement of accounts of any
accountable officer or official, full credit shall be given
for any amounts with respect to which collection by the
United States is waived under this section.
[[Page 376]]
(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
regulationsto 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.)
497 Sec. 130e. Special Services Office.
There is established, as a joint office of Congress, the
Special Services Office, which (under the supervision and
control of a board, to be known as the Special Services
Board, comprised of the Sergeant at Arms of the House of
Representatives, the Sergeant at Arms and Doorkeeper of the
Senate, and the Architect of the Capitol) shall provide
special services to Members of Congress, and to officers,
employees, and guests of Congress. (Pub.L. 101-163, Title
III, Sec. 310, Nov. 21, 1989, 103 Stat. 1065; Pub.L. 104-53,
Sec. 112, November 19, 1995, 109 Stat. 525.)
498 Sec. 130g. Emergency situations; provisions of facilities,
equipment, supplies, personnel, and other support
services for use of Senate.
(a) Notwithstanding any other provision of law--
(1) Subject to subsection (b) of this
section, the Sergeant at Arms of the Senate and
the head of an executive agency (as defined in
section 105 of Title 5), may enter into a
memorandum of understanding under which the
agency may provide facilities, equipment,
supplies, personnel, and other support services
for the use of the Senate during an emergency
situation; and
(2) The Sergeant at Arms of the Senate and
the head of the agency may take any action
necessary to carry out the terms of the
memorandum of understanding.
(b) The Sergeant at Arms of the Senate may enter into a
memorandum of understanding described in subsection (a)(1)
of this section consistent with the Senate Procurement
Regulations.
(c) This section shall apply with respect to fiscal year
2002 and each succeeding fiscal year. (Pub.L. 107-117, Div.
B, ch. 9, Sec. 902, Jan. 10, 2002, 115 Stat. 2316.)
Chapter 5.--LIBRARY OF CONGRESS
499 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,
[[Page 377]]
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.)
500 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.)
501 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 504).
502 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.)
503 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.)
504 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.)
505 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.)
[[Page 378]]
506 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.)
507 Sec. 139. Omitted.
508 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.)
509 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 720 through 729).
510 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.)
[[Page 379]]
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 1268 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 1278).
511 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.)
512 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.)
513 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.)
[[Page 380]]
514 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.)
515 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.)
516 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.)
517 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
[[Page 381]]
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.)
518 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.)
519 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.)
520 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.)
[[Page 382]]
521 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.
[[Page 383]]
(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
[[Page 384]]
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.
[[Page 385]]
(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.
[[Page 386]]
(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.''
Chapter 6.--CONGRESSIONAL AND COMMITTEE PROCEDURE:
INVESTIGATIONS
522 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.)
523 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
[[Page 387]]
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.)
524 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.)
525 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.)
526 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.)
[[Page 388]]
527 Sec. 194b. Omitted.
528 Sec. 195a. Restriction on payment of witness fees or travel
and subsistence expenses to persons subpenaed by
Congressional committees.
No part of any appropriation disbursed by the Secretary
of the Senate shall be available on or after July 12, 1960,
hereafter for the payment to any person, at the time of the
service upon him of a subpena requiring his attendance at
any inquiry or hearing conducted by any committee of the
Congress or of the Senate or any subcommittee of any such
committee, of any witness fee or any sum of money as an
advance payment of any travel or subsistence expense which
may be incurred by such person in responding to that
subpena. (Pub.L. 86-628, July 12, 1960, 74 Stat. 449.)
529 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.)
530 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.)
531 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.)
532 Sec. Sec. 261-270 Repealed.
For provisions relating to disclosure of lobbying
activities to influence Federal Government, see section 1601
et seq. of Title 2, United States Code.
Chapter 9.--OFFICE OF LEGISLATIVE COUNSEL
533 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 Legisla
[[Page 389]]
tive 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.)
534 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.)
535 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.)
536 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.)
537 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.)
538 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.)
539 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
[[Page 390]]
Legislative Counsel of the Senate. (Pub.L. 98-51, Title I,
Sec. 105, July 14, 1983, 97 Stat. 267.)
540 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
541 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
[[Page 391]]
at a rate equal to the annual rate of basic pay for level IV
of the Executive Schedule under section 5315 of Title 5.
(b) Assistant counsels and other personnel; compensation;
appointment; removal
(1) The Counsel shall select and fix the compensation of
such Assistant Senate Legal Counsels (hereinafter referred
to as ``Assistant Counsels'') and of such other personnel,
within the limits of available funds, as may be necessary to
carry out the provisions of this chapter and may prescribe
the duties and responsibilities of such personnel. The
compensation fixed for each Assistant Counsel shall not be
in excess of a rate equal to the annual rate of basic pay
for level V of the Executive Schedule under section 5316 of
Title 5. Any selection made under this paragraph shall be
made without regard to political affiliation and solely on
the basis of fitness to perform the duties of the position.
Any individual selected as an Assistant Counsel shall be
learned in the law, a member of the bar of a State or the
District of Columbia, and shall not engage in any other
business, vocation, or employment during his term of
service. The Counsel may remove any individual appointed
under this paragraph.
(2) For purposes of pay (other than the rate of pay of
the Counsel and Deputy Counsel) and employment benefits,
right, and privileges, all personnel of the Office shall be
treated as employees of the Senate.
(c) Consultants
In carrying out the functions of the Office, the Counsel
may procure the temporary (not to exceed one year) or
intermittent services of individual consultants (including
outside counsel), or organizations thereof, in the same
manner and under the same conditions as a standing committee
of the Senate may procure such services under section 72a(i)
of this title.
(d) Policies and procedures
The Counsel may establish such policies and procedures
as may be necessary to carry out the provisions of this
chapter.
(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.)
542 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:
[[Page 392]]
(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.)
543 Sec. 288b. Requirements for authorizing representation
activity.
(a) Direction of Joint Leadership Group or Senate resolution
The Counsel shall defend the Senate or a committee,
subcommittee, Member, officer, or employee of the Senate
under section 288c of this title only when directed to do so
by two-thirds of the Members of the Joint Leadership Group
or by the adoption of a resolution by the Senate.
(b) Civil action to enforce subpena
The Counsel shall bring a civil action to enforce a
subpena of the Senate or a committee or subcommittee of the
Senate under section 288d of this title only when directed
to do so by the adoption of a resolution by the Senate.
(c) Intervention or appearance
The Counsel shall intervene or appear as amicus curiae
under section 288e of this title only when directed to do so
by a resolution adopted by the Senate when such intervention
or appearance is to be made in the name of the Senate or in
the name of an officer, committee, subcommittee, or chairman
of a committee or subcommittee of the Senate.
(d) Immunity proceedings
The Counsel shall serve as the duly authorized
representative in obtaining an order granting immunity under
section 288f of this title of--
(1) the Senate when directed to do so by an
affirmative vote of a majority of the Members
present of the Senate; or
(2) a committee or subcommittee of the
Senate when directed to do so by an affirmative
vote of two-thirds of the members of the full
committee.
(e) Resolution recommendations
(e) The Office shall make no recommendation with respect
to the consideration of a resolution under this section.
(Pub.L. 95-521, Title VII, Sec. 703, Oct. 26, 1978, 92 Stat.
1877.)
544 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--
[[Page 393]]
(1) defend the Senate, a committee,
subcommittee, Member, officer, or employee of
the Senate in any civil action pending in any
court of the United States or of a State or
political subdivision thereof, in which the
Senate, such committee, subcommittee, Member,
officer, or employee is made a party defendant
and in which there is placed in issue the
validity of any proceeding of, or action,
including issuance of any subpena or order,
taken by the Senate, or such committee,
subcommittee, Member, officer, or employee in
its or his official or representative capacity;
or
(2) defend the Senate or a committee,
subcommittee, Member, officer, or employee of
the Senate in any proceeding with respect to any
subpena or order directed to the Senate or such
committee, subcommittee, Member, officer, or
employee in its or his official or
representative capacity.
(b) Representation of a Member, officer, or employee
under subsection (a) of this section shall be undertaken by
the Counsel only upon the consent of such Member, officer,
or employee. (Pub.L. 95-521, Title VII, Sec. 704, Oct. 26,
1978, 92 Stat. 1877.)
545 Sec. 288d. Enforcement of Senate subpena or order.
(a) Institution of civil actions
When directed to do so pursuant to section 288b(b) of
this title, the Counsel shall bring a civil action under any
statute conferring jurisdiction on any court of the United
States (including section 1365 of Title 28), to enforce, to
secure a declaratory judgment concerning the validity of, or
to prevent a threatened failure or refusal to comply with,
any subpena or order issued by the Senate or a committee or
a subcommittee of the Senate authorized to issue a subpena
or order.
(b) Actions in name of committees and subcommittees
Any directive to the Counsel to bring a civil action
pursuant to subsection (a) of this section in the name of a
committee or subcommittee of the Senate shall, for such
committee or subcommittee, constitute authorization to bring
such action within the meaning of any statute conferring
jurisdiction on any court of the United States.
(c) Consideration of resolutions authorizing actions
It shall not be in order in the Senate to consider a
resolution to direct the Counsel to bring a civil action
pursuant to subsection (a) of this section in the name of a
committee or subcommittee unless--
(1) such resolution is reported by a
majority of the members voting, a majority being
present, of such committee or committee of which
such subcommittee is a subcommittee, and
(2) the report filed by such committee or
committee of which such subcommittee is a
subcommittee contains a statement of--
(A) the procedure followed in issuing
such subpena;
(B) the extent to which the party
subpenaed has complied with such subpena;
(C) any objections or privileges raised
by the subpenaed party; and
(D) the comparative effectiveness of
bringing a civil action under this section,
certification of a criminal action for
contempt of Congress, and initiating a
contempt proceeding before the Senate.
[[Page 394]]
(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.)
546 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
[[Page 395]]
responsibilities of Congress. (Pub.L. 95-521, Title VII,
Sec. 706, Oct. 26, 1978, 92 Stat. 1880.)
547 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.)
548 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 subpena, order, or
request for withdrawal of papers presented to
the Senate which raises a question of the
privileges of the Senate; and
(6) any committee or subcommittee of the
Senate in promulgating and revising their rules
and procedures for the use of congressional
investigative powers and with respect to
questions which may arise in the course of any
investigation.
(b) Legal research files
The Counsel shall compile and maintain legal research
files of materials from court proceedings which have
involved Congress, a House of Congress, an office or agency
of Congress, or any committee, subcommittee, Member,
officer, or employee of Congress. Public court papers and
other research memoranda which do not contain information of
a confidential or privileged nature shall be made available
to the public consistent with any applicable procedures set
forth in such rules of the Senate as may apply and the
interests of the Senate.
(c) Miscellaneous duties
The Counsel shall perform such other duties consistent
with the purposes and limitations of this chapter as the
Senate may direct. (Pub.L.
[[Page 396]]
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.)
549 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.)
550 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.
[[Page 397]]
(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.)
551 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--
[[Page 398]]
(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.)
552 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.)
553 Sec. 288l. Procedural provisions.
(a) Intervention or appearance
Permission to intervene as a party or to appear as
amicus curiae under section 288e of this title shall be of
right and may be denied by a court only upon an express
finding that such intervention or appearance is untimely and
would significantly delay the pending action or that
standing to intervene has not been established under section
2 of article III of the Constitution of the United States.
(b) Compliance with admission requirements
The Counsel, the Deputy Counsel, or any designated
Assistant Counsel or counsel specially retained by the
Office shall be entitled, for the purpose of performing his
functions under this chapter, to enter an appearance in any
proceeding before any court of the United States or of a
State or political subdivision thereof without compliance
with any requirement for admission to practice before such
court, except that the authorization conferred by this
supply with respect to the admission of any such person to
practice before the United States Supreme Court.
(c) Standing to sue; jurisdiction
Nothing in this chapter shall be construed to confer
standing on any party seeking to bring, or jurisdiction on
any court with respect to, any civil or criminal action
against Congress, either House of Congress, a Member of
Congress, a committee or subcommittee of a House of
Congress, any office or agency of Congress, or any officer
or employee
[[Page 399]]
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.)
554 Sec. 288m. Contingent fund.
The expenses of the Office shall be paid from the
contingent fund of the Senate in accordance with section 68
of this title, and upon vouchers approved by the Counsel.
(Pub.L. 95-521, Title VII, Sec. 716, Oct. 26, 1978, 92 Stat.
1885.)
Chapter 11.--CITIZENS' COMMISSION ON PUBLIC SERVICE AND
COMPENSATION
555 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.)
556 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.
[[Page 400]]
(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.)
557 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
[[Page 401]]
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.)
558 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.)
559 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.)
560 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,
[[Page 402]]
1989, 103 Stat. 1764; Pub.L. 102-572, Title IX,
Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
561 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.)
562 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.)
563 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
[[Page 403]]
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.)
564 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.)
565 Sec. 361. Publication of recommendations.
The recommendations of the President which take effect
shall be printed in the Statutes at Large in the same volume
as public laws and shall be printed in the Federal Register
and included in the Code of Federal Regulations. (Dec. 16,
1967, Pub.L. 90-206, Sec. 225(k), 81 Stat. 644.)
Note
Section 135(g) of Public Law 99-190 (99 Stat. 1323, Dec.
19, 1985) provides that the Commission shall not make
recommendations on rates of pay in connection with the
review of rates of pay conducted in fiscal year 1985 except
for the rates of pay of the Governors of the Board of Postal
Service.
[[Page 404]]
566 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.)
567 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.)
568 Sec. 364. Provision relating to certain other pay
adjustments.
(1) A provision of law increasing the rate of pay
payable for an office or position within the purview of
subparagraph (A), (B), (C), or (D) of section 356 of this
title shall not take effect before the beginning of the
Congress following the Congress during which such provision
is enacted.
[[Page 405]]
(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
569 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
570 Sec. 431. Definitions.
When used in this Act:
(1) The term ``election'' means--
(A) a general, special, primary, or
runoff election;
(B) a convention or caucus of a
political party which has authority to
nominate a candidate;
(C) a primary election held for the
selection of delegates to a national
nominating convention of a political party;
and
(D) a primary election held for the
expression of a preference for the
nomination of individuals for election to
the office of President.
(2) The term ``candidate'' means an
individual who seeks nomination for election, or
election, to Federal office, and for purposes of
this paragraph, an individual shall be deemed to
seek nomination for election, or election--
(A) if such individual has received
contributions aggregating in excess of
$5,000 or has made expenditures aggregating
in excess of $5,000; or
(B) if such individual has given his or
her consent to another person to receive
contributions or make expenditures on behalf
of such individual and if such person has
received such contributions aggregating in
excess of $5,000 or has made such
expenditures aggregating in excess of
$5,000.
(3) The term ``Federal office'' means the
office of President or Vice President, or of
Senator or Representative in, or Delegate or
Resident Commissioner to, the Congress.
(4) The term ``political committee'' means--
[[Page 406]]
(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
[[Page 407]]
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
[[Page 408]]
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 cred
[[Page 409]]
it, 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
[[Page 410]]
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.
[[Page 411]]
(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
[[Page 412]]
(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--
[[Page 413]]
(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.)
571 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--
[[Page 414]]
(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,
[[Page 415]]
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.
[[Page 416]]
(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.)
572 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--
[[Page 417]]
(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.)
573 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;
[[Page 418]]
(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.
[[Page 419]]
(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
[[Page 420]]
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
[[Page 421]]
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
[[Page 422]]
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;
[[Page 423]]
(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;
[[Page 424]]
(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
[[Page 425]]
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.
[[Page 426]]
(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 communica
[[Page 427]]
tions 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,
[[Page 428]]
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
[[Page 429]]
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
[[Page 430]]
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;
[[Page 431]]
(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,
[[Page 432]]
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.)
574 Sec. 435. Repealed (Pub.L. 96-187, Title I, Sec. 105(1),
Jan. 8, 1980, 93 Stat. 1354).
575 Sec. 436. Repealed (Pub.L. 96-187, Title I, Sec. 105(1),
Jan. 8, 1980, 93 Stat. 1354).
576 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.)
577 Sec. 437a. Repealed (Pub.L. 94-283, Title I, Sec. 105, May
11, 1976, 90 Stat. 481).
578 Sec. 437b. Repealed (Pub.L. 97-187, Title I, Sec. 105(1),
Jan. 8, 1980, 93 Stat. 1354).
579 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;
[[Page 433]]
(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
[[Page 434]]
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
[[Page 435]]
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.)
580 Sec. 437d. Powers of Commission.
(a) Specific authorities
The Commission has the power--
(1) to require by special or general orders,
any person to submit, under oath, such written
reports and answers to questions as the
Commission may prescribe;
(2) to administer oaths or affirmations;
(3) to require by subpena, signed by the
chairman or the vice chairman, the attendance
and testimony of witnesses and the production of
all documentary evidence relating to the
execution of its duties;
(4) in any proceeding or investigation, to
order testimony to be taken by deposition before
any person who is designated by the Commission
and has the power to administer oaths and, in
such instances, to compel testimony and the
production of evidence in the same manner as
authorized under paragraph (3);
(5) to pay witnesses the same fees and
mileages as are paid in like circumstances in
the courts of the United States;
(6) to initiate (through civil actions for
injunctive, declaratory, or other appropriate
relief), defend (in the case of any civil action
brought under section 437g(a)(8) of this title)
or appeal any civil action in the name of the
Commission to enforce the provisions of this Act
and chapter 95 and chapter 96 of Title 26,
through its general counsel;
(7) to render advisory opinions under
section 437f of this title;
(8) to develop such prescribed forms and to
make, amend, and repeal such rules, pursuant to
the provisions of chapter 5 of Title 5, as are
necessary to carry out the provisions of this
Act and chapter 95 and chapter 96 of Title 26;
and
(9) to conduct investigations and hearings
expeditiously, to encourage voluntary
compliance, and to report apparent violations to
the appropriate law enforcement authorities.
(b) Judicial orders for compliance with subpenas and orders
of Commission; contempt of court
Upon petition by the Commission, any United States
district court within the jurisdiction of which any inquiry
is being carried on may, in case of refusal to obey a
subpena or order of the Commission issued under subsection
(a) of this section, issue an order requiring compliance.
Any failure to obey the order of the court may be punished
by the court as a contempt thereof.
[[Page 436]]
(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.)
581 Sec. 437e. Repealed (Pub.L. 96-187, Title I, Sec. 105(1),
Jan. 8, 1980, 93 Stat. 1354).
582 Sec. 437f. Advisory opinions.
(a) Requests by persons, candidates, or authorized
committees; subject matter, time for response
(1) Not later than 60 days after the Commission receives
from a person a complete written request concerning the
application of this Act, chapter 95 or chapter 96 of Title
26, or a rule or regulation prescribed by the Commission,
with respect to a specific transaction or activity by the
person, the Commission shall render a written advisory
opinion relating to such transaction or activity to the
person.
(2) If an advisory opinion is requested by a candidate,
or any authorized committee of such candidate, during the
60-day period before any election for Federal office
involving the requesting party, the Commission shall render
a written advisory opinion relating to such request no later
than 20 days after the Commission receives a complete
written request.
[[Page 437]]
(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.)
583 Sec. 437g. Enforcement.
(a) Administrative and judicial practice and procedure
(1) Any person who believes a violation of this Act or
of chapter 95 or chapter 96 of Title 26 has occurred, may
file a complaint with the Commission. Such complaint shall
be in writing, signed and sworn to by the person filing such
complaint, shall be notarized, and shall be made under
penalty of perjury and subject to the provisions of section
1001 of Title 18. Within 5 days after receipt of a
complaint, the Commission shall notify, in writing, any
person alleged in the complaint to have committed such a
violation. Before the Commission conducts any vote on the
complaint, other than a vote to dismiss, any person so
notified shall have the opportunity to demonstrate, in
writing, to the Commission within 15 days after notification
that no action should be taken against such person on the
basis of the complaint. The Commis
[[Page 438]]
sion may not conduct any investigation or take any other
action under this section solely on the basis of a complaint
of a person whose identity is not disclosed to the
Commission.
(2) If the Commission, upon receiving a complaint under
paragraph (1) or on the basis of information ascertained in
the normal course of carrying out its supervisory
responsibilities, determines, by an affirmative vote of 4 of
its members, that it has reason to believe that a person has
committed, or is about to commit, a violation of this Act or
chapter 95 or chapter 96 of Title 26, the Commission shall,
through its chairman or vice chairman, notify the person of
the alleged violation. Such notification shall set forth the
factual basis for such alleged violation. The Commission
shall make an investigation of such alleged violation, which
may include a field investigation or audit, in accordance
with the provisions of this section.
(3) The general counsel of the Commission shall notify
the respondent of any recommendation to the Commission by
the general counsel to proceed to a vote on probable cause
pursuant to paragraph (4)(A)(i). With such notification, the
general counsel shall include a brief stating the position
of the general counsel on the legal and factual issues of
the case. Within 15 days of receipt of such brief,
respondent may submit a brief stating the position of such
respondent on the legal and factual issues of the case, and
replying to the brief of general counsel. Such briefs shall
be filed with the Secretary of the Commission and shall be
considered by the Commission before proceeding under
paragraph (4).
(4)(A)(i) Except as provided in clause (ii) and
subparagraph (C), if the Commission determines, by an
affirmative vote of 4 of its members, that there is probable
cause to believe that any person has committed, or is about
to commit, a violation of this Act or of chapter 95 or
chapter 96 of Title 26, the Commission shall attempt, for a
period of at least 30 days, to correct or prevent such
violation by informal methods of conference, conciliation,
and persuasion, and to enter into a conciliation agreement
with any person involved. Such attempt by the Commission to
correct or prevent such violation may continue for a period
of not more than 90 days. The Commission may not enter into
a conciliation agreement under this clause except pursuant
to an affirmative vote of 4 of its members. A conciliation
agreement, unless violated, is a complete bar to any further
action by the Commission, including the bringing of a civil
proceeding under paragraph (6)(A).
(ii) If any determination of the Commission under clause
(i) occurs during the 45-day period immediately preceding
any election, then the Commission shall attempt, for a
period of at least 15 days, to correct or prevent the
violation involved by the methods specified in clause (i).
(B)(i) No action by the Commission or any person, and no
information derived, in connection with any conciliation
attempt by the Commission under subparagraph (A) may be made
public by the Commission without the written consent of the
respondent and the Commission.
(ii) If a conciliation agreement is agreed upon by the
Commission and the respondent, the Commission shall make
public any conciliation agreement signed by both the
Commission and the respondent. If the Commission makes a
determination that a person has not violated this
[[Page 439]]
Act or chapter 95 or chapter 96 of Title 26, the Commission
shall make public such determination.
(C)(i) Notwithstanding subparagraph (A), in the case of
a violation of any requirement of section 434(a) of this
title, the Commission may--
(I) find that a person committed such a
violation on the basis of information obtained
pursuant to the procedures described in
paragraphs (1) and (2); and
(II) based on such finding, require the
person to pay a civil money penalty in an amount
determined under a schedule of penalties which
is established and published by the Commission
and which takes into account the amount of the
violation involved, the existence of previous
violations by the person, and such other factors
as the Commission considers appropriate.
(ii) The Commission may not make any determination
adverse to a person under clause (i) until the person has
been given written notice and an opportunity to be heard
before the Commission.
(iii) Any person against whom an adverse determination
is made under this subparagraph may obtain a review of such
determination in the district court of the United States for
the district in which the person resides, or transacts
business, by filing in such court (prior to the expiration
of the 30-day period which begins on the date the person
receives notification of the determination) a written
petition requesting that the determination be modified or
set aside.
(5)(A) If the Commission believes that a violation of
this Act or of chapter 95 or chapter 96 of Title 26 has been
committed, a conciliation agreement entered into by the
Commission under paragraph (4)(A) may include a requirement
that the person involved in such conciliation agreement
shall pay a civil penalty which does not exceed the greater
of $5,000 or an amount equal to any contribution or
expenditure involved in such violation.
(B) If the Commission believes that a knowing and
willful violation of this Act or of chapter 95 or chapter 96
of Title 26 has been committed, a conciliation agreement
entered into by the Commission under paragraph (4)(A) may
require that the person involved in such conciliation
agreement shall pay a civil penalty which does not exceed
the greater of $10,000 or an amount equal to 200 percent of
any contribution or expenditure involved in such violation
(or, in the case of a violation of section 320, which is not
less than 300 percent of the amount involved in the
violation and is not more than the greater of $50,000 or
1,000 percent of the amount involved in the violation).
(C) If the Commission by an affirmative vote of 4 of its
members, determines that there is probable cause to believe
that a knowing and willful violation of this Act which is
subject to subsection (d) of this section, or a knowing and
willful violation of chapter 95 or chapter 96 of Title 26,
has occurred or is about to occur, it may refer such
apparent violation to the Attorney General of the United
States without regard to any limitations set forth in
paragraph (4)(A).
(D) In any case in which a person has entered into a
conciliation agreement with the Commission under paragraph
(4)(A), the Commission may institute a civil action for
relief under paragraph (6)(A) if it believes that the person
has violated any provision of such conciliation agreement.
For the Commission to obtain relief in any civil action, the
Com
[[Page 440]]
mission need only establish that the person has violated, in
whole or in part, any requirement of such conciliation
agreement.
(6)(A) If the Commission is unable to correct or prevent
any violation of this Act or of chapter 95 or chapter 96 of
Title 26, by the methods specified in paragraph (4), the
Commission may, upon an affirmative vote of 4 of its
members, institute a civil action for relief, including a
permanent or temporary injunction, restraining order, or any
other appropriate order (including an order for a civil
penalty which does not exceed the greater of $5,000 or an
amount equal to any contribution or expenditure involved in
such violation) in the district court of the United States
for the district in which the person against whom such
action is brought is found, resides, or transacts business.
(B) In any civil action instituted by the Commission
under subparagraph (A), the court may grant a permanent or
temporary injunction, restraining order, or other order,
including a civil penalty which does not exceed the greater
of $5,000 or an amount equal to any contribution or
expenditure involved in such violation, upon a proper
showing that the person involved has committed, or is about
to commit (if the relief sought is a permanent or temporary
injunction or a restraining order), a violation of this Act
or chapter 95 or chapter 96 of Title 26.
(C) In any civil action for relief instituted by the
Commission under subparagraph (A), if the court determines
that the Commission has established that the person involved
in such civil action has committed a knowing and willful
violation of this Act or of chapter 95 or chapter 96 of
Title 26, the court may impose a civil penalty which does
not exceed the greater of $10,000 or an amount equal to 200
percent of any contribution or expenditure involved in such
violation (or, in the case of a violation of section 320,
which is not less than 300 percent of the amount involved in
the violation and is not more than the greater of $50,000 or
1,000 percent of the amount involved in the violation).
(7) In any action brought under paragraph (5) or (6),
subpenas for witnesses who are required to attend a United
States district court may run into any other district.
(8)(A) Any party aggrieved by an order of the Commission
dismissing a complaint filed by such party under paragraph
(1), or by a failure of the Commission to act on such
complaint during the 120-day period beginning on the date
the complaint is filed, may file a petition with the United
States District Court for the District of Columbia.
(B) Any petition under subparagraph (A) shall be filed,
in the case of a dismissal of a complaint by the Commission,
within 60 days after the date of the dismissal.
(C) In any proceeding under this paragraph the court may
declare that the dismissal of the complaint or the failure
to act is contrary to law, and may direct the Commission to
conform with such declaration within 30 days, failing which
the complainant may bring, in the name of such complainant,
a civil action to remedy the violation involved in the
original complaint.
(9) Any judgment of a district court under this
subsection may be appealed to the court of appeals, and the
judgment of the court of appeals affirming or setting aside,
in whole or in part, any such order of the district court
shall be final, subject to review by the Supreme Court of
the United States upon certiorari or certification as
provided in section 1254 of Title 28.
[[Page 441]]
(10) Repealed. (Pub.L. 98-620, Sec. 402(1)(A), Nov. 8,
1984, 98 Stat. 3357)
(11) If the Commission determines after an investigation
that any person has violated an order of the court entered
in a proceeding brought under paragraph (6), it may petition
the court for an order to hold such person in civil
contempt, but if it believes the violation to be knowing and
willful it may petition the court for an order to hold such
person in criminal contempt.
(12)(A) Any notification or investigation made under
this section shall not be made public by the Commission or
by any person without the written consent of the person
receiving such notification or the person with respect to
whom such investigation is made.
(B) Any member or employee of the Commission, or any
other person, who violates the provisions of subparagraph
(A) shall be fined not more than $2,000. Any such member,
employee, or other person who knowingly and willfully
violates the provisions of subparagraph (A) shall be fined
not more than $5,000.
(b) Notice to persons not filing required reports prior to
institution of enforcement action; publication of
identity of persons and unfiled reports
Before taking any action under subsection (a) against
any person who has failed to file a report required under
section 434(a)(2)(A)(iii) of this title for the calendar
quarter immediately preceding the election involved, or in
accordance with section 434(a)(2)(A)(i) of this title, the
Commission shall notify the person of such failure to file
the required reports. If a satisfactory response is not
received within 4 business days after the date of
notification, the Commission shall, pursuant to section
438(a)(7) of this title, publish before the election the
name of the person and the report or reports such person has
failed to file.
(c) Reports by Attorney General of apparent violations
Whenever the Commission refers an apparent violation to
the Attorney General, the Attorney General shall report to
the Commission any action taken by the Attorney General
regarding the apparent violation. Each report shall be
transmitted within 60 days after the date the Commission
refers an apparent violation, and every 30 days thereafter
until the final disposition of the apparent violation.
(d) Penalties; defenses; mitigation of offenses
(1)(A) Any person who knowingly and willfully commits a
violation of any provision of this Act which involves the
making, receiving, or reporting of any contribution,
donation, or expenditure--
(i) aggregating $25,000 or more during a
calendar year shall be fined under Title 18,
United States Code, or imprisoned for not more
than 5 years, or both; or
(ii) aggregating $2,000 or more (but less
than $25,000) during a calendar year shall be
fined under such title, or imprisoned for not
more than 1 year, or both.
(B) In the case of a knowing and willful violation of
section 441b(b)(3) of this title, the penalties set forth in
this subsection shall apply to a violation involving an
amount aggregating $250 or more during a calendar year. Such
violation of section 441b(b)(3) of this title may
incorporate a violation of section 441c(b), 441f, or 441g of
this title.
[[Page 442]]
(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.)
584 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.)
585 Sec. 438. Administrative provisions.
(a) Duties of Commission
The Commission shall--
(1) prescribe forms necessary to implement
this Act;
[[Page 443]]
(2) prepare, publish, and furnish to all
persons required to file reports and statements
under this Act a manual recommending uniform
methods of bookkeeping and reporting;
(3) develop a filing, coding, and cross-
indexing system consistent with the purposes of
this Act;
(4) within 48 hours after the time of the
receipt by the Commission of reports and
statements filed with it, make them available
for public inspection, and copying, at the
expense of the person requesting such copying
except that any information copied from such
reports or statements may not be sold or used by
any person for the purpose of soliciting
contributions or for commercial purposes, other
than using the name and address of any political
committee to solicit contributions from such
committee. A political committee may submit 10
pseudonyms on each report filed in order to
protect against the illegal use of names and
addresses of contributors, provided such
committee attaches a list of such pseudonyms to
the appropriate report. The Secretary or the
Commission shall exclude these lists from the
public record;
(5) keep such designations, reports, and
statements for a period of 10 years from the
date of receipt, except that designations,
reports, and statements that relate solely to
candidates for the House of Representatives
shall be kept for 5 years from the date of their
receipt;
(6)(A) compile and maintain a cumulative
index of designations, reports, and statements
filed under this Act, which index shall be
published at regular intervals and made
available for purchase directly or by mail;
(B) compile, maintain, and revise a separate
cumulative index of reports and statements filed
by multi-candidate committees, including in such
index a list of multi-candidate committees; and
(C) compile and maintain a list of multi-
candidate committees, which shall be revised and
made available monthly;
(7) prepare and publish periodically lists
of authorized committees which fail to file
reports as required by this Act;
(8) prescribe rules, regulations, and forms
to carry out the provisions of this Act, in
accordance with the provisions of subsection (d)
of this section; and
(9) transmit to the President and to each
House of the Congress no later than June 1 of
each year, a report which states in detail the
activities of the Commission in carrying out its
duties under this Act, and any recommendations
for any legislative or other action the
Commission considers appropriate.
(b) Audits and field investigations
The Commission may conduct audits and field
investigations of any political committee required to file a
report under section 434 of this Title. All audits and field
investigations concerning the verification for, and receipt
and use of, any payments received by a candidate or
committee under chapter 95 or chapter 96 of Title 26 shall
be given priority. Prior to conducting any audit under this
subsection, the Commission shall perform an internal review
of reports filed by selected committees to determine if the
reports filed by a particular committee meet the threshold
requirements for substantial compliance with the Act. Such
thresholds for compliance shall be established by the
Commission. The
[[Page 444]]
Commission may, upon an affirmative vote of 4 of its
members, conduct an audit and field investigation of any
committee which does meet the threshold requirements,
established by the Commission. Such audit shall be commenced
within 30 days of such vote, except that any audit of an
authorized committee of a candidate, under the provisions of
this subsection, shall be commenced within 6 months of the
election for which such committee is authorized.
(c) Statutory provisions applicable to forms and
information-gathering activities
Any forms prescribed by the Commission under subsection
(a)(1) of this section, and any information-gathering
activities of the Commission under this Act, shall not be
subject to the provisions of section 3512 of Title 44.
(d) Rules, regulations, or forms; issuance, procedures
applicable, etc.
(1) Before prescribing any rule, regulation, or form
under this section or any other provision of this Act, the
Commission shall transmit a statement with respect to such
rule, regulation, or form to the Senate and the House of
Representatives, in accordance with this subsection. Such
statement shall set forth the proposed rule, regulation, or
form, and shall contain a detailed explanation and
justification of it.
(2) If either House of the Congress does not disapprove
by resolution any proposed rule or regulation submitted by
the Commission under this section within 30 legislative days
after the date of the receipt of such proposed rule or
regulation or within 10 legislative days after the date of
receipt of such proposed form, the Commission may prescribe
such rule, regulation, or form.
(3) For purposes of this subsection, the term
``legislative day'' means, with respect to statements
transmitted to the Senate, any calendar day on which the
Senate is in session, and with respect to statements
transmitted to the House of Representatives, any calendar
day on which the House of Representatives is in session.
(4) For purposes of this subsection, the terms ``rule''
and ``regulation'' mean a provision or series of
interrelated provisions stating a single, separable rule of
law.
(5)(A) A motion to discharge a committee of the Senate
from the consideration of a resolution relating to any such
rule, regulation, or form or a motion to proceed to the
consideration of such resolution, is highly privileged and
shall be decided without debate.
(B) Whenever a committee of the House of Representatives
reports any resolution relating to any such form, rule or
regulation, it is at any time thereafter in order (even
though a previous motion to the same effect has been
disagreed to) to move to proceed to the consideration of the
resolution. The motion is highly privileged and is not
debatable. An amendment to the motion is not in order, and
it is not in order to move to reconsider the vote by which
the motion is agreed to or disagreed with.
(e) Scope of protection for good faith reliance upon rules
or regulations
Notwithstanding any other provision of law, any person
who relies upon any rule or regulation prescribed by the
Commission in accordance
[[Page 445]]
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.)
586 Sec. 439. Statements filed with State officers;
``appropriate State'' defined; duties of State officers;
waiver of duplicate filing requirement for States with
electronic access.
(a) Statements filed; ``appropriate State'' defined
(1) A copy of each report and statement required to be
filed by any person under this Act shall be filed by such
person with the Secretary of State (or equivalent State
officer) of the appropriate State, or, if different, the
officer of such State who is charged by State law with
maintaining State election campaign reports. The chief
executive officer of such State shall designate any such
officer and notify the Commission of any such designation.
(2) For purposes of this subsection, the term
``appropriate State'' means--
(A) for statements and reports in connection
with the campaign for nomination for election of
a candidate to the office of President or Vice
President, each State in which an expenditure is
made on behalf of the candidate; and
(B) for statements and reports in connection
with the campaign for nomination for election,
or election, of a candidate to the office of
Senator or Representative in, or Delegate or
Resident Commissioner to, the Congress, the
State in which the candidate seeks election;
except that political committees other than
authorized committees are only required to file,
and Secretaries of State required to keep, that
portion of the report applicable to candidates
seeking election in that State.
(b) Duties of State officers
The Secretary of State (or equivalent State officer), or
the officer designated under subsection (a)(1) of this
section, shall--
(1) receive and maintain in an orderly
manner all reports and statements required by
this Act to be filed therewith;
[[Page 446]]
(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.)
587 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;
[[Page 447]]
(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
[[Page 448]]
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.)
588 Sec. 439b. Repealed (Pub.L. 96-187, Title I, Sec. 105(1),
Jan. 8, 1980, 93 Stat. 1354).
589 Sec. 440. Repealed (Pub.L. 93-443, Title I, Sec. 101(f)(4),
Oct. 15, 1974, 88 Stat. 1268).
590 Sec. 441. Repealed (Pub.L. 94-283, Title I, Sec. 112(1),
May. 11, 1976, 90 Stat. 486).
591 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
[[Page 449]]
(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).
[[Page 450]]
(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.
[[Page 451]]
(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)--
[[Page 452]]
(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
[[Page 453]]
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--
[[Page 454]]
(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
[[Page 455]]
(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
[[Page 456]]
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.)
592 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--
[[Page 457]]
(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 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
[[Page 458]]
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
[[Page 459]]
(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.)
593 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
[[Page 460]]
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.)
594 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.
[[Page 461]]
(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.)
595 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
[[Page 462]]
(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.)
596 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.)
597 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.)
598 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.)
[[Page 463]]
599 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 do
[[Page 464]]
nate 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
[[Page 465]]
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.--Nothwithstanding paragraph (1)
or subsection (b)(2)(C), a candidate or an individual
holding Federal office may attend, speak, or be a featured
guest at a fundraising event for a State, district, or local
committee of a political party.
(4) Permitting certain solicitations--
(A) General solicitations.--Notwithstanding
any other provision of this subsection, an
individual described in paragraph (1) may make a
general solicitation of funds on behalf of any
organization that is described in section 501(c)
of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such Code
(or has submitted an application for
determination of tax exempt status under such
section) (other than an entity whose principal
purpose is to conduct activities described in
clauses (i) and (ii) of section 431(20)(A))
where such solicitation does not specify how the
funds will or should be spent.
(B) Certain specific solicitations.--In
addition to the general solicitations permitted
under subparagraph (A), an individual described
in paragraph (1) may make a solicitation
explicitly to obtain funds for carrying out the
activities described in clauses (i) and (ii) of
section 431(20)(A), or for an entity whose
principal purpose is to conduct such activities,
if--
(i) the solicitation is made only to
individuals; and
(ii) the amount solicited from any
individual during any calendar year does not
exceed $20,000.
[[Page 466]]
(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.)
600 Sec. 441j. Repealed (Pub.L. 96-187, Title I, Sec. 105(1),
Jan. 8, 1980, 93 Stat. 1354).
601 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.)
602 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
603 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
[[Page 467]]
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.
604 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.)
605 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.)
606 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.)
607 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,
[[Page 468]]
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.)
608 Sec. 456. Repealed (Pub.L. 94-283, Title I, Sec. 111, May
11, 1976, 90 Stat. 486).
Chapter 15--OFFICE OF TECHNOLOGY ASSESSMENT
609 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.)
610 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.
[[Page 469]]
(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.)
[[Page 470]]
611 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 subpena or otherwise the attendance
of such witnesses and the production of such books, papers,
and documents, to administer such oaths and affirmations, to
take such testimony, to procure such printing and binding,
and to make such expenditures, as it deems advisable. The
Board may make such rules respecting its organization and
procedures as it deems necessary, except that no
recommendation shall be reported from the Board unless a
majority of the Board assent. Subpenas may be issued over
the signature of the chairman of the Board or of any voting
member designated by him or by the Board, and may be served
by such person or persons as may be designated by such
chairman or member. The chairman of the Board or any voting
member thereof may administer oaths or affirmations to
witnesses. (Pub.L. 92-484, Sec. 4, Oct. 13, 1972, 86 Stat.
798.)
612 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.
[[Page 471]]
(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.)
613 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;
[[Page 472]]
(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.)
614 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,
[[Page 473]]
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.
[[Page 474]]
(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.)
615 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.)
616 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
[[Page 475]]
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.)
617 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.)
618 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.
619 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
[[Page 476]]
in the chapter making such appropriations. (Oct. 13, 1972,
Pub.L. 92-484, Sec. 12, 86 Stat. 803.)
Chapter 16.--CONGRESSIONAL MAILING STANDARDS
620 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.
[[Page 477]]
(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.)
Chapter 17.--CONGRESSIONAL BUDGET OFFICE
621 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 con
[[Page 478]]
tinue 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.
[[Page 479]]
(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 68 of this title, and upon vouchers approved by
the Director. (Pub.L. 93-344, Title II, Sec. 201, July 12,
1974, 88 Stat. 302; Pub.L. 99-177, Title II, Sec. 273, Dec.
12, 1985, 99 Stat. 1098; Pub.L. 101-508, Title XIII,
Sec. 13202, Nov. 5, 1990, 104 Stat. 1388-615; Pub.L. 105-33,
Title X, Sec. 10102, Aug. 5, 1997, 111 Stat. 678; Pub.L.
106-113, div. B, Sec. 1000(a)(5), Nov. 29, 1999, 113 Stat.
1536, 1501A-299; Pub.L. 108-271, Sec. 8(b), July 7, 2004,
118 Stat. 814.)
622 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.
[[Page 480]]
(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
[[Page 481]]
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;
[[Page 482]]
(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.)
623 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.
[[Page 483]]
(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.
[[Page 484]]
624 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.
625 Sec. 605. Sale or lease of property, supplies, or services.
(a) Any sale or lease of property, supplies, or services
to the Congressional Budget Office shall be deemed to be a
sale or lease to the Congress subject to section 903 of the
Supplemental Appropriations Act, 1983 (2 U.S.C. 111b).
(b) Subsection (a) shall apply with respect to fiscal
years beginning after September 30, 1996. (Pub.L. 104-197,
Title I, Sec. 104, Sept. 16, 1996, 110 Stat. 2404.)
Codification
Section was enacted as part of the appropriation act
cited as the credit to this section, and not as part of
Title II of the Congressional Budget and Impoundment Control
Act of 1974 which comprises this chapter.
626 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.
627 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.)
[[Page 485]]
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.
628 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.)
629 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
630 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.)
[[Page 486]]
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.
631 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
[[Page 487]]
exclusion, exemption, or deduction from gross
income or which provide a special credit, a
preferential rate of tax, or a deferral of tax
liability; and the term ``tax expenditures
budget'' means an enumeration of such tax
expenditures.
(4) The term ``concurrent resolution on the
budget'' means--
(A) a concurrent resolution setting
forth the congressional budget for the
United States Government for a fiscal year
as provided in section 632 of this title;
and
(B) any other concurrent resolution
revising the congressional budget for the
United States Government for a fiscal year
as described in section 635 of this title.
(5) The term ``appropriation Act'' means an
Act referred to in section 105 of Title 1.
(6) The term ``deficit'' means, with respect
to a fiscal year, the amount by which outlays
exceeds receipts during that year.
(7) The term ``surplus'' means, with respect
to a fiscal year, the amount by which receipts
exceeds outlays during that year.
(8) The term ``government-sponsored
enterprise'' means a corporate entity created by
a law of the United States that--
(A)(i) has a Federal charter authorized
by law;
(ii) is privately owned, as evidenced by
capital stock owned by private entities or
individuals;
(iii) is under the direction of a board
of directors, a majority of which is elected
by private owners;
(iv) is a financial institution with
power to--
(I) make loans or loan
guarantees for limited purposes such
as to provide credit for specific
borrowers or one sector; and
(II) raise funds by borrowing
(which does not carry the full faith
and credit of the Federal
Government) or to guarantee the debt
of others in unlimited amounts; and
(B)(i) does not exercise powers that are
reserved to the Government as sovereign
(such as the power to tax or to regulate
interstate commerce);
(ii) does not have the power to commit
the Government financially (but it may be a
recipient of a loan guarantee commitment
made by the Government); and
(iii) has employees whose salaries and
expenses are paid by the enterprise and are
not Federal employees subject to Title 5 of
the United States Code.
(9) The term ``entitlement authority''
means--
(A) the authority to make payments
(including loans and grants), the budget
authority for which is not provided for in
advance by appropriation Acts, to any person
or government if, under the provisions of
the law containing that authority, the
United States is obligated to make such
payments to persons or governments who meet
the requirements established by that law;
and
(B) the food stamp program.
(10) The term ``credit authority'' means
authority to incur direct loan obligations or to
incur primary loan guarantee commitments.
(Pub.L. 93-344, Sec. 3, July 12, 1974, 88 Stat.
299; Aug. 1, 1946, ch. 724, Title I,
Sec. 302(c), as added Aug. 30, 1954, ch. 1073,
Sec. 1, as
[[Page 488]]
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.)
632 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
633 Sec. 631. Timetable.
The timetable with respect to the congressional budget
process for any fiscal year is as follows:
------------------------------------------------------------------------
On or before: Action to be completed:
------------------------------------------------------------------------
First Monday in February............. President submits his budget.
February 15.......................... Congressional Budget Office
submits report to Budget
Committees.
Not later than 6 weeks after Committees submit views and
President submits budget. estimates to Budget Committees.
April 1.............................. Senate Budget Committee reports
concurrent resolution on the
budget.
April 15............................. Congress completes action on
concurrent resolution on the
budget.
May 15............................... Annual appropriation bills may be
considered in the House.
June 10.............................. House Appropriations Committee
reports last annual
appropriation bill.
June 15.............................. Congress completes action on
reconciliation legislation.
June 30.............................. House completes action on annual
appropriation bills.
[[Page 489]]
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.)
634 Sec. 632. Annual adoption of concurrent resolution on the
budget.
(a) Content of concurrent resolution on the budget
On or before April 15 of each year, the Congress shall
complete action on a concurrent resolution on the budget for
the fiscal year beginning on October 1 of such year. The
concurrent resolution shall set forth appropriate levels for
the fiscal year beginning on October 1 of such year and for
at least each of the 4 ensuing fiscal years for the
following--
(1) totals of new budget authority and
outlays;
(2) total Federal revenues and the amount,
if any, by which the aggregate level of Federal
revenues should be increased or decreased by
bills and resolutions to be reported by the
appropriate committees;
(3) the surplus or deficit in the budget;
(4) new budget authority and outlays for
each major functional category, based on
allocations of the total levels set forth
pursuant to paragraph (1);
(5) the public debt;
(6) For\1\ purposes of Senate enforcement
under this subchapter, outlays of the old-age,
survivors, and disability insurance program
established under Title II of the Social
Security Act [42 U.S.C. 401 et seq.] for the
fiscal year of the resolution and for each of
the 4 succeeding fiscal years; and
\1\So in original. Probably should be ``for''.
(7) For\2\ purposes of Senate enforcement
under this subchapter, revenues of the old-age,
survivors, and disability insurance program
established under Title II of the Social
Security Act (and the related provisions of
Title 26) for the fiscal year of the resolution
and for each of the 4 succeeding fiscal years.
\2\So in original. Probably should be ``for''.
The concurrent resolution shall not include the outlays and
revenue totals of the old age, survivors, and disability
insurance program established under Title II of the Social
Security Act [42 U.S.C. 401 et seq.] or the related
provisions of Title 26 in the surplus or deficit totals
required by this subsection or in any other surplus or
deficit totals required by this subchapter.
(b) Additional matters in concurrent resolution
The concurrent resolution on the budget may--
(1) set forth, if required by subsection (f)
of this section, the calendar year in which, in
the opinion of the Congress, the goals for
reducing unemployment set forth in section 4(b)
of the Employment Act of 1946 [15 U.S.C.
1022a(b)] should be achieved;
(2) include reconciliation directives
described in section 641 of this title;
[[Page 490]]
(3) require a procedure under which all or
certain bills or resolutions providing new
budget authority or new entitlement authority
for such fiscal year shall not be enrolled until
the Congress has completed action on any
reconciliation bill or reconciliation resolution
or both required by such concurrent resolution
to be reported in accordance with section 641(b)
of this title;
(4) set forth such other matters, and
require such other procedures, relating to the
budget, as may be appropriate to carry out the
purposes of this Act;
(5) include a heading entitled ``Debt
Increase as Measure of Deficit'' in which the
concurrent resolution shall set forth the
amounts by which the debt subject to limit (in
section 3101 of Title 31) has increased or would
increase in each of the relevant fiscal years;
(6) include a heading entitled ``Display of
Federal Retirement Trust Fund Balances'' in
which the concurrent resolution shall set forth
the balances of the Federal retirement trust
funds.
(7) set forth procedures in the Senate
whereby committee allocations, aggregates, and
other levels can be revised for legislation if
that legislation would not increase the deficit,
or would not increase the deficit when taken
with other legislation enacted after the
adoption of the resolution, for the first fiscal
year or the total period of fiscal years covered
by the resolution;
(8) set forth procedures to effectuate pay-
as-you-go in the House of Representatives; and
(9) set forth direct loan obligation and
primary loan guarantee commitment levels.
(c) Consideration of procedures or matters which have effect
of changing any rule of House
If the Committee on the Budget of the House of
Representatives reports any concurrent resolution on the
budget which includes any procedure or matter which has the
effect of changing any rule of the House of Representatives,
such concurrent resolution shall then be referred to the
Committee on Rules with instructions to report it within
five calendar days (not counting any day on which the House
is not in session). The Committee on Rules shall have
jurisdiction to report any concurrent resolution referred to
it under this paragraph with an amendment or amendments
changing or striking out any such procedure or matter.
(d) Views and estimates of other committees
Within 6 weeks after the President submits a budget
under section 1105(a) of Title 31, or at such time as may be
requested by the Committee on the Budget, each committee of
the House of Representatives having legislative jurisdiction
shall submit to the Committee on the Budget of the House and
each committee of the Senate having legislative jurisdiction
shall submit to the Committee on the Budget of the Senate
its views and estimates (as determined by the committee
making such submission) with respect to all matters set
forth in subsections (a) and (b) of this section which
relate to matters within the jurisdiction or functions of
such committee. The Joint Economic Committee shall submit to
the Committees on the Budget of both Houses its
recommendations as to the fiscal policy appropriate to the
goals of the Employment Act of 1946 [15 U.S.C. 1021 et
seq.]. Any other committee of the House
[[Page 491]]
of Representatives or the Senate may submit to the Committee
on the Budget of its House, and any joint committee of the
Congress may submit to the Committees on the Budget of both
Houses, its views and estimates with respect to all matters
set forth in subsections (a) and (b) of this section which
relate to matters within its jurisdiction or functions. Any
Committee of the House of Representatives or the Senate that
anticipates that the committee will consider any proposed
legislation establishing, amending, or reauthorizing any
Federal program likely to have a significant budgetary
impact on any State, local, or tribal government, or likely
to have a significant financial impact on the private
sector, including any legislative proposal submitted by the
executive branch likely to have such a budgetary or
financial impact, shall include its views and estimates on
that proposal to the Committee on the Budget of the
applicable House.
(e) Hearings and report
(1) In general
In developing the concurrent resolution on
the budget referred to in subsection (a) of this
section for each fiscal year, the Committee on
the Budget of each House shall hold hearings and
shall receive testimony from Members of Congress
and such appropriate representatives of Federal
departments and agencies, the general public,
and national organizations as the committee
deems desirable. Each of the recommendations as
to short-term and medium-term goals set forth in
the report submitted by the members of the Joint
Economic Committee under subsection (d) of this
section may be considered by the Committee on
the Budget of each House as part of its
consideration of such concurrent resolution, and
its report may reflect its views thereon,
including its views on how the estimates of
revenues and levels of budget authority and
outlays set forth in such concurrent resolution
are designed to achieve any goals it is
recommending.
(2) Required contents of report
The report accompanying the resolution shall include--
(A) a comparison of the levels of total new
budget authority, total outlays, total revenues,
and the surplus or deficit for each fiscal year
set forth in the resolution with those requested
in the budget submitted by the President;
(B) with respect to each major functional
category, an estimate of total new budget
authority and total outlays, with the estimates
divided between discretionary and mandatory
amounts;
(C) the economic assumptions that underlie
each of the matters set forth in the resolution
and any alternative economic assumptions and
objectives the committee considered;
(D) information, data, and comparisons
indicating the manner in which, and the basis on
which, the committee determined each of the
matters set forth in the resolution;
(E) the estimated levels of tax expenditures
(the tax expenditures budget) by major items and
functional categories for the President's budget
and in the resolution; and
(F) allocations described in section 633(a)
of this title.
(3) Additional contents of report
The report accompanying the resolution may
include--
[[Page 492]]
(A) a statement of any significant changes
in the proposed levels of Federal assistance to
State and local governments;
(B) an allocation of the level of Federal
revenues recommended in the resolution among the
major sources of such revenues;
(C) information, data, and comparisons on
the share of total Federal budget outlays and of
gross domestic product devoted to investment in
the budget submitted by the President and in the
resolution;
(D) the assumed levels of budget authority
and outlays for public buildings, with a
division between amounts for construction and
repair and for rental payments; and
(E) other matters, relating to the budget
and to fiscal policy, that the committee deems
appropriate.
(f) Achievement of goals for reducing unemployment
(1) If, pursuant to section 4(c) of the Employment Act
of 1946 [15 U.S.C. 1022a(c)], the President recommends in
the Economic Report that the goals for reducing unemployment
set forth in section 4(b) of such Act [15 U.S.C. 1022a(b)]
be achieved in a year after the close of the five-year
period prescribed by such subsection, the concurrent
resolution on the budget for the fiscal year beginning after
the date on which such Economic Report is received by the
Congress may set forth the year in which, in the opinion of
the Congress, such goals can be achieved.
(2) After the Congress has expressed its opinion
pursuant to paragraph (1) as to the year in which the goals
for reducing unemployment set forth in section 4(b) of the
Employment Act of 1946 [15 U.S.C. 1022a(b)] can be achieved,
if, pursuant to section 4(e) of such Act [15 U.S.C.
1022a(e)], the President recommends in the Economic Report
that such goals be achieved in a year which is different
from the year in which the Congress has expressed its
opinion that such goals should be achieved, either in its
action pursuant to paragraph (1) or in its most recent
action pursuant to this paragraph, the concurrent resolution
on the budget for the fiscal year beginning after the date
on which such Economic Report is received by the Congress
may set forth the year in which, in the opinion of the
Congress, such goals can be achieved.
(3) It shall be in order to amend the provision of such
resolution setting forth such year only if the amendment
thereto also proposes to alter the estimates, amounts, and
levels (as described in subsection (a) of this section) set
forth in such resolution in germane fashion in order to be
consistent with the economic goals (as described in sections
3(a)(2) and 4(b) of the Employment Act of 1946 [15 U.S.C.
1022(a)(2), 1022a(b)]) which such amendment proposes can be
achieved by the year specified in such amendment.
(g) Economic assumptions
(1) It shall not be in order in the Senate to consider
any concurrent resolution on the budget for a fiscal year,
or any amendment thereto, or any conference report thereon,
that sets forth amounts and levels that are determined on
the basis of more than one set of economic and technical
assumptions.
(2) The joint explanatory statement accompanying a
conference report on a concurrent resolution on the budget
shall set forth the common economic assumptions upon which
such joint statement and conference report are based, or
upon which any amendment contained in the joint
[[Page 493]]
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.)
635 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
[[Page 494]]
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
[[Page 495]]
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
[[Page 496]]
(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.)
[[Page 497]]
636 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.)
[[Page 498]]
637 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.)
638 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
[[Page 499]]
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
[[Page 500]]
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.
[[Page 501]]
(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.)
639 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.)
640 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.)
641 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--
[[Page 502]]
(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.
[[Page 503]]
(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.)
642 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.)
643 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
[[Page 504]]
(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
[[Page 505]]
(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
[[Page 506]]
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.)
[[Page 507]]
644 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
[[Page 508]]
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.)
645 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;
[[Page 509]]
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.)
646 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);
[[Page 510]]
(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
[[Page 511]]
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.)
647 Sec. 645. Adjustments.
(a) Adjustments
(1) In general
[[Page 512]]
After the reporting of a bill or joint
resolution, the offering of an amendment
thereto, or the submission of a conference
report thereon, the chairman of the Committee on
the Budget of the House of Representatives or
the Senate shall make the adjustments set forth
in paragraph (2) for the amount of new budget
authority in that measure (if that measure meets
the requirements set forth in subsection (b) of
this section) and the outlays flowing from that
budget authority.
(2) Matters to be adjusted
The adjustments referred to in paragraph (1)
are to be made to--
(A) the discretionary spending limits,
if any, set forth in the appropriate
concurrent resolution on the budget;
(B) the allocations made pursuant to the
appropriate concurrent resolution on the
budget pursuant to section 633(a) of this
title; and
(C) the budgetary aggregates as set
forth in the appropriate concurrent
resolution on the budget.
(b) Amounts of adjustments
The adjustment referred to in subsection (a) of this
section shall be--
(1) an amount provided and designated as an
emergency requirement pursuant to section
901(b)(2)(A) or 902(e) of this title;
(2) an amount provided for continuing
disability reviews subject to the limitations in
section 901(b)(2)(C) of this title;
(3) for any fiscal year through 2002, an
amount provided that is the dollar equivalent of
the Special Drawing Rights with respect to--
(A) an increase in the United States
quota as part of the International Monetary
Fund Eleventh General Review of Quotas
(United States Quota); or
(B) any increase in the maximum amount
available to the Secretary of the Treasury
pursuant to section 17 of the Bretton Woods
Agreements Act, as amended from time to time
(New Arrangements to Borrow);
(4) an amount provided not to exceed
$1,884,000,000 for the period of fiscal years
1998 through 2000 for arrearages for
international organizations, international
peacekeeping, and multilateral development
banks;
(5) an amount provided for an earned income
tax credit compliance initiative but not to
exceed--
(A) with respect to fiscal year 1998,
$138,000,000 in new budget authority;
(B) with respect to fiscal year 1999,
$143,000,000 in new budget authority;
(C) with respect to fiscal year 2000,
$144,000,000 in new budget authority;
(D) with respect to fiscal year 2001,
$145,000,000 in new budget authority; and
(E) with respect to fiscal year 2002,
$146,000,000 in new budget authority; or
(6) in the case of an amount for adoption
incentive payments (as defined in section
901(b)(2)(G) of this title) for fiscal year
1999,
[[Page 513]]
2000, 2001, 2002, or 2003 for the Department of
Health and Human Services, an amount not to
exceed $20,000,000.
(c) Application of adjustments
The adjustments made pursuant to subsection (a) of this
section for legislation shall--
(1) apply while that legislation is under
consideration;
(2) take effect upon the enactment of that
legislation; and
(3) be published in the Congressional Record
as soon as practicable.
(d) Reporting revised suballocations
Following any adjustment made under subsection (a) of
this section, the Committees on Appropriations of the Senate
and the House of Representatives may report appropriately
revised suballocations under section 633(b) of this title to
carry out this section.
(e) Definitions for CDRs
As used in subsection (b)(2) of this section--
(1) the term ``continuing disability
reviews'' shall have the same meaning as
provided in section 901(b)(2)(C)(ii) of this
title; and
(2) the term ``new budget authority'' shall
have the same meaning as the term ``additional
new budget authority'' and the term ``out lays''
shall have the same meaning as ``additional
outlays'' in that section. (Pub.L. 934-344,
Title III, Sec. 314, as added Pub.L. 105-33,
Title X, Sec. 10114(a), Aug. 5, 1997, 111 Stat.
688, and amended Pub.L. 105-89, Title II,
Sec. 201(b)(2), Nov. 19, 1997, 111 Stat. 2125.)
648 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
649 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
[[Page 514]]
(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 spe
[[Page 515]]
cifically 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.)
650 Sec. 652. Repealed (Pub.L. 105-33, Title X, Sec. 10116(b),
Aug. 5, 1997, 111 Stat. 692).
651 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.)
652 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.)
653 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,
[[Page 516]]
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.)
654 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
655 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--
[[Page 517]]
(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
[[Page 518]]
(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
[[Page 519]]
(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.)
656 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
[[Page 520]]
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.)
657 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
[[Page 521]]
(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.)
658 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)
[[Page 522]]
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:
[[Page 523]]
(1) Contents
If the Director estimates that the
direct cost of an Federal private sector
mandates in the bill or joint resolution
will equal or exceed $100,000,000 (adjusted
annually for inflation) in the fiscal year
in which any Federal private sector mandate
in the bill or joint resolution (or in any
necessary implementing regulation) would
first be effective or in any of the 4 fiscal
years following such fiscal year, the
Director shall so state, specify the
estimate, and briefly explain the basis of
the estimate.
(2) Estimates
Estimates required under paragraph (1)
shall include estimates (and a brief
explanation of the basis of the estimates)
of--
(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.)
[[Page 524]]
659 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
[[Page 525]]
(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 dis
[[Page 526]]
agreement, 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.)
660 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.)
661 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.
[[Page 527]]
93-344, Title IV, Sec. 427, as added Pub.L. 104-4, Title I,
Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 59.)
662 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
663 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;
[[Page 528]]
(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.)
664 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;
[[Page 529]]
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.)
[[Page 530]]
665 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.)
666 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--
[[Page 531]]
(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.)
[[Page 532]]
667 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;
[[Page 533]]
(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.)
668 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
[[Page 534]]
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.)
669 Sec. 661f. Effect on other laws.
(a) Effect on other laws
This subchapter shall supersede, modify, or repeal any
provision of law enacted prior to November 5, 1990 to the
extent such provision is inconsistent with this subchapter.
Nothing in this subchapter shall be construed to establish a
credit limitation on any Federal loan or loan guarantee
program.
(b) Crediting of collections
Collections resulting from direct loans obligated or
loan guarantees committed prior to October 1, 1991, shall be
credited to the liquidating accounts of Federal agencies.
Amounts so credited shall be available, to the same extent
that they were available prior to November 5, 1990, to
liquidate obligations arising from such direct loans
obligated or loan guarantees committed prior to October 1,
1991, including repayment of any obligations held by the
Secretary of the Treasury or the Federal Financing Bank. The
unobligated balances of such accounts that are in excess of
current needs shall be transferred to the general fund of
the Treasury. Such transfers shall be made from time to time
but, at least once each year. (Pub.L. 93-344, Title V,
Sec. 507, as added Pub.L. 101-508, Title XIII,
Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-614.)
[[Page 535]]
Subchapter IV.--Budget Agreement Enforcement Provisions
670 Sec. 665. Repealed (Pub.L. 105-33, Title X, Sec. 10118(a),
Aug. 5, 1997, 111 Stat. 695).
671 Sec. 665a. Repealed (Pub.L. 105-33, Title X, Sec. 10118(a),
Aug. 5, 1997, 111 Stat. 695).
672 Sec. 665b. Repealed (Pub.L. 105-33, Title X, Sec. 10118(a),
Aug. 5, 1997, 111 Stat. 695).
673 Sec. 665c. Repealed (Pub.L. 105-33, Title X, Sec. 10118(a),
Aug. 5, 1997, 111 Stat. 695).
674 Sec. 665d. Repealed (Pub.L. 105-33, Title X, Sec. 10118(a),
Aug. 5, 1997, 111 Stat. 695).
675 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
676 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 limitationsof 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
677 Sec. 682. Definitions.
For purposes of sections 682 to 688 of this title--
(1) ``deferral of budget authority''
includes--
(A) withholding or delaying the
obligation or expenditure of budget
authority (whether by establishing reserves
or otherwise) provided for projects or
activities; or
(B) any other type of Executive action
or inaction which effectively precludes the
obligation or expenditure of budget
authority, including authority to obligate
by contract in advance of appropriations as
specifically authorized by law;
(2) ``Comptroller General'' means the
Comptroller General of the United States;
(3) ``rescission bill'' means a bill or
joint resolution which only rescinds, in whole
or in part, budget authority proposed to be
rescinded in a special message transmitted by
the President under
[[Page 536]]
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.)
678 Sec. 683. Rescission of budget authority.
(a) Transmittal of special message
Whenever the President determines that all or part of
any budget authority will not be required to carry out the
full objectives or scope of programs for which it is
provided or that such budget authority should be rescinded
for fiscal policy or other reasons (including the
termination of authorized projects or activities for which
budget authority has been provided), or whenever all or part
of budget authority provided for only one fiscal year is to
be reserved from obligation for such fiscal year, the
President shall transmit to both Houses of Congress a
special message specifying--
(1) the amount of budget authority which he
proposes to be rescinded or which is to be so
reserved;
(2) any account, department, or
establishment of the Government to which such
budget authority is available for obligation,
and the specific project or governmental
functions involved;
(3) the reasons why the budget authority
should be rescinded or is to be so reserved;
(4) to the maximum extent practicable, the
estimated fiscal, economic, and budgetary effect
of the proposed rescission or of the
reservation; and
(5) all facts, circumstances, and
considerations relating to or bearing upon the
proposed rescission or the reservation and the
decision to effect the proposed rescission or
the reservation, and to the maximum extent
practicable, the estimated effect of the
proposed rescis
[[Page 537]]
sion or the reservation upon the objects,
purposes, and programs for which the budget
authority is provided.
(b) Requirement to make available for obligation
Any amount of budget authority proposed to be rescinded
or that is to be reserved as set forth in such special
message shall be made available for obligation unless,
within the prescribed 45-day period, the Congress has
completed action on a rescission bill rescinding all or part
of the amount proposed to be rescinded or that is to be
reserved. Funds made available for obligation under this
procedure may not be proposed for rescission again.
(Pub.L. 93-344, Title X, Sec. 1012, July 12, 1974, 88 Stat.
333; Pub.L. 100-119, Title II, Sec. 207, Sept. 29, 1987, 101
Stat. 786.)
679 Sec. 684. Proposed deferrals of budget authority.
(a) Transmittal of special message
Whenever the President, the Director of the Office of
Management and Budget, the head of any department or agency
of the United States, or any officer or employee of the
United States proposes to defer any budget authority
provided for a specific purpose or project, the President
shall transmit to the House of Representatives and the
Senate a special message specifying--
(1) the amount of the budget authority
proposed to be deferred;
(2) any account, department, or
establishment of the Government to which such
budget authority is available for obligation,
and the specific projects or governmental
functions involved;
(3) the period of time during which the
budget authority is proposed to be deferred;
(4) the reasons for the proposed deferral,
including any legal authority invoked to justify
the proposed deferral;
(5) to the maximum extent practicable, the
estimated fiscal, economic, and budgetary effect
of the proposed deferral; and
(6) all facts, circumstances, and
considerations relating to or bearing upon the
proposed deferral and the decision to effect the
proposed deferral, including an analysis of such
facts, circumstances, and considerations in
terms of their application to any legal
authority, including specific elements of legal
authority, invoked to justify such proposed
deferral, and to the maximum extent practicable,
the estimated effect of the proposed deferral
upon the objects, purposes, and programs for
which the budget authority is provided.
A special message may include one or more proposed
deferrals of budget authority. A deferral may not be
proposed for any period of time extending beyond the end of
the fiscal year in which the special message proposing the
deferral is transmitted to the House and the Senate.
(b) Consistency with legislative policy
Deferrals shall be permissible only--
(1) to provide for contingencies;
(2) to achieve savings made possible by or
through changes in requirements or greater
efficiency of operations; or
(3) as specifically provided by law.
No officer or employee of the United States may defer
any budget authority for any other purpose.
[[Page 538]]
(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.)
680 Sec. 685. Transmission of messages; publication.
(a) Delivery to House and Senate
Each special message transmitted under section 683 or
684 of this title shall be transmitted to the House of
Representatives and the Senate on the same day, and shall be
delivered to the Clerk of the House of Representatives if
the House is not in session, and to the Secretary of the
Senate if the Senate is not in session. Each special message
so transmitted shall be referred to the appropriate
committee of the House of Representatives and the Senate.
Each such message shall be printed as a document of each
House.
(b) Delivery to Comptroller General
A copy of each special message transmitted under section
683 or 684 of this title, shall be transmitted to the
Comptroller General on the same day it is transmitted to the
House of Representatives and the Senate. In order to assist
the Congress in the exercise of its functions under section
683 or 684 of this title, the Comptroller General shall
review each such message and inform the House of
Representatives and the Senate as promptly as practicable
with respect to--
(1) in the case of a special message
transmitted under section 683 of this title, the
facts surrounding the proposed rescission or the
reservation of budget authority (including the
probable effects thereof); and
(2) in the case of a special message
transmitted under section 684 of this title, (A)
the facts surrounding each proposed deferral of
budget authority (including the probable effects
thereof) and (B) whether or not (or to what
extent), in his judgment, such proposed deferral
is in accordance with existing statutory
authority.
(c) Transmission of supplementary messages
If any information contained in a special message
transmitted under section 683 or 684 of this title is
subsequently revised, the President shall transmit to both
Houses of Congress and the Comptroller General a
supplementary message stating and explaining such revision.
Any such supplementary message shall be delivered, referred,
and printed as provided in subsection (a) of this section.
The Comptroller General shall promptly notify the House of
Representatives and the Senate of any changes in the
information submitted by him under subsection (b) of this
section which may be necessitated by such revision.
(d) Printing in Federal Register
Any special message transmitted under section 683 or 684
of this title, and any supplementary message transmitted
under subsection (c) of this section, shall be printed in
the first issue of the Federal Register published after such
transmittal.
[[Page 539]]
(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.)
681 Sec. 686. Reports by Comptroller General.
(a) Failure to transmit special message
If the Comptroller General finds that the President, the
Director of the Office of Management and Budget, the head of
any department or agency of the United States, or any other
officer or employee of the United States--
(1) is to establish a reserve or proposes to
defer budget authority with respect to which the
President is required to transmit a special
message under section 683 or 684 of this title;
or
(2) has ordered, permitted, or approved the
establishment of such a reserve or a deferral of
budget authority;
and that the President has failed to transmit a special
message with respect to such reserve or deferral, the
Comptroller General shall make a report on such reserve or
deferral and any available information concerning it to both
Houses of Congress. The provisions of sections 682 to 688 of
this title shall apply with respect to such reserve or
deferral in the same manner and with the same effect as if
such report of the Comptroller General were a special
message transmitted by the President under section 683 or
684 of this title, and, for purposes of sections 682 to 688
of this title, such report shall be considered a special
message transmitted under section 683 or 684 of this title.
(b) Incorrect classification of special message
If the President has transmitted a special message to
both Houses of Congress in accordance with section 683 or
684 of this title, and the Comptroller General believes that
the President so transmitted the special message in
accordance with one of those sections when the special
message should have been transmitted in accordance with the
other of those sections, the Comptroller General shall make
a report to both Houses of the Congress setting forth his
reasons. (Pub.L. 93-344, Title X, Sec. 1015, July 12, 1974,
88 Stat. 336.)
[[Page 540]]
682 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.)
683 Sec. 688. Procedure in House of Representatives and Senate.
(a) Referral
Any rescission bill introduced with respect to a special
message or impoundment resolution introduced with respect to
a proposed deferral of budget authority shall be referred to
the appropriate committee of the House of Representatives or
the Senate, as the case may be.
(b) Discharge of committee
(1) If the committee to which a rescission bill or
impoundment resolution has been referred has not reported it
at the end of 25 calendar days of continuous session of the
Congress after its introduction, it is in order to move
either to discharge the committee from further consideration
of the bill or resolution or to discharge the committee from
further consideration of any other rescission bill with
respect to the same special message or impoundment
resolution with respect to the same proposed deferral, as
the case may be, which has been referred to the committee.
(2) A motion to discharge may be made only by an
individual favoring the bill or resolution, may be made only
if supported by one-fifth of the Members of the House
involved (a quorum being present), and is highly privileged
in the House and privileged in the Senate (except that it
may not be made after the committee has reported a bill or
resolution with respect to the same special message or the
same proposed deferral, as the case may be); and debate
thereon shall be limited to not more than 1 hour, the time
to be divided in the House equally between those favoring
and those opposing the bill or resolution, and to be divided
in the Senate equally between, and controlled by, the
majority leader and the minority leader or their designees.
An amendment to the motion is not in order, and it is not in
order to move to reconsider the vote by which the motion is
agreed to or disagreed to.
[[Page 541]]
(c) Floor consideration in the House
(1) When the committee of the House of Representatives
has reported, or has been discharged from further
consideration of, a rescission bill or impoundment
resolution, it shall at any time thereafter be in order
(even though a previous motion to the same effect has been
disagreed to) to move to proceed to the consideration of the
bill or resolution. The motion shall be highly privileged
and not debatable. An amendment to the motion shall not be
in order, nor shall it be in order to move to reconsider the
vote by which the motion is agreed to or disagreed to.
(2) Debate on a rescission bill or impoundment
resolution shall be limited to not more than 2 hours, which
shall be divided equally between those favoring and those
opposing the bill or resolution. A motion further to limit
debate shall not be debatable. In the case of an impoundment
resolution, no amendment to, or motion to recommit, the
resolution shall be in order. It shall not be in order to
move to reconsider the vote by which a rescission bill or
impoundment resolution is agreed to or disagreed to.
(3) Motions to postpone, made with respect to the
consideration of a rescission bill or impoundment
resolution, and motions to proceed to the consideration of
other business, shall be decided without debate.
(4) All appeals from the decisions of the Chair relating
to the application of the Rules of the House of
Representatives to the procedure relating to any rescission
bill or impoundment resolution shall be decided without
debate.
(5) Except to the extent specifically provided in the
preceding provisions of this subsection, consideration of
any rescission bill or impoundment resolution and amendments
thereto (or any conference report thereon) shall be governed
by the Rules of the House of Representatives applicable to
other bills and resolutions, amendments, and conference
reports in similar circumstances.
(d) Floor consideration in the Senate
(1) Debate in the Senate on any rescission bill or
impoundment resolution, and all amendments thereto (in the
case of a rescission bill) and debatable motions and appeals
in connection therewith, shall be limited to not more than
10 hours. The time shall be equally divided between, and
controlled by, the majority leader and the minority leader
or their designees.
(2) Debate in the Senate on any amendment to a
rescission bill shall be limited to 2 hours, to be equally
divided between, and controlled by, the mover and the
manager of the bill. Debate on any amendment to an
amendment, to such a bill, and debate on any debatable
motion or appeal in connection with such a bill or an
impoundment resolution shall be limited to 1 hour, to be
equally divided between, and controlled by, the mover and
the manager of the bill or resolution, except that in the
event the manager of the bill or resolution is in favor of
any such amendment, motion, or appeal, the time in
opposition thereto, shall be controlled by the minority
leader or his designee. No amendment that is not germane to
the provisions of a rescission bill shall be received. Such
leaders, or either of them, may, from the time under their
control on the passage of a rescission bill or impoundment
resolution, allot
[[Page 542]]
additional time to any Senator during the consideration of
any amendment, debatable motion, or appeal.
(3) A motion to further limit debate is not debatable.
In the case of a rescission bill, a motion to recommit
(except a motion to recommit with instructions to report
back within a specified number of days, not to exceed 3, not
counting any day on which the Senate is not in session) is
not in order. Debate on any such motion to recommit shall be
limited to one hour, to be equally divided between, and
controlled by, the mover and the manager of the concurrent
resolution. In the case of an impoundment resolution, no
amendment or motion to recommit is in order.
(4) The conference report on any rescission bill shall
be in order in the Senate at any time after the third day
(excluding Saturdays, Sundays, and legal holidays) following
the day on which such a conference report is reported and is
available to Members of the Senate. A motion to proceed to
the consideration of the conference report may be made even
though a previous motion to the same effect has been
disagreed to.
(5) During the consideration in the Senate of the
conference report on any rescission bill, debate shall be
limited to 2 hours to be equally divided between, and
controlled by, the majority leader and minority leader or
their designees. Debate on any debatable motion or appeal
related to the conference report shall be limited to 30
minutes, to be equally divided between, and controlled by,
the mover and the manager of the conference report.
(6) Should the conference report be defeated, debate on
any request for a new conference and the appointment of
conferees shall be limited to one hour, to be equally
divided between, and controlled by, the manager of the
conference report and the minority leader or his designee,
and should any motion be made to instruct the conferees
before the conferees are named, debate on such motion shall
be limited to 30 minutes, to be equally divided between, and
controlled by, the mover and the manager of the conference
report. Debate on any amendment to any such instructions
shall be limited to 20 minutes, to be equally divided
between, and controlled by, the mover and the manager of the
conference report. In all cases when the manager of the
conference report is in favor of any motion, appeal, or
amendment, the time in opposition shall be under the control
of the minority leader or his designee.
(7) In any case in which there are amendments in
disagreement, time on each amendment shall be limited to 30
minutes, to be equally divided between, and controlled by,
the manager of the conference report and the minority leader
or his designee. No amendment that is not germane to the
provisions of such amendments shall be received. (Pub.L. 93-
344, Title X, Sec. 1017, July 12, 1974, 88 Stat. 337.)
NOTE
Exercise of rulemaking powers.
(a) The provisions of this title and of Titles I, III,
IV, and V and the provisions of sections 701, 703, and 1017
are enacted by the Congress--
(1) as an exercise of the rulemaking power
of the House of Representatives and the Senate,
respectively, and as such they shall
[[Page 543]]
be considered as part of the rules of each
House, respectively, or of that House to which
they specifically apply, and such rules shall
supersede other rules only to the extent that
they are inconsistent therewith; and
(2) with full recognition of the
constitutional right of either House to change
such rules (so far as relating to such House) at
any time, in the same manner, and to the same
extent as in the case of any other rule of such
House.
(b) Any provision of Title III or IV may be waived or
suspended in the Senate by a majority vote of the Members
voting, a quorum being present, or by the unanimous consent
of the Senate.
(c) Waivers.--
(1) Permanent.--Sections 305(b)(2),
305(c)(4), 306, 310(d)(2), 313, 904(c), and
904(d) of this Act may be waived or suspended in
the Senate only by the affirmative vote of
three-fifths of the Members, duly chosen and
sworn.
(2) Temporary.--Sections 301(i), 302(c),
302(f), 310(g), 311(a), 312(b), and 312(c) of
this Act and sections 258(a)(4)(C),
258A(b)(3)(C)(I)\1\, 258B(f)(1), 258B(h)(1),
258(h)(3)\2\, 258C(a)(5), and 258C(b)(1) of the
Balanced Budget and Emergency Deficit Control
Act of 1985 may be waived or suspended in the
Senate only by the affirmative vote of three-
fifths of the Members, duly chosen and sworn.
\1\So in law. Probably should read ``258A(b)(3)(C)(i)''.
\2\So in law. Probably should read ``258B(h)(3)''.
(d) Appeals.--
(1) Procedure.--Appeals in the Senate from
the decisions of the Chair relating to any
provision of Title III or IV or section 1017
shall, except as otherwise provided therein, be
limited to 1 hour, to be equally divided
between, and controlled by, the mover and the
manager of the resolution, concurrent
resolution, reconciliation bill, or rescission
bill, as the case may be.
(2) Permanent.--An affirmative vote of
three-fifths of the Members, duly chosen and
sworn, shall be required in the Senate to
sustain an appeal of the ruling of the Chair on
a point of order raised under sections
305(b)(2), 305(c)(4), 306, 310(d)(2), 313,
904(c), and 904(d) of this Act.
(3) Temporary.--An affirmative vote of
three-fifths of the Members, duly chosen and
sworn, shall be required in the Senate to
sustain an appeal of the ruling of the Chair on
a point of order raised under sections 301(i),
302(c), 302(f), 310(g), 311(a), 312(b), and
312(c) of this Act and sections 258(a)(4)(C),
258A(b)(3)(C)(I)\1\, 258B(f)(1), 258B(h)(1),
258(h)(3)\2\, 258C(a)(5), and 258C(b)(1) of the
Balanced Budget and Emergency Deficit Control
Act of 1985.
(e) Expiration of Certain Supermajority Voting
Requirements.--Subsections (c)(2) and (d)(3) shall expire on
September 30, 2002.
(2 U.S.C. 621 note.)
Referral of matters dealing with rescissions and deferrals.
On January 30, 1975, the Senate agreed to the following
resolution, which provides for the referral of matters
dealing with rescissions and deferrals:
[[Page 544]]
Resolved (1) That messages received pursuant to Title X
of the Congressional Budget and Impoundment Control Act 12
U.S.C. 681-2 U.S.C. 688] be referred concurrently to the
Appropriations Committee, to the Budget Committee, and to
any other appropriate authorizing committee.
(2) That bills, resolutions, and joint resolutions
introduced with respect to rescissions and deferrals shall
be referred to the Appropriations Committee, the Budget
Committee, and pending implementation of section 410 of the
Congressional Budget Impoundment Control act [should be
section 401, 2 U.S.C. 651] and subject to section 401(d) [2
U.S.C. 651(d)], to any other committee exercising
jurisdiction over contract and borrowing authority programs
as defined by section 401(c)(2) (A) and (B) [2 U.S.C.
651(c)(2) (A) and (B)]. The Budget Committee and such other
Committees shall report their views, if any, to the
Appropriations Committee within 20 days following referral
of such bills, resolutions, or joint resolutions. The Budget
Committee's consideration shall extend only to macroeconomic
implications, impact on priorities and aggregate spending
levels, and the legality of the President's use of the
deferral and rescisions mechanism under Title X. The
Appropriations and authorizing committees shall exercise
their normal responsibilities over programs and priorities.
(3) If any Committee to which a bill or resolution has
been referred recommends its passage, the Appropriations
Committee shall report that bill or resolution together with
its views and reports of the Budget and any appropriate
authorizing committees to the Senate within:
(A) the time remaining under the Act in the
case of recisions, or
(B) within 20 days in the case of deferrals.
(4) The 20 days period referred to herein means 20
calendar days; and for the purposes of computing the 20
days, recesses or adjournments of the Senate for more than 3
days to a day certain shall not be counted; and for recesses
and adjournments of more than 30 calendar days, continuous
duration or the sine die adjournment of a session, the 20
day period shall begin anew on the day following the
reconvening of the Senate. (S. Res. 45, 94-1, Jan 30, 1975,
121 Cong. Rec. 1917, amended by unanimous consent, Apr. 11,
1986, Cong. Rec., p. 4157, daily ed).
Joint referral of legislation affecting the budget process.
On August 4, 1977, the Senate agreed to an order
providing that legislation affecting the congressional
budget process be referred jointly to the Committee on the
Budget and the Committee on Governmental Affairs and that,
if one committee reports a jointly referred measure, the
other must act on the measure within 30 calendar days of
continuous possession or be automatically discharged from
further consideration of the measure:
Legislative proposals affecting the congressional budget
process to which this order applies are:
First. The functions, duties, and powers of the Budget
Committee--as described in Title I of the . . .
[Congressional Budget and Impoundment Control Act of 1974];
Second. The functions, duties, and powers of the
Congressional Budget Office--as described in Title II and IV
of the act [2 U.S.C. 601-603; 2 U.S.C. 651-653];
Third. The process by which Congress annually
establishes the appropriate levels of budget authority,
outlays, revenues, deficits or surpluses,
[[Page 545]]
and public debt--including subdivisions thereof. That
process includes the establishment of: mandatory ceilings on
spending and appropriations; a floor on revenues; timetables
for congressional action on concurrent resolutions, on the
reporting of authorization bills, and on the enactment of
appropriation bills; and enforcement mechanisms for the
limits and timetables, all as described in Title III and IV
of the act [2 U.S.C. 631-641; 2 U.S.C. 651-653].
Fourth. The limiting of backdoor spending devices--as
described in Title IV of the act [2 U.S.C. 651-653];
Fifth. The timetables for Presidential submission of
appropriations and authorization requests--as described in
Title VI of the act [repealed, with portions being codified
in sections 1105, 1109, and 1110 of Title 31, United States
Code];
Sixth. The definitions of what constitutes impoundment--
such as ``rescisions'' and ``deferrals,'' as provided in the
Impoundment Control Act, Title X [2 U.S.C. 681-688];
Seventh. The process and determination by which
impoundments must be reported to and considered by
Congress--as provided in the Impoundment Control Act, Title
X [2 U.S.C. 681-688];
Eighth. The mechanisms to insure Executive compliance
with the provisions of the Impoundment Control Act, Title X
[2 U.S.C. 681-688]--such as GAO review and lawsuits; and
Ninth. The provisions which affect the content or
determination of amounts included in or excluded from the
congressional budget or the calculation of such amounts,
including the definition of terms provided by the Budget
Act--as set forth in Title I thereof [2 U.S.C. 622]. (By
unanimous consent, Aug. 4, 1977; Cong. Rec., p. S13553,
daily ed.)
Constitutionality of Line Item Veto
The United States Supreme Court, in Clinton v. City of
New York, 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).
684 Sec. Sec. 691-692. Omitted.
Codification
Sections were omitted pursuant to section 5 of Pub.L.
104-130.
Effective and Termination Dates
Pub.L. 104-130, Sec. 5, Apr. 9, 1996, 110 Stat. 1212,
provided that: This Act [enacting this subchapter and
provisions set out as a note under section 681 of this title
and amending provisions set out as notes under section 621
of this title] and the amendments made by it shall take
effect and apply to measures enacted on the earlier of--
(1) the day after the enactment into law,
pursuant to Article I, section 7, of the
Constitution of the United States, of an Act
entitled ``An Act to provide for a seven-year plan
for deficit reduction and achieve a balanced Federal
budget.''; or
(2) January 1, 1997;
and shall have no force or effect on or after January 1,
2005.''
[[Page 546]]
Chapter 19.--CONGRESSIONAL AWARD PROGRAM
Subchapter I.--Congressional Award Program
685 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.)
686 Sec. 802. Program.
(a) Establishment, functions, and purposes; nature of awards
The Board shall establish and administer a program to be
known as the Congressional Award Program, which shall be
designed to promote initiative, achievement, and excellence
among youths in the areas of public service, personal
development, and physical and expedition fitness. Under the
program medals shall be awarded to young people within the
United States, aged fourteen through twenty-three (subject
to such exceptions as the Board may prescribe), who have
satisfied the standards of achievement established by the
Board under subsection (b) of this section. Each medal shall
consist of gold-plate over bronze, rhodium over bronze, or
bronze and shall be struck in accordance with subsection (f)
of this section.
(b) Implementation requirements for Board
In carrying out the Congressional Award Program, the
Board shall--
(1) establish the standards of achievement
required for young people to qualify as
recipients of the medals and establish such
procedures as may be required to verify that
individuals satisfy such qualifications;
(2) designate the recipients of the medals
in accordance with the standards established
under paragraph (1) of this subsection;
(3) delineate such roles as the Board
considers to be appropriate for the Director and
Regional Directors in administering the
Congressional Award, and set forth in the bylaws
of the Board the duties, salaries, and benefits
of the Director and Regional Directors;
(4) raise funds for the operation of the
program; and
(5) take such other actions as may be
appropriate for the administration of the
Congressional Award Program.
No salary established by the Board under paragraph (3)
shall exceed $75,000 per annum, except that for calendar
years after 1986, such limit shall be increased in
proportion to increases in the Consumer Price Index.
(c) Presentation of awards
The Board shall arrange for the presentation of the
awards to the recipients and shall provide for participation
by Members of Congress in such presentation, when
appropriate. To the extent possible, recipients
[[Page 547]]
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.)
687 Sec. 803. Board organization.
(a) Membership; composition; appointment criteria;
derivation of appointment
(1) The Board shall consist of 25 members, as follows:
(A) Six members appointed by the majority
leader of the Senate, 1 of whom shall be a
recipient of the Congressional Award.
(B) Six members appointed by the minority
leader of the Senate, 1 of whom shall be a local
Congressional Award program volunteer.
(C) Six members appointed by the Speaker of
the House of Representatives, 1 of whom shall be
a local Congressional Award program volunteer.
(D) Six members appointed by the minority
leader of the House of Representatives, 1 of
whom shall be a recipient of the Congressional
Award.
(E) The Director of the Board, who shall
serve as a nonvoting member.
(2) In making appointments to the Board, the
congressional leadership shall consider recommendations
submitted by any interested party, including any member of
the Board. One of the members appointed under each of
subparagraphs (A) through (D) of paragraph (1) shall be a
member of the Congress.
[[Page 548]]
(3) Individuals appointed to the Board shall have an
interest in one or more of the fields of concern of the
Congressional Award Program.
(4) For the purpose of determining the derivation of the
appointment of any person appointed to the Board under this
section, if there is a change in the status of majority and
minority between the parties of the House or the Senate,
each person appointed under this section shall be deemed to
have been appointed by the leadership position set out in
subsection (a)(1) of this section of the party of the
individual who made the initial appointment of such person.
(b) Terms of appointed members; reappointment
(1) Appointed members of the Board shall continue to
serve at the pleasure of the officer by whom they are
appointed, and (unless reappointed under paragraph (3))
shall serve for a term of 4 years.
(2) For the purpose of adjusting the terms of Board
members to allow for staggered appointments, the following
distribution of Board terms shall take effect at the first
meeting of the Board occurring after November 6, 1990:
(A) Those members who have served 10 years
or more, as of the date of such meeting, shall
have an appointment expiring on a date 2 years
from October 1, 1990.
(B) Those members who have served for 6
months or less, as of the date of such meeting,
shall have an appointment expiring on a date 6
years from October 11, 1990.
(C) All other members shall apportion the
remaining Board positions between equal numbers
of 2 and 4 year terms (providing that if there
are an unequal number of remaining members,
there shall be a predominance of 4 year terms),
such apportionment to be made by lot.
(3)(A) Subject to the limitations in subparagraphs (B)
and (C) of this paragraph, members of the Board may be
reappointed, provided that no member may serve more than 2
consecutive terms.
(B) Members of the Board covered under paragraph (2)(A)
of this subsection shall not be eligible for reappointment
to the Board. Members of the Board covered under
subparagraphs (B) and (C) of paragraph (2) of this
subsection may be reappointed for 1 additional consecutive 4
year term.
(C) Members of the Board who serve as chairman of the
Board shall not have the time during which they serve as
chairman used in the computation of their period of service
for purposes of this paragraph and paragraph (2).
(c) Vacancies in membership
(1) Any vacancy in the Board shall be filled in the same
manner in which the original appointment was made.
(2) Any appointed member of the Board may continue to
serve after the expiration of his term until his successor
has taken office.
(3) Vacancies in the membership of the Board shall not
affect its power to function if there remain sufficient
members to constitute a quorum under subsection (d) of this
section.
(d) Notice; quorum
(1) A meeting of the Board may be convened only if--
[[Page 549]]
(A) notice of the meeting was provided to
each member in accordance with the bylaws; and
(B) not less than 11 members are present for
the meeting at the time given in the notice.
(2) A majority of the members present when a meeting is
convened shall constitute a quorum for the remainder of the
meeting.
(e) Compensation for travel expenses of members
Members of the Board shall serve without pay but may be
compensated for reasonable travel expenses incurred by them
in the performance of their duties as members of the Board.
(f) Meetings
The Board shall meet at least twice a year at the call
of the Chairman (with at least one meeting in the District
of Columbia) and at such other times as the Chairman may
determine to be appropriate. The Chairman shall call a
meeting of the Board whenever one-third of the members of
the Board submit written requests for such a meeting.
(g) Chairman and Vice Chairman
The Chairman and the Vice Chairman of the Board shall be
elected from among the members of the Board by a majority
vote of the Board for such terms as the Board determines.
The Vice Chairman shall perform the duties of the Chairman
in his absence.
(h) Appointment, functions, etc., of committees; membership
(1) The Board may appoint such committees, and assign to
the committees such functions, as may be appropriate to
assist the Board in carrying out its duties under this
chapter. Members of such committees may include the members
of the Board or such other qualified individuals as the
Board may select.
(2) Any employee or officer of the Federal Government
may serve as a member of a committee created by the Board,
but may not receive compensation for services performed for
such a committee.
(i) Bylaws and regulations; contents; transmittal to
Congress
The Board shall establish such bylaws and other
regulations as may be appropriate to enable the Board to
carry out its functions under this chapter. Such bylaws and
other regulations shall include provisions to prevent any
conflict of interest, or the appearance of any conflict of
interest, in the procurement and employment actions taken by
the Board or by any officer or employee of the Board. Such
bylaws shall include appropriate fiscal control, funds
accountability, and operating principles to ensure
compliance with the provisions of section 806 of this title.
A copy of such bylaws shall be transmitted to each House of
Congress not later than 90 days after November 25, 1985, and
not later than 10 days after any subsequent amendment or
revision of such bylaws.
(j) Removal from Board
Any member of the Board who fails to attend 4
consecutive Board meetings scheduled pursuant to the bylaws
of the Board and for which proper notice has been given
under such bylaws, or to send a designee of such member
(approved in advance by the Board under provisions of its
bylaws), is, by operation of this subsection, removed, for
cause,
[[Page 550]]
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.)
688 Sec. 804. Administration.
(a) Director; status; appointment and term; removal
In the administration of the Congressional Award
Program, the Board shall be assisted by a Director, who
shall be the principal executive of the program and who
shall supervise the affairs of the Board. The Director shall
be appointed by a majority vote of the Board, and shall
serve for such term as the Board may determine. The Director
may be removed by a majority vote of the Board.
(b) Functions of Director
The Director shall, in consultation with the Board--
(1) formulate programs to carry out the
policies of the Congressional Award Program;
(2) establish such divisions within the
Congressional Award Program as may be
appropriate; and
(3) employ and provide for the compensation
of such personnel as may be necessary to carry
out the Congressional Award Program, subject to
such policies as the Board shall prescribe under
its bylaws.
(c) Requirements regarding financial operations;
noncompliance with requirements
(1) The Director shall, in consultation with the Board,
ensure that appropriate procedures for fiscal control and
fund accounting are established for the financial operations
of the Congressional Award Program, and that such operations
are administered by personnel with expertise in accounting
and financial management. Such personnel may be retained
under contract. In carrying out this paragraph, the Director
shall ensure that the liabilities of the Board do not, for
any calendar year, exceed the assets of the Board.
(2)(A) The Comptroller General of the United States
shall determine, for calendar years 1993, 1994, 1995, 1996,
1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
2007, 2008, and 2009, whether the Director has substantially
complied with paragraph (1). The findings made by the
Comptroller General under the preceding sentence shall be
included in the first report submitted under section 807(b)
of this title after December 31, 1994.
(B) If the Director fails to substantially comply with
paragraph (1), the Board shall take such actions as may be
necessary to prepare, pursuant to section 808 of this title,
for the orderly cessation of the
[[Page 551]]
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.)
689 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.)
690 Sec. 806. Powers, functions, and limitations.
(a) General operating and expenditure authority
Subject to such limitations as may be provided for under
this section, the Board may take such actions and make such
expenditures as may be necessary to carry out the
Congressional Award Program, except that--
(1) the Board shall carry out its functions
and make expenditures with only such resources
as are available to the Board from sources other
than the Federal Government; and
(2) the Board shall not take any actions
which would disqualify the Board from treatment
(for tax purposes) as an organization described
in section 501(c)(3) of Title 26.
(b) Mandatory functions
(1) The Board shall establish such functions and
procedures as may be necessary to carry out the provisions
of this chapter.
(2) The functions established by the Board under
paragraph (1) shall include--
(A) communication with local Congressional
Award Councils concerning the Congressional
Award Program;
(B) provision, upon the request of any local
Congressional Award Council, of such technical
assistance as may be necessary to assist such
council with its responsibilities, including the
provision of medals, the preparation and
provision of applications, guidance on
disposition of applications, arrangements with
respect to local award ceremonies, and other
responsibilities of such council;
(C) conduct of outreach activities to
establish new local Congressional Award
Councils, particularly in inner-city areas and
rural areas;
(D) in addition to those activities
authorized under subparagraph (C), conduct of
outreach activities to encourage, where
appropriate, the establishment and development
of Statewide Congressional Award Councils;
(E) fundraising;
(F) conduct of an annual Gold Medal Awards
ceremony in the District of Columbia;
[[Page 552]]
(G) consideration of implementation of the
provisions of this chapter relating to
scholarships; and
(H) carrying out of duties relating to
management of the national office of the
Congressional Award Program, including
supervision of office personnel and of the
office budget.
(c) Statewide Congressional Award Councils; establishment,
purposes, duties, etc.
(1) In carrying out its functions with respect to
Statewide Congressional Award Councils (hereinafter in this
subsection referred to as Statewide Councils) under
subsection (b) of this section, the Board shall develop
guidelines, criteria, and standards for the formation of
Statewide Councils. In order to create a Statewide Council,
Members of Congress and Senators from each respective State
are encouraged to work jointly with the Board.
(2) The establishment of Statewide Councils is intended
to--
(A) facilitate expanded public participation
and involvement in the program; and
(B) promote greater opportunities for
involvement by members of the State
congressional delegation.
(3) The duties and responsibilities of each Statewide
Council established pursuant to this section shall include,
but not be limited to, the following:
(A) promoting State and local awareness of
the Congressional Award Program;
(B) review of participant records and
activities;
(C) review and verification of information
on, and recommendation of, candidates to the
national board for approval;
(D) planning and organization of bronze and
silver award ceremonies;
(E) assisting gold award recipients with
travel to and from the national gold award
ceremony; and
(F) designation of a Statewide coordinator
to serve as a liaison between the State and
local boards and the national board.
(4) Each Statewide Council established pursuant to this
section is authorized to receive public monetary and in-kind
contributions, which may be made available to local boards
to supplement or defray operating expenses. The Board shall
adopt appropriate financial management methods in order to
ensure the proper accounting of these funds.
(5) Each Statewide Council established pursuant to this
section shall comply with the standard charter requirements
of the national board of directors.
(d) Contracting authority
The Board may enter into and perform such contracts as
may be appropriate to carry out its business, but the Board
may not enter into any contract which would obligate the
Board to expend an amount greater than the amount available
to the Board for the purpose of such contract during the
fiscal year in which the expenditure is made.
[[Page 553]]
(e) Obtaining and acceptance of non-Federal funds and
resources; indirect resources
(1) Subject to the provisions of paragraph (2), the
Board may seek and accept funds and other resources to carry
out its activities. The Board may not accept any funds or
other resources which are--
(A) donated with a restriction on their use
unless such restriction merely provides that
such funds or other resources be used in
furtherance of the Congressional Award Program
or a specific regional or local program; and
(B) donated subject to the condition that
the identity of the donor of the funds or
resources shall remain anonymous. The Board may
permit donors to use the name of the Board or
the name ``Congressional Award Program'' in
advertising.
(2) Except as otherwise provided in this chapter, the
Board may not receive any Federal funds or resources. The
Board may benefit from in-kind and indirect resources
provided by Offices of Members of Congress or the Congress.
Further, the Board is not prohibited from receiving indirect
benefits from efforts or activities undertaken in
collaboration with entities which receive Federal funds or
resources.
(f) Acceptance and utilization of services of voluntary,
uncompensated personnel
The Board may accept and utilize the services of
voluntary, uncompensated personnel.
(g) Lease, etc., of real or personal property
The Board may lease (or otherwise hold), acquire, or
dispose of real or personal property necessary for, or
relating to, the duties of the Board.
(h) Fiscal authority
The Board shall have no power--
(1) to issue bonds, notes, debentures, or
other similar obligations creating long-term
indebtedness;
(2) to issue any share of stock or to
declare or pay any dividends; or
(3) to provide for any part of the income or
assets of the Board to inure to the benefit of
any director, officer, or employee of the Board
except as reasonable compensation for services
or reimbursement for expenses.
(i) Establishment, functions, etc., of private nonprofit
corporation; articles of incorporation of corporation;
compensation, etc., for director, officer, or employee
of corporation
(1) The Board shall provide for the establishment of a
private nonprofit corporation for the sole purpose of
assisting the Board to carry out the Congressional Award
Program, and shall delegate to the corporation such duties
as it considers appropriate.
(2) The articles of incorporation of the corporation
established under this subsection shall provide that--
(A) the members of the Board of Directors of
the corporation shall be the members of the
Board, and the Director of the corporation shall
be the Director of the Board; and
[[Page 554]]
(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.)
691 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.)
692 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
693 Sec. 811. Findings.
Congress makes the following findings:
(1) Arts literacy is a fundamental purpose
of schooling for all students.
[[Page 555]]
(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.)
694 Sec. 812. Definitions.
In this subchapter:
(1) Arts Education Partnership
The term ``Arts Education Partnership''
means a private, nonprofit coalition of
education, arts, business, philanthropic,
and government organizations that
demonstrates and promotes the essential role
of arts education in enabling all students
to succeed in school, life, and work, and
was formed in 1995.
(2) Board
The term ``Board'' means the
Congressional Recognition for Excellence in
Arts Education Awards Board established
under section 813 of this title.
(3) Elementary school; secondary school
The terms ``elementary school'' and
``secondary school'' mean--
(A) a public or private
elementary school or secondary
school (as the case may be), as
defined in section 14101 of the
Elementary and Secondary Education
Act of 1965 (20 U.S.C. 8801); or
(B) a bureau\1\ funded school as
defined in section 2026 of Title 25.
\1\So in original. Probably should be capitalized.
[[Page 556]]
(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.)
695 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.)
696 Sec. 814. Board duties.
(a) Awards program established
The Board shall establish and administer an awards
program to be known as the ``Congressional Recognition for
Excellence in Arts Education Awards Program''. The purpose
of the program shall be to--
(1) celebrate the positive impact and public
benefits of the arts;
(2) encourage all elementary schools and
secondary schools to integrate the arts into the
school curriculum;
(3) spotlight the most compelling evidence
of the relationship between the arts and student
learning;
(4) demonstrate how community involvement in
the creation and implementation of arts policies
enriches the schools;
(5) recognize school administrators and
faculty who provide quality arts education to
students;
(6) acknowledge schools that provide
professional development opportunities for their
teachers;
(7) create opportunities for students to
experience the relationship between early
participation in the arts and developing the
life skills necessary for future personal and
professional success;
(8) increase, encourage, and ensure
comprehensive, sequential arts learning for all
students; and
(9) expand student access to arts education
in schools in every community.
(b) Duties
(1) School awards
The Board shall--
(A) make annual awards to elementary
schools and secondary schools in the States
in accordance with criteria established
under subparagraph (B), which awards--
(i) shall be of such design and
materials as the Board may
determine, including a well-designed
certificate or a work of art,
designed for the awards event by an
appropriate artist; and
(ii) shall be reflective of the
dignity of Congress;
[[Page 557]]
(B) establish criteria required for a
school to receive the award, and establish
such procedures as may be necessary to
verify that the school meets the criteria,
which criteria shall include criteria
requiring--
(i) that the school--
(I) provides
comprehensive, sequential
arts learning; and
(II) integrates the arts
throughout the curriculum in
subjects other than the
arts; and
(ii) 3 of the following:
(I) that the community
serving the school is
actively involved in shaping
and implementing the arts
policies and programs of the
school;
(II) that the school
principal supports the
policy of arts education for
all students;
(III) that arts teachers
in the school are encouraged
to learn and grow in mastery
of their art form as well as
in their teaching
competence;
(IV) that the school
actively encourages the use
of arts assessment
techniques for improving
student, teacher, and
administrative performance;
and
(V) that school leaders
engage the total school
community in arts activities
that create a climate of
sup-port for arts education;
and
(C) include, in the procedures necessary
for verification that a school meets the
criteria described in subparagraph (B),
written evidence of the specific criteria,
and supporting documentation, that
includes--
(i) 3 letters of support for the
school from community members, which
may include a letter from--
(I) the school's Parent
Teacher Association (PTA);
(II) community leaders,
such as elected or appointed
officials; and
(III) arts organizations
or institutions in the
community that partner with
the school; and
(ii) the completed application
for the award signed by the
principal or other education leader
such as a school district arts
coordinator, school board member, or
school superintendent;
(D) determine appropriate methods for
disseminating information about the program
and make application forms available to
schools;
(E) delineate such roles as the Board
considers to be appropriate for the Director
in administering the program, and set forth
in the bylaws of the Board the duties,
salary, and benefits of the Director;
(F) raise funds for the operation of the
program;
(G) determine, and inform Congress
regarding, the national readiness for
interdisciplinary individual student awards
described in paragraph (2), on the basis of
the framework established in the 1997
National Assessment of Educational Progress
and such other criteria as the Board
determines appropriate; and
[[Page 558]]
(H) take such other actions as may be
appropriate for the administration of the
Congressional Recognition for Excellence in
Arts Education Awards Program.
(2) Student awards
(A) In general
At such time as the Board determines
appropriate, the Board--
(i) shall make annual awards to
elementary school and secondary
school students for individual
interdisciplinary arts achievement;
and
(ii) establish criteria for the
making of the awards.
(B) Award model
The Board may use as a model for the
awards the Congressional Award Program and
the President's Physical Fitness Award
Program.
(c) Presentation
The Board shall arrange for the presentation of awards
under this section to the recipients and shall provide for
participation by Members of Congress in such presentation,
when appropriate.
(d) Date of announcement
The Board shall determine an appropriate date or dates
for announcement of the awards under this section, which
date shall coincide with a National Arts Education Month or
a similarly designated day, week or month, if such
designation exists.
(e) Report
(1) In general
The Board shall prepare and submit an annual
report to Congress not later than March 1 of
each year summarizing the activities of the
Congressional Recognition for Excellence in Arts
Education Awards Program during the previous
year and making appropriate recommendations for
the program. Any minority views and
recommendations of members of the Board shall be
included in such reports.
(2) Contents
The annual report shall contain the
following:
(A) Specific information regarding the
methods used to raise funds for the
Congressional Recognition for Excellence in
Arts Education Awards Program and a list of
the sources of all money raised by the
Board.
(B) Detailed information regarding the
expenditures made by the Board, including
the percentage of funds that are used for
administrative expenses.
(C) A description of the programs
formulated by the Director under section
816(b)(1) of this title, including an
explanation of the operation of such
programs and a list of the sponsors of the
programs.
(D) A detailed list of the
administrative expenditures made by the
Board, including the amounts expended for
salaries, travel expenses, and reimbursed
expenses.
[[Page 559]]
(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.)
697 Sec. 815. Composition of Board; Advisory Board.
(a) Composition
(1) In general
The Board shall consist of 9 members as
follows:
(A) 2 Members of the Senate appointed by
the Majority Leader of the Senate.
(B) 2 Members of the Senate appointed by
the Minority Leader of the Senate.
(C) 2 Members of the House of
Representatives appointed by the Speaker of
the House of Representatives.
(D) 2 Members of the House of
Representatives appointed by the Minority
Leader of the House of Representatives.
(E) The Director of the Board, who shall
serve as a nonvoting member.
(2) Advisory Board
There is established an Advisory Board to
assist and advise the Board with respect to its
duties under this subchapter, that shall consist
of 15 members appointed--
(A) in the case of the initial such
members of the Advisory Board, by the
leaders of the Senate and House of
Representatives making the appointments
under paragraph (1), from recommendations
received from organizations and entities
involved in the arts such as businesses,
civic and cultural organizations, and the
Arts Education Partnership steering
committee; and
(B) in the case of any other such
members of the Advisory Board, by the Board.
(3) Special rule for Advisory Board
In making appointments to the Advisory
Board, the individuals and entity making the
appointments under paragraph (2) shall consider
recommendations submitted by any interested
party, including any member of the Board.
(4) Interest
(A) In general
Members of Congress appointed to the
Board shall have an interest in 1 of the
purposes described in section 814(a) of this
title.
(B) Diversity
[[Page 560]]
The membership of the Advisory Board
shall represent a balance of artistic and
education professionals, including at least
1 representative who teaches in each of the
following disciplines:
(i) Music.
(ii) Theater.
(iii) Visual Arts.
(iv) Dance.
(b) Terms
(1) Board
Members of the Board shall serve for terms
of 6 years, except that of the members first
appointed--
(A) 1 Member of the House of
Representatives and 1 Member of the Senate
shall serve for terms of 2 years;
(B) 1 Member of the House of
Representatives and 1 Member of the Senate
shall serve for terms of 4 years; and
(C) 2 Members of the House of
Representatives and 2 Members of the Senate
shall serve for terms of 6 years, as
determined by lot when all such members have
been appointed.
(2) Advisory Board
Members of the Advisory Board shall serve
for terms of 6 years, except that of the members
first appointed, 3 shall serve for terms of 2
years, 4 shall serve for terms of 4 years, and 8
shall serve for terms of 6 years, as determined
by lot when all such members have been
appointed.
(c) Vacancy
(1) In general
Any vacancy in the membership of the Board
or Advisory Board shall be filled in the same
manner in which the original appointment was
made.
(2) Term
Any member appointed to fill a vacancy
occurring before the expiration of the term for
which the member's predecessor was appointed
shall be appointed only for the remainder of
such term.
(3) Extension
Any appointed member of the Board or
Advisory Board may continue to serve after the
expiration of the member's term until the
member's successor has taken office.
(4) Special rule
Vacancies in the membership of the Board
shall not affect the Board's power to function
if there remain sufficient members of the Board
to constitute a quorum under subsection (d) of
this section.
(d) Quorum
A majority of the members of the Board shall constitute
a quorum.
(e) Compensation
Members of the Board and Advisory Board shall serve
without pay but may be compensated, from amounts in the
trust fund, for reasonable travel expenses incurred by the
members in the performance of their duties as members of the
Board.
[[Page 561]]
(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.)
698 Sec. 816. Administration.
(a) In general
In the administration of the Congressional Recognition
for Excellence in Arts Education Awards Program, the Board
shall be assisted by a Director, who shall be the principal
executive of the program and who shall supervise the affairs
of the Board. The Director shall be appointed by a majority
vote of the Board.
(b) Director's responsibilities
The Director shall, in consultation with the Board--
(1) formulate programs to carry out the
policies of the Congressional Recognition for
Excellence in Arts Education Awards Program;
(2) establish such divisions within the
Congressional Recognition for Excellence in Arts
Education Awards Program as may be appropriate;
and
(3) employ and provide for the compensation
of such personnel as may be necessary to carry
out the Congressional Recognition for Excellence
in Arts Education Awards Program, subject to
such policies as the Board shall prescribe under
its bylaws.
[[Page 562]]
(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.)
699 Sec. 817. Limitations.
(a) In general
Subject to such limitations as may be provided for under
this section, the Board may take such actions and make such
expenditures as may be necessary to carry out the
Congressional Recognition for Excellence in Arts Education
Awards Program, except that the Board shall carry out its
functions and make expenditures with only such resources as
are available to the Board from the Congressional
Recognition for Excellence in Arts Education Awards Trust
Fund under section 817c of this title.
(b) Contracts
The Board may enter into such contracts as may be
appropriate to carry out the business of the Board, but the
Board may not enter into any contract which will obligate
the Board to expend an amount greater than the amount
available to the Board for the purpose of such contract
during the fiscal year in which the expenditure is made.
(c) Gifts
The Board may seek and accept, from sources other than
the Federal Government, funds and other resources to carry
out the Board's activities. The Board may not accept any
funds or other resources that are--
(1) donated with a restriction on their use
unless such restriction merely provides that
such funds or other resources be used in
furtherance of the Congressional Recognition for
Excellence in Arts Education Awards Program; or
(2) donated subject to the condition that
the identity of the donor of the funds or
resources shall remain anonymous.
(d) Volunteers
The Board may accept and utilize the services of
voluntary, uncompensated personnel.
(e) Real or personal property
The Board may lease (or otherwise hold), acquire, or
dispose of real or personal property necessary for, or
relating to, the duties of the Board.
(f) Prohibitions
The Board shall have no power--
(1) to issue bonds, notes, debentures, or
other similar obligations creating long-term
indebtedness;
(2) to issue any share of stock or to
declare or pay any dividends; or
(3) to provide for any part of the income or
assets of the Board to inure to the benefit of
any director, officer, or employee of the Board
except as reasonable compensation for services
or reimburse
[[Page 563]]
ment for expenses. (Pub.L. 96-114, Title II,
Sec. 208, as added Pub.L. 106-533, Sec. 1(a),
Nov. 22, 2000, 114 Stat. 2551.)
700 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.)
701 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.)
702 Sec. 817c. Trust fund.
(a) Establishment of fund
There shall be established in the Treasury of the United
States a trust fund which shall be known as the
``Congressional Recognition for Excellence in Arts Education
Awards Trust Fund''. The fund shall be administered by the
Board, and shall consist of amounts donated to the Board
under section 817(c) of this title and amounts credited to
the fund under subsection (d) of this section.
(b) Investment
(1) In general
It shall be the duty of the Secretary of the
Treasury to invest, at the direction of the
Director of the Board, such portion of the fund
that is not, in the judgment of the Director of
the Board, required to meet the current needs of
the fund.
(2) Authorized investments
Such investments shall be in public debt
obligations with maturities suitable to the
needs of the fund, as determined by the Director
of the Board. Investments in public debt
obligations shall bear interest at rates
determined by the Secretary of the Treasury
taking into consideration the current market
yield on outstanding marketable obligations of
the United States of comparable maturity.
(c) Authority to sell obligations
Any obligation acquired by the fund may be sold by the
Secretary of the Treasury at the market price.
(d) Proceeds from certain transactions credited to fund
The interest on, and the proceeds from the sale or
redemption of, any obligations held in the fund shall be
credited to and form a part of the fund. (Pub.L. 96-114,
Title II, Sec. 211, as added Pub.L. 106-533, Sec. 1(a), Nov.
22, 2000, 114 Stat. 2552.)
[[Page 564]]
Chapter 19A. John Heinz Competitive Excellence Award
703 Sec. 831. John Heinz Competitive Excellence Award.
(a) Establishment
There is hereby established the John Heinz Competitive
Excellence Award, which shall be evidenced by a national
medal bearing the inscription ``John Heinz Competitive
Excellence Award''. The medal, to be minted by the United
States Mint and provided to the Congress, shall be of such
design and bear such additional inscriptions as the
Secretary of the Treasury may prescribe, in consultation
with the Majority and Minority Leaders of the Senate, the
Speaker and the Minority Leader of the House of
Representatives, and the family of Senator John Heinz. The
medal shall be--
(1) three inches in diameter; and
(2) made of bronze obtained from recycled
sources.
(b) Award categories
(1) In general
Two separate awards may be given under this
section in each year. One such award may be
given to a qualifying individual (including
employees of any State or local government, or
the Federal Government), and 1 such award may be
given to a qualifying organization, institution,
or business.
(2) Limitation
No award shall be made under this section to
an entity in either category described in
paragraph (1) in any year if there is no
qualified individual, organization, institution,
or business recommended under subsection (c) of
this section for an award in such category in
that year.
(c) Qualification criteria for award
(1) Selection panel
A selection panel shall be established,
comprised of a total of 8 persons, including--
(A) 2 persons appointed by the Majority
Leader of the Senate;
(B) 2 persons appointed by the Minority
Leader of the Senate;
(C) 2 persons appointed by the Speaker
of the House of Representatives; and
(D) 2 persons appointed by the Minority
Leader of the House of Representatives.
(2) Qualification
An individual, organization, institution, or
business may qualify for an award under this
section only if such individual, organization,
institution, or business--
(A) is nominated to the Majority or
Minority Leader of the Senate or to the
Speaker or the Minority Leader of the House
of Representatives by a member of the Senate
or the House of Representatives;
(B) permits a rigorous evaluation by the
Office of Technology Assessment of the way
in which such individual, organization,
institution, or business has demonstrated
excellence in promoting United States
industrial competitiveness; and
[[Page 565]]
(C) meets such other requirements as the
selection panel determines to be appropriate
to achieve the objectives of this section.
(3) Evaluation
An evaluation of each nominee shall be
conducted by the Office of Technology
Assessment. The Office of Technology Assessment
shall work with the selection panel to establish
appropriate procedures for evaluating nominees.
(4) Panel review
The selection panel shall review the Office
of Technology Assessment's evaluation of each
nominee and may, based on those evaluations,
recommend 1 award winner for each year for each
category described in subsection (b)(1) of this
section to the Majority and Minority Leaders of
the Senate and the Speaker and the Minority
Leader of the House of Representatives.
(d) Presentation of award
(1) In general
The Majority and Minority Leaders of the
Senate and the Speaker and the Minority Leader
of the House of Representatives shall make the
award to an individual and an organization,
institution, or business that has demonstrated
excellence in promoting United States industrial
competitiveness in the international marketplace
through technological innovation, productivity
improvement, or improved competitive strategies.
(2) Ceremonies
The presentation of an award under this
section shall be made by the Majority and
Minority Leaders of the Senate and the Speaker
and the Minority Leader of the House of
Representatives, with such ceremonies as they
may deem proper.
(3) Publicity
An individual, organization, institution, or
business to which an award is made under this
section may publicize its receipt of such award
and use the award in its advertising, but it
shall be ineligible to receive another award in
the same category for a period of 5 years.
(e) Publication of evaluations
(1) Summary of evaluations
The Office of Technology Assessment shall
ensure that all nominees receive a detailed
summary of any evaluation conducted of such
nominee under subsection (c) of this section.
(2) Summary of competitiveness strategy
The Office of Technology Assessment shall
also make available to all nominees and the
public a summary of each award winner's
competitiveness strategy. Proprietary
information shall not be included in any such
summary without the consent of the award winner.
(f) Reimbursement of costs
The Majority and Minority Leaders of the Senate and the
Speaker and the Minority Leader of the House of
Representatives are authorized to seek and accept gifts from
public and private sources to defray the
[[Page 566]]
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
704 Sec. 900. Statement of budget enforcement through
sequestration; definitions.
(a) Omitted
(b) General statement of budget enforcement through
sequestration
This chapter provides for budget enforcement as called
for in HouseConcurrent Resolution 84 (105th Congress, 1st
session).
(c) Definitions
As used in this subchapter:
(1) The terms ``budget authority'', ``new
budget authority'', ``outlays'', and ``deficit''
have the meanings given to such terms in section
3 of the Congressional Budget and Impoundment
Control Act of 1974 [2 U.S.C.A. Sec. 622] and
``discretionary spending limit'' shall mean the
amounts specified in section 901 of this title.
(2) The terms ``sequester'' and
``sequestration'' refer to or mean the
cancellation of budgetary resources provided by
discretionary appropriations or direct spending
law.
(3) The term ``breach'' means, for any
fiscal year, the amount (if any) by which new
budget authority or outlays for that year
(within a category of discretionary
appropriations) is above that category's
discretionary spending limit for new budget
authority or outlays for that year, as the case
may be.
(4)(A) The term ``category'' means the
subsets of discretionary appropriations in
section 251(c). Discretionary appropriations in
each of the categories shall be those designated
in the joint explanatory statement accompanying
the conference report on the Balanced Budget Act
of 1997. New accounts or activities shall be
categorized only after consultation with the
committees\1\ on Appropriations and the Budget
of the House of Representatives and the Senate
and that consultation shall, to the extent
practicable, include written communication to
such committees that affords such committees the
opportunity to comment before official action is
taken with respect to new accounts or
activities.
\1\So in original. ``Committees'' probably should be
capitalized.
(B) The term ``highway category'' refers to
the following budget accounts or portions
thereof that are subject to the obligation
limitations on contract authority set forth in
the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users:
(i) 69-8083-0-7-401 (Federal-Aid
Highways).
(ii) 69-8020-0-7-401 (Highway Traffic
Safety Grants).
(iii) 69-8048-0-7-401 (National Motor
Carrier Safety Program).
(iv) 69-8016-0-7-401 (Operations and
Research NHTSA).
[[Page 567]]
(v) 69-8362-0-7-401 (National Driver
Registry).
(vi) 69-8159-0-7-401 (Motor Carrier
Safety Operations and Programs).
(vii) 06-8158-0-7-401 (Motor Carrier
Safety Grants).
(C) Mass transit category
The term ``mass transit category'' means the following
budget accounts, or portions of the accounts, that are
subject to the obligation limitations on contract authority
provided in the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users or for which
appropriations are provided in accordance with
authorizations contained in that Act:
(i) 69-1120-0-1-401 (Administrative
Expenses).
(ii) 69-1134-0-1-401 (Capital Investment
Grants).
(iii) 69-8191-0-7-401 (Discretionary
Grants).
(iv) 69-1129-0-1-401 (Formula Grants).
(v) 69-1127-0-1-401 (Interstate Transfer
Grants--Transit).
(vi) 69-1125-0-1-401 (Job Access and
Reverse Commute).
(vii) 69-1122-0-1-401 (Miscellaneous
Expired Accounts).
(viii) 69-1121-0-1-401 (Research,
Training and Human Resources).
(ix) 69-8350-0-7-401 (Trust Fund Share
of Expenses).
(x) 69-1137-0-1-401 (Transit Planning
and Research).
(xi) 69-1136-0-1-401 (University
Transportation Research).
(xii) 69-1128-0-1-401 (Washington
Metropolitan Area Transit Authority)
(D) Special rule.--(i) Any outlays in excess
of the discretionary spending limit set forth in
section 901(c) of this title for the highway or
mass transit category, as adjusted, for the
budget year shall be considered nondefense
category outlays or discretionary category
outlays.
(ii) If the obligation limitations for
accounts in the highway or mass transit category
provided in an appropriation Act for a fiscal
year exceed the obligation limitations set forth
in section 8103 of the Transportation Equity Act
for the 21st Century for that year, as adjusted,
the estimated outlays flowing for each outyear
from such excess obligations calculated pursuant
to clause (iii) shall be attributed to the
discretionary category in that outyear.
(iii) For purposes of clause (ii), outlays
from excess obligations shall be determined
using the average of the spendout rates for that
category in the baseline.
(E) The term ``conservation spending
category'' means discretionary appropriations
for conservation activities in the following
budget accounts or portions thereof providing
appropriations to preserve and protect lands,
habitat, wildlife, and other natural resources,
to provide recreational opportunities, and for
related purposes:
(i) 14-5033 Bureau of Land Management
Land Acquisition.
(ii) 14-5020 Fish and Wildlife Service
Land Acquisition.
(iii) 14-5035 National Park Service Land
Acquisition and State Assistance.
(iv) 12-9923 Forest Service Land
Acquisition.
(v) 14-5143 Fish and Wildlife Service
Cooperative Endangered Species Conservation
Fund.
[[Page 568]]
(vi) 14-5241 Fish and Wildlife Service
North American Wetlands Conservation Fund.
(vii) 14-1694 Fish and Wildlife Service
State Wildlife Grants.
(viii) 14-0804 United States Geological
Survey Surveys, Investigations, and
Research, the State Planning Partnership
programs: Community/Federal Information
Partnership, Urban Dynamics, and Decision
Support for Resource Management.
(ix) 12-1105 Forest Service State and
Private Forestry, the Forest Legacy Program,
Urban and Community Forestry, and Smart
Growth Partnerships.
(x) 14-1031 National Park Service Urban
Park and Recreation Recovery program.
(xi) 14-5140 National Park Service
Historic Preservation fund.
(xii) Youth Conservation Corps.
(xiii) 14-1114 Bureau of Land Management
Payments in Lieu of Taxes.
(xiv) Federal infrastructure Improvement
(as established in title VIII of the
Department of the Interior and Related
Agencies Appropriations Act, 2001).
(xv) 13-1460 NOAA Procurement
Acquisition and Construction, the National
Marine Sanctuaries and the National
Estuarine Research Reserve Systems.
(xvi) 13-1450 NOAA Operations, Research,
and Facilities, the Coastal Zone Management
Act programs, the National Marine
Sanctuaries, the National Estuarine Research
Reserve Systems, and Coral Restoration
programs.
(xvii) 13-1451 NOAA Pacific Coastal
Salmon Recovery.
(F) The term ``Federal and State Land and
Water Conservation Fund sub-category'' means
discretionary appropriations for activities in
the accounts described in (E)(i)-(E)(iv) or
portions thereof.
(G) The term ``State and Other Conservation
sub-category'' means discretionary
appropriations for activities in the accounts
described in\1\ (E)(v)-(E)(ix), with the
exception of Urban and Community Forestry as
described in1 (E)(ix), or portions
thereof.
\1\So in original. Probably should be followed by
``subparagraph''.
(H) The term ``Urban and Historic
Preservation sub-category'' mans discretionary
appropriations for activities in the accounts
described in1 (E)(ix)-(E)(xii), with
the exception of Forest Legacy and Smart Growth
Partnerships as described in1
(E)(ix), or portions thereof.
(I) The term ``Payments in Lieu of Taxes
sub-category'' means discretionary
appropriations for activities in the account
described in1 (E)(xiii) or portions
thereof.
(J) The term ``Federal Deferred Maintenance
sub-category'' means discretionary
appropriations for activities in the account
described in1 (E)(xiv) or portions
thereof.
(K) The term ``Coastal Assistance sub-
category'' means discretionary appropriations
for activities in the accounts described in\1\
(E)(xv)-(E)(xvii) or portions thereof.
(5) The term ``baseline'' means the
projection (described in section 907 of this
title) of current-year levels of new budget
authority, outlays, receipts, and the surplus or
deficit into the budget year and the outyears.
[[Page 569]]
(6) The term ``budgetary resources'' means
new budget authority, unobligated balances,
direct spending authority, and obligation
limitations.
(7) The term ``discretionary
appropriations'' means budgetary resources
(except to fund direct-spending programs)
provided in appropriation Acts.
(8) The term ``direct spending'' means--
(A) budget authority provided by law
other than appropriation Acts;
(B) entitlement authority; and
(C) the food stamp program.
(9) The term ``current'' means, with respect
to OMB estimates included with a budget
submission under section 1105(a) of Title 31,
the estimates consistent with the economic and
technical assumptions underlying that budget and
with respect to estimates made after that budget
submission that are not included with it,
estimates consistent with the economic and
technical assumptions underlying the most
recently submitted President's budget.
(10) The term ``real economic growth'', with
respect to any fiscal year, means the growth in
the gross national product during such fiscal
year, adjusted for inflation, consistent with
Department of Commerce definitions.
(11) The term ``account'' means an item for
which appropriations are made in any
appropriation Act and, for items not provided
for in appropriation Acts, such term means an
item for which there is a designated budget
account identification code number in the
President's budget.
(12) The term ``budget year'' means, with
respect to a session of Congress, the fiscal
year of the Government that starts on October 1
of the calendar year in which that session
begins.
(13) The term ``current year'' means, with
respect to a budget year, the fiscal year that
immediately precedes that budget year.
(14) The term ``outyear'' means, with
respect to a budget year, any of the first 4
fiscal years that follow the budget year.
(15) The term ``OMB'' means the Director of
the Office of Management and Budget.
(16) The term ``CBO'' means the Director of
the Congressional Budget Office.
(17) As used in this subchapter, all
references to entitlement authority shall
include the list of mandatory appropriations
included in the joint explanatory statement of
managers accompanying the conference report on
the Balanced Budget Act of 1997.
(18) The term ``deposit insurance'' refers
to the Federal deposit insurance agencies, and
other Federal agencies supervising insured
depository institutions, resulting from full
funding of, and continuation of, the deposit
insurance guarantee commitment in effect under
current estimates.
(19) The term ``asset sale'' means the sale
to the public of any asset (except for those
assets covered by title V of the Congressional
Budget Act of 1974), whether physical or
financial, owned in whole or in part by the
United States.
(20) Repealed (Pub.L. 105-33, Title X,
Sec. 10202(b)(6), Aug. 5, 1997, 111 Stat. 698).
[[Page 570]]
(21) Redesignated (19)
(As amended Pub.L. 105-33, Title X, Sec. 10202, Aug. 5,
1997, 111 Stat. 697; Pub.L. 105-178, Title VIII,
Sec. 8101(c), (f), June 9, 1998, 112 Stat. 489; Pub.L. 105-
206, Title IX, Sec. 9013(b), July 22, 1998, 112 Stat. 865;
Pub.L. 106-291, Title VIII, Sec. 801(c), Oct. 11, 2000, 114
Stat. 1028; Pub.L. 108-88, Sec. 10(c), Sept. 30, 2003, 117
Stat. 1127; Pub.L. 108-310, Sec. 10(c)(1), (2), Sept. 30,
2004, 118 Stat. 1160; Pub.L. 109-59, Title VIII,
Sec. 8001(b), Aug. 10, 2005, 119 Stat. 1915.)
Waivers and Suspensions in the Senate
Section 271(b) of Pub.L. 99-177, as amended by Pub.L.
100-119, Title II, Sec. 211, Sept. 29, 1987, 101 Stat. 787,
provided that: ``Sections 301(i), 302(c), 302(f), 304(b),
310(d), 310(g), and 311(a) of the Congressional Budget Act
of 1974 [sections 632(i), 633(c), 633(f), 635(b), 641(d),
641(g), and 642(a) of this title] may be waived or suspended
in the Senate only by the affirmative vote of three-fifths
of the Members, duly chosen and sworn. This subsection shall
not apply to any joint resolution reported or discharged
pursuant to section 254(a) of this joint resolution [section
904(a) of this title].''
[For effective and termination dates of section 271(b)
of Pub.L. 99-177, see section 275(a)(1), (b)(2)(D) of Pub.L.
99-177, set out as a note above.]
Appeals of Rulings
Section 271(c) of Pub.L. 99-177, as enacted by Pub.L.
100-119, Title II, Sec. 210(a), Sept. 29, 1987, 101 Stat.
787, provided that: ``An affirmative vote of three-fifths of
the Members of the Senate, duly chosen and sworn, shall be
required in the Senate to sustain an appeal of the ruling of
the Chair on a point of order raised under section 301(i),
302(c), 302(f), 304(b), 306, 310(g), or 311(a) of the
Congressional Budget Act of 1974.'' [sections 632(i),
633(c), 633(f), 635(b), 637, 641(d), 641(g), or 642(a) of
this title].
[For effective and termination dates of section 271(c)
of Pub.L. 99-177, see section 275(a)(1), (b)(2)(D) of Pub.L.
99-177, set out as a note above.]
705 Sec. 901. Enforcing discretionary spending limits.
(a) Enforcement
(1) Sequestration
Within 15 calendar days after Congress
adjourns to end a session and on the same day as
a sequestration (if any) under section 902 of
this title and section 903 of this title, there
shall be a sequestration to eliminate a budget-
year breach, if any, within any category.
(2) Eliminating a breach
Each non-exempt account within a category
shall be reduced by a dollar amount calculated
by multiplying the baseline level of
sequestrable budgetary resources in that account
at that time by the uniform percentage necessary
to eliminate a breach within that category;
except that the health programs set forth in
section 906(e) of this title shall not be
reduced by more than 2 percent and the uniform
percent applicable to all other programs under
this paragraph shall be increased (if necessary)
to a level sufficient to eliminate that breach.
If, within a category, the discretionary
spending limits for both new budget authority
and outlays are breached, the uniform percentage
shall be calculated by--
(A) first, calculating the uniform
percentage necessary to eliminate the breach
in new budget authority, and
(B) second, if any breach in outlays
remains, increasing the uniform percentage
to a level sufficient to eliminate that
breach.
(3) Military personnel
[[Page 571]]
If the President uses the authority to
exempt any military personnel from sequestration
under section 905(f) of this title, each account
within subfunctional category 051 (other than
those military personnel accounts for which the
authority provided under section 905(f) of this
title has been exercised) shall be further
reduced by a dollar amount calculated by
multiplying the enacted level of nonexempt
budgetary resources in that account at that time
by the uniform percentage necessary to offset
the total dollar amount by which outlays are not
reduced in military personnel accounts by reason
of the use of such authority.
(4) Part-year appropriations
If, on the date specified in paragraph (1),
there is in effect an Act making or continuing
appropriations for part of a fiscal year for any
budget account, then the dollar sequestration
calculated for that account under paragraphs (2)
and (3) shall be subtracted from--
(A) the annualized amount otherwise
available by law in that account under that
or a subsequent part-year appropriation; and
(B) when a full-year appropriation for
that account is enacted, from the amount
otherwise provided by the full-year
appropriation.
(5) Look-back
If, after June 30, an appropriation for the
fiscal year in progress is enacted that causes a
breach within a category for that year (after
taking into account any sequestration of amounts
within that category), the discretionary
spending limits for that category for the next
fiscal year shall be reduced by the amount or
amounts for that breach.
(6) Within-session sequestration
If an appropriation for a fiscal year in
progress is enacted (after Congress adjourns to
end the session for that budget year and before
July 1 of that fiscal year) that causes a breach
within a category of that year (after taking
into account any prior sequestration of amounts
within that category), 15 days later there shall
be a sequestration to eliminate that breach
within that category following the procedures
set forth in paragraphs (2) through (4).
(7) Estimates
(A) CBO estimates
As soon as practicable after Congress
completes action on any discretionary
appropriation, CBO, after consultation with
the Committees on the Budget of the House of
Representatives and the Senate shall provide
OMB with an estimate of the amount of
discretionary new budget authority and
outlays for the current year (if any) and
the budget year provided by that
legislation.
(B) OMB estimates and explanation of
differences
Not later than 7 calendar days
(excluding Saturdays, Sundays, and legal
holidays) after the date of enactment of any
discretionary appropriation, OMB shall
transmit a report to the House of
Representatives and to the Senate containing
the CBO estimate of that legislation, an OMB
estimate of the amount of discretionary new
budget authority and outlays for the current
[[Page 572]]
year (if any) and the budget year provided
by that legislation, and an explanation of
any difference between the 2 estimates. If
during the preparation of the report OMB
determines that there is a significant
difference between OMB and CBO, OMB shall
consult with the Committees on the Budget of
the House of Representatives and the Senate
regarding that difference and that
consultation shall include, to the extent
practicable, written communication to those
committees that affords such committees the
opportunity to comment before the issuance
of the report.
(C) Assumptions and guidelines
OMB estimates under this paragraph shall
be made using current economic and technical
assumptions. OMB shall use the OMB estimates
transmitted to the Congress under this
paragraph. OMB and CBO shall prepare
estimates under this paragraph in
conformance with scorekeeping guidelines
determined after consultation among the
House and Senate Committees on the Budget,
CBO, and OMB.
(D) Annual appropriations
For purposes of this paragraph, amounts
provided by annual appropriations shall
include any new budget authority and outlays
for the current year (if any) and the budget
year in accounts for which funding is
provided in that legislation that result
from previously enacted legislation.
(b) Adjustments to discretionary spending limits
(1) Preview report
(A) Concepts and definitions
When the President submits the budget
under section 1105 of Title 31, OMB shall
calculate and the budget shall include
adjustments to discretionary spending limits
(and those limits as cumulatively adjusted)
for the budget year and each outyear to
reflect changes in concepts and definitions.
Such changes shall equal the baseline levels
of new budget authority and outlays using
up-to-date concepts and definitions minus
those levels using the concepts and
definitions in effect before such changes.
Such changes may only be made after
consultation with the committees on
Appropriations and the Budget of the House
of Representatives and the Senate and that
consultation shall include written
communication to such committees that
affords such committees the opportunity to
comment before official action is taken with
respect to such changes.
(B) Adjustment to align highway spending
with revenues
(i) When the President submits the
budget under section 1105 of Title 31, OMB
shall calculate and the budget shall make
adjustments to the highway category for the
budget year and each outyear as provided in
clause (ii)(I)(cc).
(ii)(I)(aa) OMB shall take the actual
level of highway receipts for the year
before the current year and subtract the sum
of the estimated level of highway receipts
in subclause (II) plus any amount previously
calculated under item (bb) for that year.
(bb) OMB shall take the current estimate
of highway receipts for the current year and
subtract the estimated level of receipts for
that year.
[[Page 573]]
(cc) OMB shall add one-half of the sum
of the amount calculated under items (aa)
and (bb) to the obligation limitations set
forth in the section 8003 of the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users and, using current estimates,
calculate the outlay change resulting from
the change in obligations for the budget
year and the first outyear and the outlays
flowing therefrom through subsequent fiscal
years. After making the calculations under
the preceding sentence, OMB shall adjust the
amount of obligations set forth in that
section for the budget year and the first
outyear by adding one-half of the sum of the
amount calculated under items (aa) and (bb)
to each such year.
(II) The estimated level of highway
receipts for the purposes of this clause
are--
(aa) for fiscal year 2005,
$31,562,000,000;
(bb) for fiscal year 2006,
$33,712,000,000;
(cc) for fiscal year 2007,
$34,623,000,000\1\
\1\So in original. Probably should be followed by a
semicolon.
(dd) for fiscal year 2008,
$35,449,000,000; and
(ee) for fiscal year 2009,
$36,220,000,000.
(III) In this clause, the term ``highway
receipts'' means the governmental receipts
credited to the highway account of the
Highway Trust Fund.
(C) In addition to the adjustment required
by subparagraph (B), when the President submits
the budget under section 1105 of Title 31 for
fiscal year 2007, 2008, or 2009, OMB shall
calculate and the budget shall include for the
budget year and each outyear an adjustment to
the limits on outlays for the highway category
and the mass transit category equal to--
(i) the outlays for the applicable
category calculated assuming obligation
levels consistent with the estimates
prepared pursuant to subparagraph (D), as
adjusted, using current technical
assumptions; minus
(ii) the outlays for the applicable
category set forth in the subparagraph (D)
estimates, as adjusted.
(D)(i) When OMB and CBO submit their final
sequester report for fiscal year 2006, that
report shall include an estimate of the outlays
for each of the categories that would result in
fiscal years 2007 through 2010 from obligations
at the levels specified in section 8003 of the
Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users
using current assumptions.
(ii) When the President submits the budget
under section 1105 of Title 31, for fiscal year
2007, 2008, 2009 or 2010, OMB shall adjust the
estimates made in clause (i) by the adjustments
by subparagraphs (B) and (C).
(E) OMB shall consult with the Committees on
the Budget and include a report on adjustments
under subparagraphs (B) and (C) in the preview
report.
(2) Sequestration reports
When OMB submits a sequestration report
under section 904(e), (f), or (g) of this title
for a fiscal year, OMB shall calculate, and the
sequestration report and subsequent budgets
submitted by the President under section 1105(a)
of Title 31, shall include adjust
[[Page 574]]
ments to discretionary spending limits (and
those limits as adjusted) for the fiscal year
and each succeeding year, as follows:
(A) Emergency appropriations
If, for any fiscal year,
appropriations for discretionary
accounts are enacted that the
President designates as emergency
requirements and that the Congress
so designates in statute, the
adjustment shall be the total of
such appropriations in discretionary
accounts designated as emergency
requirements and the outlays flowing
in all fiscal years from such
appropriations. This subparagraph
shall not apply to appropriations to
cover agricultural crop disaster
assistance.
(B) Special outlay allowance
If, in any fiscal year, outlays
for a category exceed the
discretionary spending limit for
that category but new budget
authority does not exceed its limit
for that category (after application
of the first step of a sequestration
described in subsection (a)(2) of
this section, if necessary), the
adjustment in outlays for a fiscal
year is the amount of the excess but
not to exceed 0.5 percent of the sum
of the adjusted discretionary
spending limits on outlays for that
fiscal year.
(C) Continuing disability reviews
(i) If a bill or joint
resolution making appropriations for
a fiscal year is enacted that
specifies an amount for continuing
disability reviews under the heading
``Limitation on Administrative
Expenses'' for the Social Security
Administration, the adjustments for
that fiscal year shall be the
additional new budget authority
provided in that Act for such
reviews for that fiscal year and the
additional outlays flowing from such
amounts, but shall not exceed--
(I) for fiscal year
1998, $290,000,000 in
additional new budget
authority and $338,000,000
in additional outlays;
(II) for fiscal year
1999, $520,000,000 in
additional new budget
authority and $520,000,000
in additional outlays;
(III) for fiscal year
2000, $520,000,000 in
additional new budget
authority and $520,000,000
in additional outlays;
(IV) for fiscal year
2001, $520,000,000 in
additional new budget
authority and $520,000,000
in additional outlays; and
(V) for fiscal year
2002, $520,000,000 in
additional new budget
authority and $520,000,000
in additional outlays.
(ii) As used in this
subparagraph--
(I) the term
``continuing disability
reviews'' means reviews or
redeterminations as defined
under section 401(g)(1)(A)
of Title 42 and reviews and
redeterminations authorized
under section 211 of the
Personal Responsibility and
Work Opportunity
Reconciliation Act of 1996;
(II) the term
``additional new budget
authority'' means the amount
provided for a fiscal year,
in excess of
[[Page 575]]
$200,000,000, in an
appropriations Act and
specified to pay for the
costs of continuing
disability reviews under the
heading ``Limitation on
Administrative Expenses''
for the Social Security
Administration; and
(III) the term
``additional outlays'' means
outlays, in excess of
$200,000,000 in a fiscal
year, flowing from the
amounts specified for
continuing disability
reviews under the heading
``Limitation on
Administrative Expenses''
for the Social Security
Administration, including
outlays in that fiscal year
flowing from amounts
specified in Acts enacted
for prior fiscal years (but
not before 1996).
(D) Allowance for IMF
If an appropriation bill or
joint resolution is enacted for a
fiscal year through 2002 that
includes an appropriation with
respect to clause (i) or (ii), the
adjustment shall be the amount of
budget authority in the measure that
is the dollar equivalent of the
Special Drawing Rights with respect
to--
(i) an increase in the
United States quota as part
of the International
Monetary Fund Eleventh
General Review of Quotas
(United States Quota); or
(ii) any increase in the
maximum amount available to
the Secretary of the
Treasury pursuant to section
17 of the Bretton Woods
Agreement Act, as amended
from time to time (New
Arrangements to Borrow).
(E) Allowance for international
arrearages
(i) Adjustments
If an appropriation bill
or joint resolution is
enacted for fiscal year
1998, 1999, or 2000 that
includes an appropriation
for arrearages for
international organizations,
international peacekeeping,
and multilateral development
banks for that fiscal year,
the adjustment shall be the
amount of budget authority
in that measure and the
outlays flowing in all
fiscal years from that
budget authority.
(ii) Limitations
The total amount of
adjustments made pursuant to
this subparagraph for the
period of fiscal years 1998
through 2000 shall not
exceed $1,884,000,000 in
budget authority.
(F) EITC compliance initiative
If an appropriation bill or
joint resolution is enacted for a
fiscal year that includes an
appropriation for an earned income
tax credit compliance initiative,
the adjustment shall be the amount
of budget authority in that measure
for that initiative and the outlays
flowing in all fiscal years from
that budget authority, but not to
exceed--
(i) with respect to
fiscal year 1998,
$138,000,000 in new budget
authority and $131,000,000
in outlays;
(ii) with respect to
fiscal year 1999,
$143,000,000 in new budget
authority and $143,000,000
in outlays;
(iii) with respect to
fiscal year 2000,
$144,000,000 in new budget
authority and $144,000,000
in outlays;
[[Page 576]]
(iv) with respect to
fiscal year 2001,
$145,000,000 in new budget
authority and $145,000,000
in outlays; and
(v) with respect to
fiscal year 2002,
$146,000,000 in new budget
authority and $146,000,000
in outlays.
(G) Adoption incentive payments
Whenever a bill or joint
resolution making appropriations for
fiscal year 1999, 2000, 2001, 2002,
or 2003 is enacted that specifies an
amount for adoption incentive
payments pursuant to this part for
the Department of Health and Human
Services--
(i) the adjustments for
new budget authority shall
be the amounts of new budget
authority provided in that
measure for adoption
incentive payments, but not
to exceed $20,000,000; and
(ii) the adjustment for
outlays shall be the
additional outlays flowing
from such amount.
(H) Conservation spending
(i) If a bill or resolution
making appropriations for any fiscal
year appropriates an amount for the
conservation spending category that
is less than the limit for the
conservation spending category as
specified in subsection (c), then
the adjustment for new budget
authority and outlays for the
following fiscal year for that
category shall be the amount of new
budget authority and outlays that
equals the difference between the
amount appropriated and the amount
of that category specified in
subsection (c).
(ii) If a bill or resolution
making appropriations for any fiscal
year appropriates an amount for any
conservation spending sub-category
that is less than the limit for that
conservation spending sub-category
as specified in subsections (c)(11)-
(c)(16), then the adjustment for new
budget authority for the following
fiscal year for that sub-category
shall be the amount of new budget
authority that equals the difference
between the amount of new budget
authority that equals the difference
between the amount appropriated and
the amount of that sub-category
specified in subsection (c)(11)-
(c)(16).
(iii) The total amount provided
for any conservation activity within
the conservation spending category
may not exceed any authorized
ceiling for that activity.
(c) Discretionary spending limit
As used in this subchapter, the term ``discretionary
spending limit'' means--
(1) with respect to fiscal year 2005--
(A) for the highway category:
$31,277,000,000 in outlays;
(B) for the mass transit category:
$955,792,000 in new budget authority and
$6,674,000,000 in outlays; and
(C) for the conservation spending
category: $2,080,000,000, in new budget
authority and $2,032,000,000 in outlays;
(2) with respect to fiscal year 2006--
(A) for the highway category:
$33,942,000,000 in outlays;
[[Page 577]]
(B) for the mass transit category:
$1,643,000,000 in new budget authority and
$7,359,000,000 in outlays;
(3) with respect to fiscal year 2007--
(A) for the highway category:
$36,960,000,000 in outlays;
(B) for the mass transit category:
$1,712,000,000 in new budget authority and
$8,120,000,000 in outlays;
(4) with respect to fiscal year 2008--
(A) for the highway category:
$39,123,000,000 in outlays;
(B) for the mass transit category:
$1,858,000,000 in new budget authority and
$8,742,000,000 in outlays;
(5) with respect to fiscal year 2009--
(A) for the highway category:
$40,660,000,000 in outlays;
(B) for the mass transit category:
$1,977,500,000 in new budget authority and
$9,180,000,000 in outlays;
(6) with respect to fiscal year 2005 for the
conservation spending category; $240,000,000 in
new budget authority and $2,192,000,000 in
outlays;
(7) with respect to fiscal year 2006 for the
conservation spending category: $2,400,000,000,
in new budget authority and $2,352,000,000 in
outlays;
(8) with respect to each fiscal year 2002
through 2006 for the Federal and State Land and
Water Conservation Fund sub-category of the
conservation spending category: $540,000,000 in
new budget authority and the outlays flowing
therefrom:
(9) with respect to each fiscal year 2002
through 2006 for the State and Other
Conservation sub-category of the conservation
spending category: $300,000,000 in new budget
authority and the outlays flowing therefrom;
(10) with respect to each fiscal year 2002
through 2006 for the Urban and Historic
Preservation sub-category of the conservation
spending category: $160,000,000 in new budget
authority and the outlays flowing therefrom;
(11) with respect to each fiscal year 2002
through 2006 for the Payments in Lieu of Taxes
sub-category of the conservation spending
category: $50,000,000 in new budget authority
and the outlays flowing therefrom;
(12) with respect to each fiscal year 2002
through 2006 for the Federal Deferred
Maintenance sub-category of the conservation
spending category: $150,000,000 in new budget
authority and the outlays flowing therefrom;
(13) with respect to fiscal year 2002 for
the Coastal Assistance sub-category of the
conservation spending category: $440,000,000 in
new budget authority and the outlays flowing
therefrom; with respect to fiscal year 2003 for
the Coastal Assistance sub-category of the
conservation spending category: $480,000,000 in
new budget authority and the outlays flowing
therefrom; with respect to fiscal year 2004 for
the Coastal Assistance sub-category of the
conservation spending category: $520,000,000 in
new budget authority and the outlays flowing
therefrom; with respect to fiscal year 2005 for
the Coastal Assistance sub-category of the
conservation spending category: $560,000,000 in
new budget authority and the outlays flowing
therefrom; and with respect to fiscal year 2006
for the Coastal Assistance sub-category of the
conservation spending category:
[[Page 578]]
$600,000,000 in new budget authority and the
outlays flowing therefrom;
as adjusted in strict conformance with subsection (b) of
this section.
(As amended Pub.L. 105-33, Title X, Sec. 10203(a), (b), Aug.
5, 1997, 111 Stat. 698, 701; Pub.L. 105-89, Sec. 201(b)(1),
Nov. 19, 1997, 111 Stat. 2125; Pub.L. 105-178, Title VIII,
Sec. 801(a), (d), June 9, 1998, 112 Stat. 488, 490; Pub.L.
106-291, Title VIII, Sec. 801(a), (b), Oct. 11, 2000, 114
Stat. 1026, 1027; Pub.L. 106-429, Sec. 101(a) [Title VII,
Sec. 701(a)], Nov. 6, 2000, 114 Stat. 1900, 1900A-64; Pub.L.
107-117, Div. C, Sec. 101(a), Jan. 10, 2002, 115 Stat. 2341;
Pub.L. 108-88, Sec. 10(a), (b), Sept. 30, 2003, 117 Stat.
1127; Pub.L. 108-310, Sec. 10(a), (b), Sept. 30, 2004, 118
Stat. 1160; Pub.L. 109-59, Title VIII, Sec. Sec. 8001(a),
8002, Aug. 10, 2005, 119 Stat. 1915, 1916.)
Effective and Termination Dates
Section 14002(c)(3) of Pub.L. 103-66, Title XIV, Aug.
10, 1993, 107 Stat. 684, which provided a termination date
for this section was repealed by Pub.L. 105-33, Title X,
Sec. 10212(b), Aug. 5, 1997, 111 Stat. 712. See Effective
and Applicability Provisions note under section 900 of this
title.
For effective and termination dates of this section by
section 275 of Pub.L. 99-177 as amended through Pub.L. 105-
33, Title X, Sec. 10212(a), Aug. 5, 1997, 111 Stat. 712, see
Effective and Applicability Provisions note under section
900 of this title.
Level of Obligation Limitations
Pub.L. 109-59, Title VIII, Sec. 8003, Aug. 10, 2005, 119
Stat 1917, provided that:
``(a) Highway category.--For the purposes of
section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 [subsec.
(b) of this section], the level of obligation
limitations for the highway category is--
``(1) for fiscal year 2005,
$35,164,292,000;
``(2) for fiscal year 2006,
$37,220,843,903;
``(3) for fiscal year 2007,
$39,460,710,516;
``(4) for fiscal year 2008,
$40,824,075,404; and
``(5) for fiscal year 2009,
$42,469,970,178.
``(b) Mass transit category.--For the
purposes of section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985
[subsec. (b) of this section], the level of
obligation limitations for the mass transit
category is--
``(1) for fiscal year 2005,
$7,646,336,000;
``(2) for fiscal year 2006,
$8,622,931,000;
``(3) for fiscal year 2007,
$8,974,775,000;
``(4) for fiscal year 2008,
$9,730,893,000; and
``(5) for fiscal year 2009,
$10,338,065,000.
For purposes of this subsection, the term `obligation
limitations' means the sum of budget authority and
obligation limitations.''
706 Sec. 901a. Repealed (Pub. L 105-33, Title X, Sec.
10204(a)(1), Aug. 5, 1997, 111 Stat. 702).
Section, Pub.L. 99-177, Sec. 251a, as added Pub.L. 103-
322, Title XXXI, Sec. 310001(g)(1), Sept. 13, 1994, 108
Stat. 2104, related to sequestration with respect to Violent
Crime Reduction Trust Fund.
[[Page 579]]
707 Sec. 902. Enforcing pay-as-you-go.
(a) Purpose
The purpose of this section is to assure that any
legislation enacted before October 1, 2002, affecting direct
spending or receipts that increases the deficit will trigger
an offsetting sequestration.
(b) Sequestration
(1) Timing
Not later than 15 calendar days after the
date Congress adjourns to end a session and on
the same day as a sequestration (if any) under
section 901 or 903 of this title, there shall be
a sequestration to offset the amount of any net
deficit increase caused by all direct spending
and receipts legislation enacted before October
1, 2002, as calculated under paragraph (2).
(2) Calculation of deficit increase
OMB shall calculate the amount of deficit
increase or decrease by adding--
(A) all OMB estimates for the budget
year of direct spending and receipts
legislation transmitted under subsection (d)
of this section;
(B) the estimated amount of savings in
direct spending programs applicable to
budget year resulting from the prior year's
sequestration under this section or section
903 of this title, if any, as published in
OMB's final sequestration report for that
prior year; and
(C) any net deficit increase or decrease
in the current year resulting from all OMB
estimates for the current year of direct
spending and receipts legislation
transmitted under subsection (d) of this
section that were not reflected in the final
OMB sequestration report for the current
year.
(c) Eliminating a deficit increase
(1) The amount required to be sequestered in a fiscal
year under subsection (b) of this section shall be obtained
from non-exempt direct spending accounts from actions taken
in the following order:
(A) First
All reductions in automatic spending
increases specified in section 906(a) of
this title shall be made.
(B) Second
If additional reductions in direct
spending accounts are required to be made,
the maximum reductions permissible under
sections 906(b) (guaranteed and direct
student loans) and 906(c) (foster care and
adoption assistance) of this title shall be
made.
(C) Third
(i) If additional reductions in direct
spending accounts are required to be made,
each remaining non-exempt direct spending
account shall be reduced by the uniform
percentage necessary to make the reductions
in direct spending required by paragraph
(1); except that the medicare programs
specified in section 906(d) of this title
shall not be reduced by more than 4 percent
and the uniform percentage applicable to all
other direct spending programs under this
paragraph shall be increased (if nec
[[Page 580]]
essary) to a level sufficient to achieve the
required reduction in direct spending.
(ii) For purposes of determining
reductions under clause (i), outlay
reductions (as a result of sequestration of
Commodity Credit Corporation commodity price
support contracts in the fiscal year of a
sequestration) that would occur in the
following fiscal year shall be credited as
outlay reductions in the fiscal year of the
sequestration.
(2) For purposes of this subsection, accounts shall be
assumed to be at the level in the baseline.
(d) Estimates
(1) CBO estimates
As soon as practicable after Congress
completes action on any direct spending or
receipts legislation, CBO shall provide an
estimate to OMB of that legislation.
(2) OMB estimates
Not later than 7 calendar days (excluding
Saturdays, Sundays, and legal holidays) after
the date of enactment of any direct spending or
receipts legislation, OMB shall transmit a
report to the House of Representatives and to
the Senate containing--
(A) the CBO estimate of that
legislation;
(B) an OMB estimate of that legislation
using current economic and technical
assumptions; and
(C) an explanation of any difference
between the 2 estimates.
(3) Significant differences
If during the preparation of the report
under paragraph (2) OMB determines that there is
a significant difference between the OMB and CBO
estimates, OMB shall consult with the Committees
on the Budget of the House of Representatives
and the Senate regarding that difference and
that consultation, to the extent practicable,
shall include written communication to such
committees that affords such committees the
opportunity to comment before the issuance of
that report.
(4) Scope of estimates
The estimates under this section shall
include the amount of change in outlays or
receipts for the current year (if applicable),
the budget year, and each outyear excluding any
amounts resulting from--
(A) full finding of, and continuation
of, the deposit insurance guarantee
commitment in effect under current
estimates; and
(B) emergency provisions as designated
under subsection (e) of this section.
(5) Scorekeeping guidelines
OMB and CBO, after consultation with each
other and the Committees on the Budget of the
House of Representatives and the Senate, shall--
(A) determine common scorekeeping
guidelines; and
(B) in conformance with such guidelines,
prepare estimates under this section.
(e) Emergency legislation
If a provision of direct spending or receipts legislation is
enacted that the President designates as an emergency
requirement and that the
[[Page 581]]
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.)
708 Sec. 903. Enforcing deficit targets.
(a) Sequestration
Within 15 calendar days after Congress adjourns to end a
session (other than of the One Hundred First Congress) and
on the same day as a sequestration (if any) under section
901 of this title and section 902 of this title, but after
any sequestration required by section 901 (enforcing
discretionary spending limits) of this title or section 902
(enforcing pay-as-you-go) of this title, there shall be a
sequestration to eliminate the excess deficit (if any
remains) if it exceeds the margin.
(b) Excess deficit; margin
The excess deficit is, if greater than zero, the
estimated deficit for the budget year, minus--
(1) the maximum deficit amount for that
year;
(2) the amounts for that year designated as
emergency direct spending or receipts
legislation under section 902(e) of this title;
and
(3) for any fiscal year in which there is
not a full adjustment for technical and economic
reestimates, the deposit insurance reestimate
for that year, if any, calculated under
subsection (h) of this section.
The ``margin'' for fiscal year 1992 or 1993 is zero and for
fiscal year 1994 or 1995 is $15,000,000,000.
(c) Dividing the sequestration
To eliminate the excess deficit in a budget year, half
of the required outlay reductions shall be obtained from
non-exempt defense accounts (accounts designated as function
050 in the President's fiscal year 1991 budget submission)
and half from non-exempt, non-defense accounts (all other
non-exempt accounts).
(d) Defense
Each non-exempt defense account shall be reduced by a
dollar amount calculated by multiplying the level of
sequestrable budgetary resources in that account at that
time by the uniform percentage necessary to carry out
subsection (c) of this section, except that, if any military
personnel are exempt, adjustments shall be made under the
procedure set forth in section 901(a)(3) of this title.
(e) Non-defense
Actions to reduce non-defense accounts shall be taken in
the following order:
[[Page 582]]
(1) First
All reductions in automatic spending
increases under section 906(a) of this title
shall be made.
(2) Second
If additional reductions in non-defense
accounts are required to be made, the
maximum reduction permissible under sections
906(b) (guaranteed student loans) and 906(c)
(foster care and adoption assistance) of
this title shall be made.
(3) Third
(A) If additional reductions in non-
defense accounts are required to be made,
each remaining non-exempt, non-defense
account shall be reduced by the uniform
percentage necessary to make the reductions
in non-defense outlays required by
subsection (c) of this section, except
that--
(i) the medicare program
specified in section 906(d) of this
title shall not be reduced by more
than 2 percent in total including
any reduction of less than 2 percent
made under section 902 of this title
or, if it has been reduced by 2
percent or more under section 902 of
this title, it may not be further
reduced under this section; and
(ii) the health programs set
forth in section 906(e) of this
title shall not be reduced by more
than 2 percent in total (including
any reduction made under section 901
of this title),
and the uniform percent applicable to all
other programs under this subsection shall
be increased (if necessary) to a level
sufficient to achieve the required reduction
in non-defense outlays.
(B) For purposes of determining
reductions under subparagraph (A), outlay
reduction (as a result of sequestration of
Commodity Credit Corporation commodity price
support contracts in the fiscal year of a
sequestration) that would occur in the
following fiscal year shall be credited as
outlay reductions in the fiscal year of the
sequestration.
(f) Baseline assumptions; part-year appropriations
(1) Budget assumptions
For purposes of subsections (b), (c), (d),
and (e) of this section, accounts shall be
assumed to be at the level in the baseline minus
any reductions required to be made under
sections 901 and 902 of this title.
(2) Part-year appropriations
If, on the date specified in subsection (a)
of this section, there is in effect an Act
making or continuing appropriations for part of
a fiscal year for any non-exempt budget account,
then the dollar sequestration calculated for
that account under subsection (d) or (e) of this
section, as applicable, shall be subtracted
from--
(A) the annualized amount otherwise
available by law in that account under that
or a subsequent part-year appropriation; and
(B) when a full-year appropriation for
that account is enacted, from the amount
otherwise provided by the full-year
appropriation; except that the amount to be
sequestered from that account shall be
reduced (but not below zero) by the savings
achieved
[[Page 583]]
by that appropriation when the enacted
amount is less than the baseline for that
account.
(g) Adjustments to maximum deficit amounts
(1) Adjustments
(A) When the President submits the budget
for fiscal year 1992, the maximum deficit
amounts for fiscal years 1992, 1993, 1994, and
1995 shall be adjusted to reflect up-to-date
reestimates of economic and technical
assumptions and any changes in concepts or
definitions. When the President submits the
budget for fiscal year 1993, the maximum deficit
amounts for fiscal years 1993, 1994, and 1995
shall be further adjusted to reflect up-to-date
reestimates of economic and technical
assumptions and any changes in concepts or
definitions.
(B) When submitting the budget for fiscal
year 1994, the President may choose to adjust
the maximum deficit amounts for fiscal years
1994 and 1995 to reflect up-to-date reestimates
of economic and technical assumptions. If the
President chooses to adjust the maximum deficit
amount when submitting the fiscal year 1994
budget, the President may choose to invoke the
same adjustment procedure when submitting the
budget for fiscal year 1995. In each case, the
President must choose between making no
adjustment or the full adjustment described in
paragraph (2). If the President chooses to make
that full adjustment, then those procedures for
adjusting discretionary spending limits
described in sections 901(b)(1)(C) and
901(b)(2)(E) of this title, otherwise applicable
through fiscal year 1993 or 1994 (as the case
may be), shall be deemed to apply for fiscal
year 1994 (and 1995 if applicable).
(C) When the budget for fiscal year 1994 or
1995 is submitted and the sequestration reports
for those years under section 904 of this title
are made (as applicable), if the President does
not choose to make the adjustments set forth in
subparagraph (B), the maximum deficit amount for
that fiscal year shall be adjusted by the amount
of the adjustment to discretionary spending
limits first applicable for that year (if any)
under section 901(b) of this title.
(D) For each fiscal year the adjustments
required to be made with the submission of the
Presidents budget for that year shall also be
made when OMB submits the sequestration update
report and the final sequestration report for
that year, but OMB shall continue to use the
economic and technical assumptions in the
President's budget for that year.
Each adjustment shall be made by increasing or decreasing
the maximum deficit amounts set forth in section 665 of this
title.
(2) Calculations of adjustments
The required increase or decrease shall be
calculated as follows:
(A) The baseline deficit or surplus
shall be calculated using up-to-date
economic and technical assumptions, using
up-to-date concepts and definitions, and, in
lieu of the baseline levels of discretionary
appropriations, using the discretionary
spending limits set forth in section 665 of
this title as adjusted under section 901 of
this title.
(B) The net deficit increase or decrease
caused by all direct spending and receipts
legislation enacted after the date of
enactment of this section (after adjusting
for any sequestration of
[[Page 584]]
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.)
709 Sec. 904. Reports and orders.
(a) Timetable
The timetable with respect to this subchapter for any
budget year is as follows:
------------------------------------------------------------------------
Date Action to be completed
------------------------------------------------------------------------
January 21........................... Notification regarding optional
adjustment of maximum deficit
amount.
5 days before the President's budget CBO sequestration preview report.
submission.
The President's budget submission.... OMB sequestration preview report.
August 10............................ Notification regarding military
personnel.
August 15............................ CBO sequestration update report.
August 20............................ OMB sequestration update report.
10 days after end of session......... CBO final sequestration report.
15 days after end of session......... OMB final sequestration report;
Presidential order.
------------------------------------------------------------------------
[[Page 585]]
(b) Submission and availability of reports
Each report required by this section shall be submitted,
in the case of CBO, to the House of Representatives, the
Senate and OMB and, in the case of OMB, to the House of
Representatives, the Senate, and the President on the day it
is issued. On the following day a notice of the report shall
be printed in the Federal Register.
(c) Sequestration preview reports
(1) Reporting requirement
On the dates specified in subsection (a) of
this section, OMB and CBO shall issue a preview
report regarding discretionary, pay-as-you-go,
and deficit sequestration based on laws enacted
through those dates.
(2) Discretionary sequestration report
The preview reports shall set forth
estimates for the current year and each
subsequent year through 2002 of the applicable
discretionary spending limits for each category
and an explanation of any adjustments in such
limits under section 901 of this title.
(3) Pay-as-you-go sequestration reports
The preview reports shall set forth, for the
current year and the budget year, estimates for
each of the following:
(A) The amount of net deficit increase
or decrease, if any, calculated under
subsection 902(b) of this title.
(B) A list identifying each law enacted
and sequestration implemented after November
5, 1990 included in the calculation of the
amount of deficit increase or decrease and
specifying the budgetary effect of each such
law.
(C) The sequestration percentage or (if
the required sequestration percentage is
greater than the maximum allowable
percentage for medicare) percentages
necessary to eliminate a deficit increase
under section 902(c) of this title.
(4) Deficit sequestration reports
The preview reports shall set forth for the
budget year estimates for each of the following:
(A) The maximum deficit amount, the
estimated deficit calculated under section
903(b) of this title, and excess deficit,
and the margin.
(B) The amount of reductions required
under section 902 of this title, the excess
deficit remaining after those reductions
have been made, and the amount of reductions
required from defense accounts and the
reductions required from non-defense
accounts.
(C) The sequestration percentage
necessary to achieve the required reduction
in defense accounts under section 903(d) of
this title.
(D) The reductions required under
sections 903(e)(1) and 903(e)(2) of this
title.
(E) The sequestration percentage
necessary to achieve the required reduction
in non-defense accounts under section
903(e)(3) of this title.
The CBO report need not set forth the items
other than the maximum deficit amount for fiscal
year 1992, 1993, or any fiscal year for which
the President notifies the House of
Representatives
[[Page 586]]
and the Senate that he will adjust the maximum
deficit amount under the option under section
903(g)(1)(B) of this title.
(5) Explanation of differences
The OMB reports shall explain the
differences between OMB and CBO estimates for
each item set forth in this subsection.
(d) Notification regarding military personnel
On or before the date specified in subsection (a) of
this section, the President shall notify the Congress of the
manner in which he intends to exercise flexibility with
respect to military personnel accounts under section 905(f)
of this title.
(e) Sequestration update reports
On the dates specified in subsection (a) of this
section, OMB and CBO shall issue a sequestration updated
report, reflecting laws enacted through those dates,
containing all of the information required in the
sequestration preview reports.
(f) Final sequestration reports
(1) Reporting requirement
On the dates specified in subsection (a) of
this section, OMB and CBO shall issue a final
sequestration report, updated to reflect laws
enacted through those dates.
(2) Discretionary sequestration reports
The final reports shall set forth estimates
for each of the following:
(A) For the current year and each
subsequent year through 2002 the applicable
discretionary spending limits for each
category and an explanation of any
adjustments in such limits under section 901
of this title.
(B) For the current year and the budget
year the estimated new budget authority and
outlays for each category and the breach, if
any, in each category.
(C) For each category for which a
sequestration is required, the sequestration
percentages necessary to achieve the
required reduction.
(D) For the budget year, for each
account to be sequestered, estimates of the
baseline level of sequestrable budgetary
resources and resulting outlays and the
amount of budgetary resources to be
sequestered and resulting outlay reductions.
(3) Pay-as-you-go and deficit sequestration reports
The final reports shall contain all the
information required in the pay-as-you-go and
deficit sequestration preview reports. In
addition, these reports shall contain, for the
budget year, for each account to be sequestered,
estimates of the baseline level of sequestrable
budgetary resources and resulting outlays and
the amount of budgetary resources to be
sequestered and resulting outlay reductions. The
reports shall also contain estimates of the
effects on outlays of the sequestration in each
outyear for direct spending programs.
(4) Explanation of differences
The OMB report shall explain any differences
between OMB and CBO estimates of the amount of
any net deficit change calculated under
subsection 902(b) of this title, any excess
deficit, any breach, and any required
sequestration percentage. The OMB report shall
[[Page 587]]
also explain differences in the amount of
sequestrable resources for any budget account to
be reduced if such difference is greater than
$5,000,000.
(5) Presidential order
On the date specified in subsection (a) of
this section, if in its final sequestration
report OMB estimates that any sequestration is
required, the President shall issue an order
fully implementing without change all
sequestrations required by the OMB calculations
set forth in that report. This order shall be
effective on issuance.
(g) Within-session sequestration reports and order
If an appropriation for a fiscal year in progress is
enacted (after Congress adjourns to end the session for that
budget year and before July 1 of that fiscal year) that
causes a breach, 10 days later CBO shall issue a report
containing the information required in paragraph\1\ (f)(2).
Fifteen days after enactment, OMB shall issue a report
containing the information required in paragraphs\1\ (f)(2)
and (f)(4). On the same day as the OMB report, the President
shall issue an order fully implementing without change all
sequestrations required by the OMB calculations set forth in
that report. This order shall be effective on issuance.
\1\So in original. Probably should be followed by
``subparagraph''.
(h) GAO compliance report
Upon request of the Committee on the Budget of the House
of Representatives or the Senate, the Comptroller General
shall submit to the Congress and the President a report on--
(1) the extent to which each order issued by
the President under this section complies with
all of the requirements contained in this
subchapter, either certifying that the order
fully and accurately complies with such
requirements or indicating the respects in which
it does not; and
(2) the extent to which each report issued
by OMB or CBO under this section complies with
all of the requirements contained in this
subchapter, either certifying that the report
fully and accurately complies with such
requirements or indicating the respect in which
it does not.
(i) Low-growth report
At any time, CBO shall notify the Congress if--
(1) during the period consisting of the
quarter during which such notification is given,
the quarter preceding such notification, and the
4 quarters following such notification, CBO or
OMB has determined that real economic growth is
projected or estimated to be less than zero with
respect to each of any 2 consecutive quarters
within such period; or
(2) the most recent of the Department of
Commerce's advance preliminary or final reports
of actual real economic growth indicate that the
rate of real economic growth for each of the
most recently reported quarter and the
immediately preceding quarter is less than one
percent.
(j) Economic and technical assumptions
In all reports required by this section, OMB shall use
the same economic and technical assumptions as used in the
most recent budget
[[Page 588]]
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.)
710 Sec. 905. Exempt programs and activities.
(a) Social security benefits and tier I railroad retirement
benefits
Benefits payable under the old-age, survivors, and
disability insurance program established under Title II of
the Social Security Act [42 U.S.C. 401 et seq.], and
benefits payable under section 231b(a), 231b(f)(3), 231c(a),
or 231c(f) of Title 45, shall be exempt from reduction under
any order issued under this subchapter.
(b) Veterans programs
The following programs shall be exempt from reduction
under any order issued under this subchapter:
National Service Life Insurance Fund (36-
8132-0-7-701);
Service-Disabled Veterans Insurance Fund
(36-4012-0-3-701);
Veterans Special Life Insurance Fund (36-
8455-0-8-701);
Veterans Reopened Insurance Fund (36-4010-0-
3-701);
United States Government Life Insurance Fund
(36-8150-0-7-701);
Veterans Insurance and Indemnities (36-0120-
0-1-701);
Special Therapeutic and Rehabilitation
Activities (36-4048-0-3-703);
Canteen Service Revolving Fund (36-4014-0-3-
705);
Benefits under chapter 21 of Title 38
relating to specially adapted housing and
mortgage-protection life insurance for certain
veterans with service-connected disabilities
(36-0120-0-1-701);
Benefits under section 2307 of Title 38
relating to burial benefits for veterans who die
as a result of service-connected disability (36-
0155-0-1-701);
Benefits under chapter 39 of Title 38
relating to automobiles and adaptive equipment
for certain disabled veterans and members of the
Armed Forces (36-0137-0-1-702);
Compensation (36-0153-0-1-701); and
Pensions (36-0154-0-1-701);
Benefits under chapter 35 of Title 38,
United States Code, related to educational
assistance for survivors and dependents of
certain veterans with service-connected
disabilities (36-0137-0-1-702);
Assistance and services under chapter 31 of
Title 38, United States Code, relating to
training and rehabilitation for certain veterans
with service-connected disabilities (36-0137-0-
1-702);
Benefits under subchapters I, II, and III of
chapter 37 of Title 38, United States Code,
relating to housing loans for certain veterans
and for the spouses and surviving spouses of
certain veterans Guaranty and Indemnity Program
Account (36-1119-0-1-704);
Loan Guaranty Program Account (36-1025-0-1-
704); and
[[Page 589]]
Direct Loan Program Account (36-1024-0-1-
704).
(c) Net interest
No reduction of payments for net interest (all of major
functional category 900) shall be made under any order
issued under this subchapter.
(d) Earned Income tax credit
Payments to individuals made pursuant to section 32 of
Title 26 shall be exempt from reduction under any order
issued under this subchapter.
(e) Non-defense unobligated balances
Unobligated balances of budget authority carried over
from prior fiscal years, except balances in the defense
category, shall be exempt from reduction under any order
issued under this subchapter.
(f) Optional exemption of military personnel
(1) In general
The President may, with respect to any
military personnel account, exempt that account
from sequestration or provide for a lower
uniform percentage reduction than would
otherwise apply.
(2) Limitation
The President may not use the authority
provided by paragraph (1) unless the President
notifies the Congress of the manner in which
such authority will be exercised on or before
the date specified in section 904(a) of this
title for the budget year.
(g) Other programs and activities
(1)(A) the following budget accounts and activities
shall be exempt from reduction under any order issued under
this subchapter:
Activities resulting from private donations,
bequests, or voluntary contributions to the
Government;
Activities financed by voluntary payments to
the Government for goods or services to be
provided for such payments;
Administration of Territories, Northern
Mariana Islands Covenant grants (14-0412-0-1-
806);
Alaska Power Administration, Operations and
maintenance (89-0304-0-1-271);
Appropriations for the District of Columbia
(to the extent they are appropriations of
locally raised funds);
Bonneville Power Administration fund and
borrowing authority established pursuant to
section 13 of Public Law 93-454 (1974), as
amended [16 U.S.C. 838k] (89-4045-0-3-271);
Bureau of Indian Affairs, Indian land and
water claims settlements and miscellaneous
payments to Indians (14-2303-0-1-452);
Bureau of Indian Affairs Miscellaneous trust
funds (14-9973-0-7-999);
Claims, judgments, and relief acts (20-1895-
0-1-808);
Compact of Free Association (14-0415-0-1-
808);
Compensation of the President (11-0001-0-1-
802);
Conservation Reserve Program (12-2319-0-1-
302);
Customs Service, miscellaneous permanent
appropriations (20-9922-0-2-806);
[[Page 590]]
Comptroller of the Currency, Assessment
funds (20-8413-0-8-373);
Dual benefits payments account (60-0111-0-1-
601);
Exchange stabilization fund (20-4444-0-3-
155);
Farm Credit Administration, Limitation on
Administrative Expenses (78-4131-0-3-351);
Farm Credit System Financial Assistance
Corporation, interest payment (20-1850-0-1-908);
Farm Credit System Financial Assistance
Corporation, interest payments (20-1850-0-1-
351);
Federal Deposit Insurance Corporation, Bank
Insurance Fund (51-4064-0-3-373);
Federal Deposit Insurance Corporation, FSLIC
Resolution Fund (51-4065-0-3-373);
Federal Deposit Insurance Corporation,
Savings Association Insurance Fund (51-4066-0-3-
373);
Federal Housing Finance Board (95-4039-0-3-
371);
Federal payment to the railroad retirement
accounts (60-0113-0-1-601);
Foreign military sales trust fund (11-8242-
0-7-155);
Health professions graduate student loan
insurance fund program account (75-0340-0-1-
552);
Higher education facilities loans (91-0240-
01-502);
Internal Revenue Collections for Puerto Rico
(20-5737-0-2-806);
Intragovernmental funds, including those
from which the outlays are derived primarily
from resources paid in from other government
accounts, except to the extent such funds are
augmented by direct appropriations for the
fiscal year during which an order is in effect;
Panama Canal Commission, Panama Canal
Revolving Fund (95-4061-0-3-403);
Medical facilities guarantee and loan fund,
Federal interest subsidies for medical
facilities (75-9931-0-3-550);
National Credit Union Administration
operating fund (25-4056-0-3-373);
National Credit Union Administration,
Central liquidity facility (25-4470-0-3-373);
National Credit Union Administration, Credit
union share insurance fund (25-4468-0-3-373);
Office of Thrift Supervision (20-4108-0-3-
373);
Payment of Vietnam and USS Pueblo prisoner-
of-war claims (15-0104-0-1-153);
Payment to civil service retirement and
disability fund (24-0200-0-1-805);
Payment to Judiciary Trust Funds (10-0941-0-
1-752);
Payments to copyright owners (03-5175-0-2-
376);
Payments to health care trust funds (75-
0580-1-571);
Payments to military retirement fund (97-
0040-0-1-054);
Payments to social security trust funds (75-
0404-0-1-651);
Payments to the foreign service retirement
and disability fund (11-1036-0-1-153 and 19-
0540-0-1-153);
Payments to trust funds from excise taxes or
other receipts properly creditable to such trust
funds;
[[Page 591]]
Payments to the United States territories,
fiscal assistance (14-0418-0-1-806);
Payments to widows and heirs of deceased
Members of Congress (00-0215-0-1-801);
Postal service fund (18-4020-0-3-372);
Resolution Trust Corporation Revolving Fund
(22-4055-0-3-373);
Salaries of Article III judges;
Soldiers and Airmen's Home, payment of
claims (84-8930-0-7-705);
Southeastern Power Administration,
Operations and maintenance (89-0302-0-1-271);
Southwestern Power Administration,
Operations and maintenance (89-0303-0-1-271);
Tennessee Valley Authority Fund, except non-
power programs and activities (64-4110-0-3-999);
Thrift Savings Fund;
United States Enrichment Corporation (95-
4054-0-3-271);
Vaccine Injury Compensation (75-0320-0-1-
551);
Vaccine Injury Compensation Program Trust
Fund (20-8175-0-7-551);
United States Enrichment Corporation;
Washington Metropolitan Area Transit
Authority, interest payments (46-0300-0-1-401);
Western Area Power Administration,
Construction, rehabilitation, operations, and
maintenance (89-5068-0-2-271); and
Western Area Power Administration, Colorado
River basins power marketing fund (89-4452-0-3-
271).
(B) The following Federal retirement and disability
accounts and activities shall be exempt from reduction under
any order issued under this subchapter:
Black Lung Disability Trust Fund (20-8144-0-
7-601);
Central Intelligence Agency retirement and
disability system fund (56-3400-0-1-054);
Civil service retirement and disability fund
(24-8135-0-7-602);
Comptrollers general retirement system (05-
0107-0-1-801);
Foreign service retirement and disability
fund (19-8186-0-7-602);
Judicial survivors' annuities fund (10-8110-
0-7-602);
Judicial Officers' Retirement Fund (10-8122-
0-7-602);
Claims Judges' Retirement Fund (10-8124-0-7-
602);
Special workers compensation expenses,
Longshoremen's and harborworkers' compensation
benefits (16-9971-0-7-601);
Military retirement fund (97-8097-0-7-602);
National Oceanic and Atmospheric
Administration retirement (13-1450-0-1-306);
Pensions for former Presidents (47-0105-0-1-
802);
Railroad Industry Pension Fund (60-8011-0-7-
601);
Railroad supplemental annuity pension fund
(60-8012-0-7-602);
Retired pay, Coast Guard (69-0241-0-1-403);
Retirement pay and medical benefits for
commissioned officers, Public Health Service
(74-0379-0-1-551);
Special benefits, Federal Employees'
Compensation Act (16-1521-0-1-600);
Special benefits for disabled coal miners
(75-0409-0-1-601); and
[[Page 592]]
Tax Court judges survivors annuity fund (23-
8115-0-7-602);
(2) Prior legal obligations of the Government in the
following budget accounts and activities shall be exempt
from any order issued under this subchapter:
Biomass energy development (20-0114-0-1-
271);
United States Treasury check forgery
insurance fund (20-4109-0-3-803);
Credit liquidating accounts;
Employees life insurance fund (24-8424-0-8-
602);
Energy security reserve (Synthetic Fuels
Corporation) (20-0112-0-1-271);
Federal Aviation Administration, Aviation
insurance revolving fund (69-4120-0-3-402);
Federal Crop Insurance Corporation fund (12-
4085-0-3-351);
Federal Emergency Management Agency,
National flood insurance fund (58-4236-0-3-453);
Federal Emergency Management Agency,
National insurance development fund (58-4235-0-
3-451);
Geothermal resources development fund (89-
0206-0-1-271);
Homeowners assistance fund, Defense (97-
4090-0-3-051);
International Trade Administration,
Operations and administration (13-1250-0-1-376);
Low-rent public housing, Loans and other
expenses (86-4098-0-3-604);
Maritime Administration, War-risk insurance
revolving fund (69-4302-0-3-403);
Overseas Private Investment Corporation (71-
4030-0-3-151);
Pension Benefit Guaranty Corporation fund
(16-4204-0-3-601);
Rail service assistance (69-0122-0-1-401);
Department of Veterans Affairs, Servicemen's
group life insurance fund (36-4009-0-3-701).
(h) Low-income programs
The following programs shall be exempt from reduction
under any order issued under this subchapter:
Block grants to States for temporary
assistance for needy families;
Child nutrition programs (with the exception
of special milk programs) (12-3539-0-1-605);
Temporary assistance for needy families (75-
1552-0-1-609);
Contingency fund (75-1522-0-1-609);
Child care entitlement to States (75-1550-0-
1-609);
Commodity supplemental food program (12-
3512-0-1-605);
Food stamp programs (12-3505-0-1-605 and 12-
3550-0-1-605);
Grants to States for Medicaid (75-0512-0-1-
551);
Supplemental Security Income Program (75-
0406-0-1-609); and
Special supplemental nutrition program for
women, infants, and children (WIC) (12-3510-0-1-
605);
Family support payments to States (75-1501-
0-1-609).
(i) Identification of programs
For purposes of subsections (b), (g), and (h) of this
section, each account is identified by the designated budget
account identification code number set forth in the Budget
of the United States Government 1998--
[[Page 593]]
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).
711 Sec. 906. General and special sequestration rules.
(a) Automatic spending increases
Automatic spending increases are increases in outlays
due to changes in indexes in the following programs:
(1) Special milk program; and
(2) Vocational rehabilitation basic State
grants.
In those programs all amounts other than the automatic
spending increases shall be exempt from reduction under any
order issued under this subchapter.
(b) Student loans
For all student loans under part B or D of Title IV of
the Higher Education Act of 1965 [20 U.S.C. 1071 et seq.,
1087a et seq.] made during the period when a sequestration
order under section 904 of this title is in effect as
required by section 902 or 903 of this title, origination
fees under sections 438(c)(2) and 455(c) of that Act [20
U.S.C. 1087-1(c)(2) and 1087e(c)] shall each be increased by
0.50 percentage point.
(c) Treatment of foster care and adoption assistance
programs
Any order issued by the President under section 904 of
this title shall make the reduction which is otherwise
required under the foster care and adoption assistance
programs (established by part E of Title IV of the Social
Security Act [42 U.S.C. 670 et seq.]) only with respect to
payments and expenditures made by States in which increases
in foster care maintenance payment rates or adoption
assistance payment rates (or both) are to take effect during
the fiscal year involved, and only to the extent that the
required reduction can be accomplished by applying a uniform
percentage reduction to the Federal matching payments that
each such State would otherwise receive under section 474 of
that Act [42 U.S.C. 674] (for such fiscal year) for that
portion of the State's payments which is attributable to the
increases taking effect during that year. No State's
matching payments from the Federal Government for foster
care maintenance payments or for adoption assistance
maintenance payments may be reduced by a percentage
exceeding the applicable domestic sequestration percentage.
No State may, after December 12, 1985, make any change in
the timetable for making payments under a State plan
approved under part E of Title IV of the
[[Page 594]]
Social Security Act which has the effect of changing the
fiscal year in which expenditures under such part are made.
(d) Special rules for Medicare program
(1) Calculation of reduction in individual payment
amounts
To achieve the total percentage reduction in
those programs required by sections 902 and 903
of this title, and notwithstanding section 710
of the Social Security Act [42 U.S.C. 911], OMB
shall determine, and the applicable Presidential
order under section 904 of this title shall
implement, the percentage reduction that shall
apply to payments under the health insurance
programs under Title XVIII of the Social
Security Act [42 U.S.C. 1395 et seq.] for
services furnished after the order is issued,
such that the reduction made in payments under
that order shall achieve the required total
percentage reduction in those payments for that
fiscal year as determined on a 12-month basis.
(2) Timing of application of reductions
(A) In general
Except as provided in subparagraph (B),
if a reduction is made under paragraph (1)
in payment amounts pursuant to a
sequestration order, the reduction shall be
applied to payment for services furnished
during the effective period of the order.
For purposes of the previous sentence, in
the case of inpatient services furnished for
an individual, the services shall be
considered to be furnished on the date of
the individual's discharge from the
inpatient facility.
(B) Payment on the basis of cost reporting
periods
In the case in which payment for
services of a provider of services is made
under Title XVIII of the Social Security Act
[42 U.S.C. 1395 et seq.] on a basis relating
to the reasonable cost incurred for the
services during a cost reporting period of
the provider, if a reduction is made under
paragraph (1) in payment amounts pursuant to
a sequestration order, the reduction shall
be applied to payment for costs for such
services incurred at any time during each
cost reporting period of the provider any
part of which occurs during the effective
period of the order, but only (for each such
cost reporting period) in the same
proportion as the fraction of the cost
reporting period that occurs during the
effective period of the order.
(3) No increase in beneficiary charges in assignment-
related cases
If a reduction in payment amounts is made
under paragraph (1) for services for which
payment under part B of Title XVIII of the
Social Security Act [42 U.S.C. 1395j et seq.] is
made on the basis of an assignment described in
section 1842(b)(3)(B)(ii) [42 U.S.C.
1395u(b)(3)(B)(ii)], in accordance with section
1842(b)(6)(B) [42 U.S.C. 1395u(b)(6)(B)], or
under the procedure described in section
1870(f)(1) [42 U.S.C. 1395gg(f)(1)], of such
Act, the person furnishing the services shall be
considered to have accepted payment of the
reasonable charge for the services, less any
reduction in payment amount made pursuant to a
sequestration order, as payment in full.
(4) No effect on computation of AAPCC
In computing the adjusted average per capita
cost for purposes of section 1876(a)(4) of the
Social Security Act [42 U.S.C.
[[Page 595]]
1395mm(a)(4)], the Secretary of Health and Human
Services shall not take into account any
reductions in payment amounts which have been or
may be affected under this subchapter.
(e) Community and migrant health centers, Indian health
services and facilities, and veterans' medical care
(1) The maximum permissible reduction in budget
authority for any account listed in paragraph (2) for any
fiscal year, pursuant to an order issued under section 904
of this title, shall be 2 percent.
(2) The accounts referred to in paragraph (1) are as
follows:
(A) Community health centers (75-0350-0-1-
550).
(B) Migrant health centers (75-0350-0-1-
550).
(C) Indian health facilities (75-0391-0-1-
551).
(D) Indian health services (75-0390-0-1-
551).
(E) Veterans' medical care (36-0160-0-1-
703).
For purposes of the preceding provisions of this paragraph,
programs are identified by the designated budget account
identification code numbers set forth in the Budget of the
United States Government--Appendix.
(f) Treatment of child support enforcement program
Notwithstanding any change in the display of budget
accounts, any order issued by the President under section
904 of this title shall accomplish the full amount of any
required reduction in expenditures under sections 455 and
458 of the Social Security Act (42 U.S.C. 655, 658) by
reducing the Federal matching rate for State administrative
costs under such program, as specified (for the fiscal year
involved) in section 455(a) of such Act, to the extent
necessary to reduce such expenditures by that amount.
(g) Federal pay
(1) In general
For purposes of any order issued under
section 904 of this title--
(A) Federal pay under a statutory pay
system, and
(B) elements of military pay,
shall be subject to reduction under an order in the
same manner as other administrative expense
components of the Federal budget; except that no
such order may reduce or have the effect of reducing
the rate of pay to which any individual is entitled
under any such statutory pay system (as increased by
any amount payable under section 5304 of Title 5 or
section 302 of the Federal Employees Pay
Comparability Act of 1990) or the rate of any
element of military pay to which any individual is
entitled under Title 37, or any increase in rates of
pay which is scheduled to take effect under section
5303 of Title 5, section 1009 of Title 37, or any
other provision of law.
(2) Definitions
For purposes of this subsection:
(A) The term ``statutory pay system''
shall have the meaning given that term in
section 5302(1) of Title 5.
(B) The term ``elements of military
pay'' means--
(i) the elements of compensation
of members of the uniformed services
specified in section 1009 of Title
37,
[[Page 596]]
(ii) allowances provided members
of the uniformed services under
sections 403a and 405 of such title,
and
(iii) cadet pay and midshipman
pay under section 203(c) of such
title.
(C) The term ``uniformed services''
shall have the meaning given that term in
section 101(3) of Title 37.
(h) Treatment of Federal administrative expenses
(1) Notwithstanding any other provision of this title,
administrative expenses incurred by the departments and
agencies, including independent agencies, of the Federal
Government in connection with any program, project,
activity, or account shall be subject to reduction pursuant
to an order issued under section 904 of this title, without
regard to any exemption, exception, limitation, or special
rule which is otherwise applicable with respect to such
program, project, activity, or account under this
subchapter.
(2) Notwithstanding any other provision of law,
administrative expenses of any program, project, activity,
or account which is self-supporting and does not receive
appropriations shall be subject to reduction under a
sequester order, unless specifically exempted in this part.
(3) Payments made by the Federal Government to reimburse
or match administrative costs incurred by a State or
political subdivision under or in connection with any
program, project, activity, or account shall not be
considered administrative expenses of the Federal Government
for purposes of this section, and shall be subject to
reduction or sequestration under this subchapter to the
extent (and only to the extent) that other payments made by
the Federal Government under or in connection with that
program, project, activity, or account are subject to such
reduction or sequestration; except that Federal payments
made to a State as reimbursement of administrative costs
incurred by such State under or in connection with the
unemployment compensation programs specified in subsection
(h)(1) of this section shall be subject to reduction or
sequestration under this subchapter notwithstanding the
exemption otherwise granted to such programs under that
subsection.
(4) Notwithstanding any other provision of law, this
subsection shall not apply with respect to the following:
(A) Comptroller of the Currency.
(B) Federal Deposit Insurance Corporation.
(C) Office of Thrift Supervision.
(D) National Credit Union Administration.
(E) National Credit Union Administration,
central liquidity facility.
(F) Federal Retirement Thrift Investment
Board.
(G) Resolution Trust Corporation.
(H) Farm Credit Administration.
(i) Treatment of payments and advances made with respect to
unemployment compensation programs
(1) For purposes of section 904 of this title--
(A) any amount paid as regular unemployment
compensation by a State from its account in the
Unemployment Trust Fund (established by section
904(a) of the Social Security Act [42 U.S.C.
1104(a)]),
[[Page 597]]
(B) any advance made to a State from the
Federal unemployment account (established by
section 904(g) of such Act [42 U.S.C. 1104(g)])
under Title XII of such Act [42 U.S.C. 1321 et
seq.] and any advance appropriated to the
Federal unemployment account pursuant to section
1203 of such Act [42 U.S.C. 1323], and
(C) any payment made from the Federal
Employees Compensation Account (as established
under section 909 of such Act [42 U.S.C. 1109])
for the purpose of carrying out chapter 85 of
Title 5 and funds appropriated or transferred to
or otherwise deposited in such Account,
shall not be subject to reduction.
(2)(A) A State may reduce each weekly benefit payment
made under the Federal-State Extended Unemployment
Compensation Act of 1970 for any week of unemployment
occurring during any period with respect to which payments
are reduced under an order issued under section 904 of this
title by a percentage not to exceed the percentage by which
the Federal payment to the State under section 204 of such
Act is to be reduced for such week as a result of such
order.
(B) A reduction by a State in accordance with
subparagraph (A) shall not be considered as a failure to
fulfill the requirements of section 3304(a)(11) of Title 26.
(j) Commodity Credit Corporation
(1) Powers and authorities of the Commodity Credit
Corporation
This title shall not restrict the Commodity
Credit Corporation in the discharge of its
authority and responsibility as a corporation to
buy and sell commodities in world trade, to use
the proceeds as a revolving fund to meet other
obligations and otherwise operate as a
corporation, the purpose of which it was
created.
(2) Reduction in payments made under contracts
(A) Loan eligibility under any contract
entered into with a person by the Commodity
Credit Corporation prior to the time an order
has been issued under section 904 of this title
shall not be reduced by an order subsequently
issued. Subject to subparagraph (B), after an
order is issued under such section for a fiscal
year, any cash payments for loans or loan
deficiencies made by the Commodity Credit
Corporation shall be subject to reduction under
the order.
(B) Each loan contract entered into with
producers or producer cooperatives with respect
to a particular crop of a commodity and subject
to reduction under subparagraph (A) shall be
reduced in accordance with the same terms and
conditions. If some, but not all, contracts
applicable to a crop of a commodity have been
entered into prior to the issuance of an order
under section 904 of this title, the order shall
provide that the necessary reduction in payments
under contracts applicable to the commodity be
uniformly applied to all contracts for the next
succeeding crop of the commodity, under the
authority provided in paragraph (3).
(3) Delayed reduction in outlays permissible
Notwithstanding any other provision of this
title, if an order under section 904 of this
title is issued with respect to a fiscal year,
any reduction under the order applicable to
contracts described in paragraph (1) may provide
for reductions in outlays for the account
involved to occur in the fiscal year following
the fiscal year to which the order applies.
[[Page 598]]
(4) Uniform percentage rate of reduction and other
limitations
All reductions described in paragraph (2)
which are required to be made in connection with
an order issued under section 904 of this title
with respect to a fiscal year shall be made so
as to ensure that outlays for each program,
project, activity, or account involved are
reduced by a percentage rate that is uniform for
all such programs, projects, activities, and
accounts, and may not be made so as to achieve a
percentage rate of reduction in any such item
exceeding the rate specified in the order.
(5) Dairy program
Notwithstanding any other provision of this
subsection, as the sole means of achieving any
reduction in outlays under the milk price
support program, the Secretary of Agriculture
shall provide for a reduction to be made in the
price received by producers for all milk
produced in the United States and marketed by
producers for commercial use. That price
reduction (measured in cents per hundred weight
of milk marketed) shall occur under section
201(d)(2)(A) of the Agricultural Act of 1949 (7
U.S.C. 1446(d)(2)(A)), shall begin on the day
any sequestration order is issued under section
904 of this title, and shall not exceed the
aggregate amount of the reduction in outlays
under the milk price support program that
otherwise would have been achieved by reducing
payments for the purchase of milk or the
products of milk under this subsection during
the applicable fiscal year.
(6) Certain authority not to be limited
Nothing in this joint resolution shall limit
or reduce, in any way, any appropriation that
provides the Commodity Credit Corporation with
budget authority to cover the Corporation's net
realized losses.
(k) Effects of sequestration
The effects of sequestration shall be as follows:
(1) Budgetary resources sequestered from any
account shall be permanently cancelled, except
as provided in paragraph (5).
(2) Except as otherwise provided, the same
percentage sequestration shall apply to all
programs, projects, and activities within a
budget account (with programs, projects, and
activities as delineated in the appropriation
Act or accompanying report for the relevant
fiscal year covering that account, or for
accounts not included in appropriation Acts, as
delineated in the most recently submitted
President's budget).
(3) Administrative regulations or similar
actions implementing a sequestration shall be
made within 120 days of the sequestration order.
To the extent that formula allocations differ at
different levels of budgetary resources within
an account, program, project, or activity, the
sequestration shall be interpreted as producing
a lower total appropriation, with the remaining
amount of the appropriation being obligated in a
manner consistent with program allocation
formulas in substantive law.
(4) Except as otherwise provided,
obligations in sequestered accounts shall be
reduced only in the fiscal year in which a
sequester occurs.
(5) If an automatic spending increase is
sequestered, the increase (in the applicable
index) that was disregarded as a result of that
[[Page 599]]
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.)
712 Sec. 907. The baseline.
(a) In general
For any budget year, the baseline refers to a projection
of current-year levels of new budget authority, outlays,
revenues, and the surplus or deficit into the budget year
and the outyears based on laws enacted through the
applicable date.
(b) Direct spending and receipts
For the budget year and each outyear, the baseline shall
be calculated using the following assumptions:
(1) In general
Laws providing or creating direct
spending and receipts are assumed to operate
in the manner specified in those laws for
each such year and funding for entitlement
authority is assumed to be adequate to make
all payments required by those laws.
(2) Exceptions
(A)(i) No program established by a law
enacted on or before August 5, 1997, with
estimated current year outlays greater than
$50,000,000 shall be assumed to expire in
the budget year or the outyears. The scoring
of new programs with estimated outlays
greater than $50,000,000 a year shall be
based on scoring by the Committees on Budget
or OMB, as applicable. OMB, CBO, and the
Budget Committees shall consult on the
scoring of such programs where there are
differences between CBO and OMB.
(ii) On the expiration of the suspension
of a provision of law that is suspended
under section 171 of Public Law 104-127 and
that authorizes a program with estimated
fiscal year outlays that are greater than
$50,000,000, for purposes of clause (i), the
program shall be assumed to continue to
operate in the same manner as the program
operated immediately before the expiration
of the suspension.
(B) The increase for veterans'
compensation for a fiscal year is assumed to
be the same as that required by law for
veterans' pensions unless otherwise provided
by law enacted in that session.
[[Page 600]]
(C) Excise taxes dedicated to a trust
fund, if expiring, are assumed to be
extended at current rates.
(D) If any law expires before the budget
year or any outyear, then any program with
estimated current year outlays greater than
$50,000,000 that operates under the law
shall be assumed to continue to operate
under that law as in effect immediately
before its expiration.
(3) Hospital Insurance Trust Fund
Notwithstanding any other provision of
law, the receipts and disbursements of the
Hospital Insurance Trust Fund shall be
included in all calculations required by
this Act.
(c) Discretionary appropriations
For the budget year and each outyear, the baseline shall
be calculated using the following assumptions regarding all
amounts other than those covered by subsection (b) of this
section:
(1) Inflation of current-year appropriations
Budgetary resources other than
unobligated balances shall be at the level
provided for the budget year in full-year
appropriation Acts. If for any account a
full-year appropriation has not yet been
enacted, budgetary resources other than
obligated balances shall be at the level
available in the current year, adjusted
sequentially and cumulatively for expiring
housing contracts as specified in paragraph
(2), for social insurance administrative
expenses as specified in paragraph (3), to
offset pay absorption and for pay
annualization as specified in paragraph (4),
for inflation as specified in paragraph (5),
and to account for changes required by law
in the level of agency payments for
personnel benefits other than pay.
(2) Expiring housing contracts
New budget authority to renew expiring
multiyear subsidized housing contracts shall
be adjusted to reflect the difference in the
number of such contracts that are scheduled
to expire in that fiscal year and the number
expiring in the current year, with the per-
contract renewal cost equal to the average
current year cost of renewal contracts.
(3) Social insurance administrative expenses
Budgetary resources for the
administrative expenses of the following
trust funds shall be adjusted by the
percentage change in the beneficiary
population from the current year to that
fiscal year: the Federal Hospital Insurance
Trust Fund, the Supplementary Medical
Insurance Trust Fund, the Unemployment Trust
Fund, and the railroad retirement account.
(4) Pay annualization; offset to pay
absorption
Current-year new budget authority for
Federal employees shall be adjusted to
reflect the full 12-month costs (without
absorption) of any pay adjustment that
occurred in that fiscal year.
(5) Inflators
The inflator used in paragraph (1) to
adjust budgetary resources relating to
personnel shall be the percent by which the
average of the Bureau of Labor Statistics
Employment Cost Index (wages and salaries,
private industry workers) for that fiscal
year differs from such index for the current
year. The
[[Page 601]]
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.)
713 Sec. 907a. Suspension in event of war or low growth.
Effective and Termination Dates
Section 14002(c)(3) of Pub.L. 103-66, Title XIV, Aug.
10, 1993, 107 Stat. 684, which provided a termination date
for this section was repealed by Pub.L. 105-33, Title X,
Sec. 10212(b), Aug. 5, 1997, 111 Stat. 712. See Effective
and Termination Dates of 1997 Acts note under section 900 of
this title.
For effective and termination dates of this section by
section 275 of Pub.L. 99-177 as amended through Pub.L. 105-
33, Title X, Sec. 10212(a), Aug. 5, 1997, 111 Stat. 712, see
Effective and Termination Dates of 1987 Acts note under
section 900 of this title.
HISTORICAL AND STATUTORY NOTES
References in Text
Section 254(j) and section 254 of the Balanced
Budget and Emergency Deficit Control Act of 1985,
referred to in subsec. (a)(1), (2)(A), mean section
254 of Pub.L. 99-177, which is classified to section
904 of this title, and was amended by Pub.L. 105-33,
Title X, Sec. 10206(1), Aug. 5, 1997, 111 Stat. 704,
by redesignating subsecs. (j) and (k) as (i) and
(j), respectively.
Prior Provisions
Another section 258 of Pub.L. 99-177, relating
to modification of presidential order, was added by
Pub.L. 100-119, Title I, Sec. 105(a), classified to
section 908 of this title, and repealed by Pub.L.
105-33, Title X, Sec. 10210, August 5, 1997, 111
Stat. 711.
[[Page 602]]
714 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.
715 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.
716 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.
717 Sec. 908. Repealed (Pub.L. 105-33, Title X, Sec. 10210, Aug.
5, 1997, 111 Stat. 711).
HISTORICAL AND STATUTORY NOTES
Section, Pub.L. 99-177, Title II, Sec. 258, as added
Pub.L. 100-119, Title I, Sec. 105(a), Sept. 29, 1987, 101
Stat. 778, related to modification of presidential order.
Subchapter II.--Operation and Review
718 Sec. 921. Transferred.
719 Sec. 922. Judicial review.
(a) Expedited review
(1) Any Member of Congress may bring an action, in the
United States District Court for the District of Columbia,
for declaratory judgment and injunctive relief on the ground
that any order that might be issued pursuant to section 904
of this title violates the Constitution.
(2) Any Member of Congress, or any other person
adversely affected by any action taken under this title, may
bring an action, in the United States District Court for the
District of Columbia, for declaratory judgment and
injunctive relief concerning the constitutionality of this
title.
(3) Any Member of Congress may bring an action, in the
United States District Court for the District of Columbia,
for declaratory and
[[Page 603]]
injunctive relief on the ground that the terms of an order
issued under section 904 of this title do not comply with
the requirements of this title.
(4) A copy of any complaint in an action brought under
paragraph (1), (2), or (3) shall be promptly delivered to
the Secretary of the Senate and the Clerk of the House of
Representatives, and each House of Congress shall have the
right to intervene in such action.
(5) Any action brought under paragraph (1), (2), or (3)
shall be heard and determined by a three-judge court in
accordance with section 2284 of Title 28.
Nothing in this section or in any other law shall infringe
upon the right of the House of Representatives to intervene
in an action brought under paragraph (1), (2), or (3)
without the necessity of adopting a resolution to authorize
such intervention.
(b) Appeal to Supreme Court
Notwithstanding any other provision of law, any order of
the United States District Court for the District of
Columbia which is issued pursuant to an action brought under
paragraph (1), (2), or (3) of subsection (a) of this section
shall be reviewable by appeal directly to the Supreme Court
of the United States. Any such appeal shall be taken by a
notice of appeal filed within 10 days after such order is
entered; and the jurisdictional statement shall be filed
within 30 days after such order is entered. No stay of an
order issued pursuant to an action brought under paragraph
(1), (2), or (3) of subsection (a) of this section shall be
issued by a single Justice of the Supreme Court.
(c) Expedited consideration
It shall be the duty of the District Court for the
District of Columbia and the Supreme Court of the United
States to advance on the docket and to expedite to the
greatest possible extent the disposition of any matter
brought under subsection (a) of this section.
(d) Noncompliance with sequestration procedures
(1) If it is finally determined by a court of competent
jurisdiction that an order issued by the President under
section 904 of this title for any fiscal year--
(A) does not reduce automatic spending
increases under any program specified in section
906(a) of this title if such increases are
required to be reduced by subchapter I of this
chapter (or reduces such increases by a greater
extent than is so required), or
(B) does not sequester the amount of
budgetary resources which is required to be
sequestered by subchapter I of this chapter (or
sequesters more than that amount) with respect
to any program, project, activity, or amount,
the President shall, within 20 days after such determination
is made, revise the order in accordance with such
determination.
(2) If the order issued by the President under section
904 of this title for any fiscal year--
(A) does not reduce any automatic spending
increase to the extent that such increase is
required to be reduced by subchapter I of this
chapter,
(B) does not sequester any amount of new
budget authority, new loan guarantee
commitments, new direct loan obligations, or
spend
[[Page 604]]
ing authority which is required to be
sequestered by subchapter I of this chapter, or
(C) does not reduce any obligation
limitation by the amount by which such
limitation is required to be reduced under
subchapter I of this chapter,
on the claim or defense that the constitutional powers of
the President prevent such sequestration or reduction or
permit the avoidance of such sequestration or reduction, and
such claim or defense is finally determined by the Supreme
Court of the United States to be valid, then the entire
order issued pursuant to section 904 of this title for such
fiscal year shall be null and void.
(e) Timing of relief
No order of any court granting declaratory or injunctive
relief from the order of the President issued under section
904 of this title, including but not limited to relief
permitting or requiring the expenditure of funds sequestered
by such order, shall take effect during the pendency of the
action before such court, during the time appeal may be
taken, or, if appeal is taken, during the period before the
court to which such appeal is taken has entered its final
order disposing of such action.
(f) Preservation of other rights
The rights created by this section are in addition to
the rights of any person under law, subject to subsection
(e) of this section.
(g) Economic data and assumptions
The economic data and economic assumptions used by the
Director of OMB in computing the figures specified in any
report issued by the Director of OMB under section 904 of
this title shall not be subject to review in any judicial or
administrative proceeding. (Pub.L. 99-177, Title II,
Sec. 274, Dec. 12, 1985, 99 Stat. 1098; Pub.L. 100-119,
Title I, Sec. 102(b)(9), (10), Sept. 29, 1987, 101 Stat.
774, 775; Pub.L. 105-33, Title X, Sec. 10211, Aug. 5, 1997,
111 Stat. 711.)
Chapter 22.--JOHN C. STENNIS CENTER FOR PUBLIC SERVICE
TRAINING AND DEVELOPMENT
720 Sec. 1101. Congressional findings.
The Congress makes the following findings:
(1) Senator John C. Stennis of the State of
Mississippi has served his State and country
with distinction for more than 60 years asa
public servant, including service in the United
States Senate fora period of 41 years.
(2) Senator Stennis has a distinguished
record as a United States Senator, including
service as the first Chairman of the Select
Committee on Ethics, Chairman of the Committee
on Armed Services, Chairman of the Committee on
Appropriations, and President pro tempore of the
Senate.
(3) Senator Stennis has long maintained a
special interest in and devotion to the
development of leadership and excellence in
public service.
(4) There is a compelling need to encourage
outstanding young people to pursue public
service on a career basis and to provide public
service leadership training opportunities for
individuals serv
[[Page 605]]
ing 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.)
721 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.)
722 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.
[[Page 606]]
(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.)
723 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.
[[Page 607]]
(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.)
724 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.)
725 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
[[Page 608]]
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.)
726 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.)
727 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);
[[Page 609]]
(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 509).
728 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.)
729 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
730 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 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 members appointed by the
President pro tempore of the Senate, one of
whom shall be designated by the Majority
[[Page 610]]
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
[[Page 611]]
(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
The Board 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
[[Page 612]]
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.)
Chapter 22B.--HUNGER FELLOWSHIP PROGRAM
731 Sec. 1161. Hunger Fellowship Program.
(a) Short title; findings
(1) Short title
[[Page 613]]
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.
[[Page 614]]
(ii) Nonvoting member
The Executive Director of the
program shall serve as a nonvoting
ex officio member of the Board.
(B) Terms
Members of the Board shall serve a term
of 4 years.
(C) Vacancy
(i) Authority of Board
A vacancy in the membership of
the Board does not affect the power
of the remaining members to carry
out this section.
(ii) Appointment of successors
A vacancy in the membership of
the Board shall be filled in the
same manner in which the original
appointment was made.
(iii) Incomplete term
If a member of the Board does
not serve the full term applicable
to the member, the individual
appointed to fill the resulting
vacancy shall be appointed for the
remainder of the term of the
predecessor of the individual.
(D) Chairperson
As the first order of business of the
first meeting of the Board, the members
shall elect a Chairperson.
(E) Compensation
(i) In general
Subject to clause (ii), members
of the Board may not receive
compensation for service on the
Board.
(ii) Travel
Members of the Board may be
reimbursed for travel, subsistence,
and other necessary expenses
incurred in carrying out the duties
of the program.
(3) Duties
(A) Bylaws
(i) Establishment
The Board shall establish such
bylaws and other regulations as may
be appropriate to enable the Board
to carry out this section, including
the duties described in this
paragraph.
(ii) Contents
Such bylaws and other
regulations shall include
provisions--
(I) for appropriate
fiscal control, funds
accountability, and
operating principles;
(II) to prevent any
conflict of interest, or the
appearance of any conflict
of interest, in the
procurement and employment
actions taken by the Board
or by any officer or
employee of the Board and in
the selection and placement
of individuals in the
fellowships developed under
the program;
(III) for the resolution
of a tie vote of the members
of the Board; and
(IV) for authorization
of travel for members of the
Board.
(iii) Transmittal to Congress
[[Page 615]]
Not later than 90 days after the
date of the first meeting of the
Board, the Chairperson of the Board
shall transmit to the appropriate
congressional committees a copy of
such bylaws.
(B) Budget
For each fiscal year the program is in
operation, the Board shall determine a
budget for the program for that fiscal year.
All spending by the program shall be
pursuant to such budget unless a change is
approved by the Board.
(C) Process for selection and placement of
fellows
The Board shall review and approve the
process established by the Executive
Director for the selection and placement of
individuals in the fellowships developed
under the program.
(D) Allocation of funds to fellowships
The Board of Trustees shall determine
the priority of the programs to be carried
out under this section and the amount of
funds to be allocated for the Emerson and
Leland fellowships.
(d) Purposes; authority of program
(1) Purposes
The purposes of the program are--
(A) to encourage future leaders of the
United States to pursue careers in
humanitarian service, to recognize the needs
of people who are hungry and poor, and to
provide assistance and compassion for those
in need;
(B) to increase awareness of the
importance of public service; and
(C) to provide training and development
opportunities for such leaders through
placement in programs operated by
appropriate organizations or entities.
(2) Authority
The program is authorized to develop such
fellowships to carry out the purposes of this
section, including the fellowships described in
paragraph (3).
(3) Fellowships
(A) In general
The program shall establish and carry
out the Bill Emerson Hunger Fellowship and
the Mickey Leland Hunger Fellowship.
(B) Curriculum
(i) In general
The fellowships established
under subparagraph (A) shall provide
experience and training to develop
the skills and understanding
necessary to improve the
humanitarian conditions and the
lives of individuals who suffer from
hunger, including--
(I) training in direct
service to the hungry in
conjunction with community-
based organizations through
a program of field
placement; and
(II) experience in
policy development through
placement in a governmental
entity or nonprofit
organization.
(ii) Focus of Bill Emerson Hunger
Fellowship
The Bill Emerson Hunger
Fellowship shall address hunger and
other humanitarian needs in the
United States.
[[Page 616]]
(iii) Focus of Mickey Leland Hunger
Fellowship
The Mickey Leland Hunger
Fellowship shall address
international hunger and other
humanitarian needs.
(iv) Workplan
To carry out clause (i) and to
assist in the evaluation of the
fellowships under paragraph (4), the
program shall, for each fellow,
approve a work plan that identifies
the target objectives for the fellow
in the fellowship, including
specific duties and responsibilities
related to those objectives.
(C) Period of fellowship
(i) Emerson Fellow
A Bill Emerson Hunger Fellowship
awarded under this paragraph shall
be for no more than 1 year.
(ii) Leland Fellow
A Mickey Leland Hunger
Fellowship awarded under this
paragraph shall be for no more than
2 years. Not less than 1 year of the
fellowship shall be dedicated to
fulfilling the requirement of
subparagraph (B)(i)(I).
(D) Selection of fellows
(i) In general
A fellowship shall be awarded
pursuant to a nationwide competition
established by the program.
(ii) Qualification
A successful applicant shall be
an individual who has demonstrated--
(I) an intent to pursue
a career in humanitarian
service and outstanding
potential for such a career;
(II) leadership
potential or actual
leadership experience;
(III) diverse life
experience;
(IV) proficient writing
and speaking skills;
(V) an ability to live
in poor or diverse
communities; and
(VI) such other
attributes as determined to
be appropriate by the Board.
(iii) Amount of award
(I) In general
Each individual awarded
a fellowship under this
paragraph shall receive a
living allowance and,
subject to subclause (II),
an end-of-service award as
determined by the program.
(II) Requirement for successful
completion of fellowship
Each individual awarded
a fellowship under this
paragraph shall be entitled
to receive an end-of-service
award at an appropriate rate
for each month of
satisfactory service as
determined by the Executive
Director.
(iv) Recognition of fellowship award
(I) Emerson Fellow
An individual awarded a
fellowship from the Bill
Emerson Hunger Fellowship
shall be known as an
``Emerson Fellow''.
[[Page 617]]
(II) Leland Fellow
An individual awarded a
fellowship from the Mickey
Leland Hunger Fellowship
shall be known as a ``Leland
Fellow''.
(4) Evaluation
The program shall conduct periodic
evaluations of the Bill Emerson and Mickey
Leland Hunger Fellowships. Such evaluations
shall include the following:
(A) An assessment of the successful
completion of the work plan of the fellow.
(B) An assessment of the impact of the
fellowship on the fellows.
(C) An assessment of the accomplishment
of the purposes of the program.
(D) An assessment of the impact of the
fellow on the community.
(e) Trust Fund
(1) Establishment
There is established the Congressional
Hunger Fellows Trust Fund (hereinafter in this
section referred to as the ``Fund'') in the
Treasury of the United States, consisting of
amounts appropriated to the Fund under
subsection (i), amounts credited to it under
paragraph (3), and amounts received under
subsection (g)(3)(A) of this section.
(2) Investment of funds
The Secretary of the Treasury shall invest
the full amount of the Fund. Each investment
shall be made in an interest bearing obligation
of the United States or an obligation guaranteed
as to principal and interest by the United
States that, as determined by the Secretary in
consultation with the Board, has a maturity
suitable for the Fund.
(3) Return on investment
Except as provided in subsection (f)(2) of
this section, the Secretary of the Treasury
shall credit to the Fund the interest on, and
the proceeds from the sale or redemption of,
obligations held in the Fund.
(f) Expenditures; audits
(1) In general
The Secretary of the Treasury shall transfer
to the program from the amounts described in
subsection (e)(3) of this section and subsection
(g)(3)(A) of this section such sums as the Board
determines are necessary to enable the program
to carry out the provisions of this section.
(2) Limitation
The Secretary may not transfer to the
program the amounts appropriated to the Fund
under subsection (i) of this section.
(3) Use of funds
Funds transferred to the program under
paragraph (1) shall be used for the following
purposes:
(A) Stipends for fellows
To provide for a living
allowance for the fellows.
(B) Travel of fellows
[[Page 618]]
To defray the costs of
transportation of the fellows to the
fellowship placement sites.
(C) Insurance
To defray the costs of
appropriate insurance of the
fellows, the program, and the Board.
(D) Training of fellows
To defray the costs of
preservice and midservice education
and training of fellows.
(E) Support staff
Staff described in subsection
(g) of this section.
(F) Awards
End-of-service awards under
subsection (d)(3)(D)(iii)(II) of
this section.
(G) Additional approved uses
For such other purposes that the
Board determines appropriate to
carry out the program.
(4) Audit by GAO
(A) In general
The Comptroller General of the United
States may conduct an audit of the accounts
of the program.
(B) Books
The program shall make available to the
Comptroller General all books, accounts,
financial records (including records of
salaries of the Executive Director and other
personnel), reports, files, and all other
papers, things, or property belonging to or
in use by the program and necessary to
facilitate such audit.
(C) Report to Congress
The Comptroller General shall submit a
copy of the results of each such audit to
the appropriate congressional committees.
(g) Staff; powers of program
(1) Executive Director
(A) In general
The Board shall appoint an Executive
Director of the program who shall administer
the program. The Executive Director shall
carry out such other functions consistent
with the provisions of this section as the
Board shall prescribe.
(B) Restriction
The Executive Director may not serve as
Chairperson of the Board.
(C) Compensation
The Executive Director shall be paid at
a rate not to exceed the rate of basic pay
payable for level V of the Executive
Schedule under section 5316 of Title 5.
(2) Staff
(A) In general
With the approval of a majority of the
Board, the Executive Director may appoint
and fix the pay of additional personnel as
the Executive Director considers necessary
and appropriate to carry out the functions
of the provisions of this section.
(B) Compensation
An individual appointed under
subparagraph (A) shall be paid at a rate not
to exceed the rate of basic pay payable for
level GS-15 of the General Schedule.
[[Page 619]]
(3) Powers
In order to carry out the provisions of this
section, the program may perform the following
functions:
(A) Gifts
The program may solicit, accept,
use, and dispose of gifts, bequests,
or devises of services or property,
both real and personal, for the
purpose of aiding or facilitating
the work of the program. Gifts,
bequests, or devises of money and
proceeds from sales of other
property received as gifts,
bequests, or devises shall be
deposited in the Fund and shall be
available for disbursement upon
order of the Board.
(B) Experts and consultants
The program may procure
temporary and intermittent services
under section 3109 of Title 5, but
at rates for individuals not to
exceed the daily equivalent of the
maximum annual rate of basic pay
payable for GS-15 of the General
Schedule.
(C) Contract authority
The program may contract, with
the approval of a majority of the
members of the Board, with and
compensate Government and private
agencies or persons without regard
to section 5 of Title 41.
(D) Other necessary expenditures
The program shall make such
other expenditures which the program
considers necessary to carry out the
provisions of this section, but
excluding project development.
(h) Report
Not later than December 31 of each year, the Board shall
submit to the appropriate congressional committees a report
on the activities of the program carried out during the
previous fiscal year, and shall include the following:
(1) An analysis of the evaluations conducted
under subsection (d)(4) of this section
(relating to evaluations of the Emerson and
Leland fellowships and accomplishment of the
program purposes) during that fiscal year.
(2) A statement of the total amount of funds
attributable to gifts received by the program in
that fiscal year (as authorized under subsection
(g)(3)(A) of this section), and the total amount
of such funds that were expended to carry out
the program that fiscal year.
(i) Authorization of appropriations
There are authorized to be appropriated $18,000,000 to
carry out the provisions of this section.
(j) Definition
In this section, the term ``appropriate congressional
committees'' means--
(1) the Committee on Agriculture and the
Committee on International Relations of the
House of Representatives; and
(2) the Committee on Agriculture, Nutrition,
and Forestry and the Committee on Foreign
Relations of the Senate. (Pub.L. 107-171, Title
IV, Sec. 4404, May 13, 2002, 116 Stat. 335;
Pub.L. 110-161, Div. H, Title I, Sec. 1502(c),
Dec. 26, 2007, 121 Stat. 2250.)
[[Page 620]]
Chapter 24.--CONGRESSIONAL ACCOUNTABILITY
Subchapter I.--General
732 Sec. 1301. Definitions.
Except as otherwise specifically provided in this
chapter, as used in this chapter:
(1) Board
The term ``Board'' means the Board of
Directors of the Office of Compliance.
(2) Chair
The term ``Chair'' means the Chair of
the Board of Directors of the Office of
Compliance.
(3) Covered employee
The term ``covered employee'' means any
employee of--
(A) the House of
Representatives;
(B) the Senate;
(C) the Capitol Guide Service;
(D) the Capitol Police;
(E) the Congressional Budget
Office;
(F) the Office of the Architect
of the Capitol;
(G) the Office of the Attending
Physician;
(H) the Office of Compliance; or
(I) the Office of Technology
Assessment.
(4) Employee
The term ``employee'' includes an
applicant for employment and a former
employee.
(5) Employee of the Office of the Architect
of the Capitol
The term ``employee of the Office of the
Architect of the Capitol'' includes any
employee of the Office of the Architect of
the Capitol, the Botanic Garden, or the
Senate Restaurants.
(6) Employee of the Capitol Police
The term ``employee of the Capitol
Police'' includes any member or officer of
the Capitol Police.
(7) Employee of the House of Representatives
The term ``employee of the House of
Representatives'' includes an individual
occupying a position the pay for which is
disbursed by the Clerk of the House of
Representatives, or another official
designated by the House of Representatives,
or any employment position in an entity that
is paid with funds derived from the clerk-
hire allowance of the House of
Representatives but not any such individual
employed by any entity listed in
subparagraphs (C) through (I) of paragraph
(3).
(8) Employee of the Senate
The term ``employee of the Senate''
includes any employee whose pay is disbursed
by the Secretary of the Senate, but not any
such individual employed by any entity
listed in subparagraphs (C) through (1) of
paragraph (3).
(9) Employing office
The term ``employing office'' means--
(A) the personal office of a
Member of the House of
Representatives or of a Senator;
(B) a committee of the House of
Representatives or the Senate or a
joint committee;
[[Page 621]]
(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.)
733 Sec. 1302. Application of laws.
(a) Laws made applicable
The following laws shall apply, as prescribed by this
chapter, to the legislative branch of the Federal
Government:
(1) The Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.).
(2) Title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.).
(3) The Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.)
(4) The Age Discrimination in Employment Act
of 1967 (29 U.S.C. 621 et seq.).
(5) The Family and Medical Leave Act of 1993
(29 U.S.C. 2611 et seq.).
(6) The Occupational Safety and Health Act
of 1970 (29 U.S.C. 651 et seq.).
(7) Chapter 71 (relating to Federal service
labor-management relations) of Title 5.
(8) The Employee Polygraph Protection Act of
1988 (29 U.S.C. 2001 et seq.).
(9) The Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2101 et seq.).
(10) The Rehabilitation Act of 1973 (29
U.S.C. 701 et seq.).
(11) Chapter 43 (relating to veterans'
employment and reemployment) of Title 38.
(b) Laws which may be made applicable
(1) In general
The Board shall review provisions of Federal
law (including regulations) relating to (A) the
terms and conditions of employment (including
hiring, promotion, demotion, termination,
salary, wages, overtime compensation, benefits,
work assignments or reassignments, grievance and
disciplinary procedures, protection from
discrimination in personnel actions,
occupational health and safety,
[[Page 622]]
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
734 Sec. 1311. Rights and protections under Title VII of the
Civil Rights Act of 1964, the Age Discrimination in
Employment Act of 1967, the Rehabilitation Act of 1973,
and Title I of the Americans With Disabilities Act of
1990.
(a) Discriminatory practices prohibited
All personnel actions affecting covered employees shall
be made free from any discrimination based on--
(1) race, color, religion, sex, or national
origin, within the meaning of section 703 of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-2);
(2) age, within the meaning of section 15 of
the Age Discrimination in Employment Act of 1967
(29 U.S.C. 633a); or
(3) disability, within the meaning of
section 501 of the Rehabilitation Act of 1973
(29 U.S.C. 791) and sections 102 through 104 of
the Americans with Disabilities Act of 1990 (42
U.S.C. 12112-12114).
[[Page 623]]
(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.)
735 Sec. 1312. Rights and protections under the Family and
Medical Leave Act of 1993.
(a) Family and medical leave rights and protections provided
(1) In general
The rights and protections established by
sections 101 through 105 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2611
through 2615) shall apply to covered employees.
(2) Definition
For purposes of the application described in
paragraph (1)--
(A) the term ``employer'' as used in the
Family and Medical Leave Act of 1993 means
any employing office, and
[[Page 624]]
(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.)
736 Sec. 1313. Rights and protections under the Fair Labor
Standards Act of 1938.
(a) Fair labor standards
(1) In general
The rights and protections established by
subsections (a)(1) and (d) of section 6, section
7, and section 12(c) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206(a)(1) and (d), 207,
212(c)) shall apply to covered employees.
(2) Interns
For the purposes of this section, the term
``covered employee'' does not include an intern
as defined in regulations under subsection (c)
of this section.
(3) Compensatory time
Except as provided in regulations under
subsection (c)(3) of this section and subsection
(c)(4) of this section, covered employees may
not receive compensatory time in lieu of
overtime compensation.
[[Page 625]]
(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.)
737 Sec. 1314. Rights and protections under the Employee
Polygraph Protection Act of 1988.
(a) Polygraph practices prohibited
(1) In general
No employing office, irrespective of whether
a covered employee works in that employing
office, may require a covered employee to take a
lie detector test where such a test would be
prohibited if required by an employer under
paragraph (1), (2), or (3) of section 3 of the
Employee Polygraph Protection Act of 1988 (29
U.S.C. 2002 (1), (2), or (3)). In addition, the
waiver provisions of section 6(d) of such Act
(29 U.S.C. 2005(d)) shall apply to covered
employees.
(2) Definitions
For purposes of this section, the term
``covered employee'' shall include employees of
the Government Accountability Office and the
[[Page 626]]
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.)
738 Sec. 1315. Rights and protections under the Worker
Adjustment and Retraining Notification Act.
(a) Worker adjustment and retraining notification rights
(1) In general
No employing office shall be closed or a
mass layoff ordered within the meaning of
section 3 of the Worker Adjustment and
Retraining Notification Act (29 U.S.C. 2102)
until the end of a 60-day period after the
employing office serves written notice of such
prospective closing or layoff to representatives
of covered employees or, if there are no
representatives, to covered employees.
(2) Definitions
For purposes of this section, the term
``covered employee'' shall include employees of
the Government Accountability Office and the
Library of Congress and the term ``employing
office'' shall include the Government
Accountability Office and the Library of
Congress.
[[Page 627]]
(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.)
739 Sec. 1316. Rights and protections relating to veterans'
employment and reemployment.
(a) Employment and reemployment rights of members of the
uniformed services
(1) In general
It shall be unlawful for an employing office
to--
(A) discriminate, within the meaning of
subsections (a) and (b) of section 4311 of
Title 38, against an eligible employee;
(B) deny to an eligible employee
reemployment rights within the meaning of
sections 4312 and 4313 of Title 38; or
(C) deny to an eligible employee
benefits within the meaning of sections
4316, 4317, and 4318 of Title 38.
(2) Definitions
For purposes of this section--
(A) the term ``eligible employee'' means
a covered employee performing service in the
uniformed services, within the meaning of
section 4303(13) of Title 38, whose service
has not been terminated upon occurrence of
any of the events enumerated in section 4304
of Title 38,
(B) the term ``covered employee''
includes employees of the Government
Accountability Office and the Library of
Congress, and--
[[Page 628]]
(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.)
740 Sec. 1316a. Legislative branch appointments.
(1) Definitions
For the purpose of this section, the terms ``covered
employee'' and ``Board'' shall each have the meaning given
such term by section 101 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1301).
(2) Rights and protections
The rights and protections established under section
2108, sections 3309 through 3312, and subchapter I of
chapter 35 [5 U.S.C.A. Sec. 3501 et seq.], of Title 5 shall
apply to covered employees.
(3) Remedies
(A) In general
The remedy for a violation of paragraph (2)
shall be such remedy as would be appropriate if
awarded under applicable provisions of Title 5,
in the case of a violation of the relevant
corresponding provision (referred to in
paragraph (2)) of such title.
(B) Procedure
The procedure for consideration of alleged
violations of paragraph (2) shall be the same as
apply under section 1401 of this title (and the
provisions of law referred to therein) in the
case of an alleged violation of part A of
subchapter II of this chapter.
[[Page 629]]
(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.)
741 Sec. 1317. Prohibition of intimidation or reprisal.
(a) In general
It shall be unlawful for an employing office to
intimidate, take reprisal against, or otherwise discriminate
against, any covered employee because the covered employee
has opposed any practice made unlawful by this chapter, or
because the covered employee has initiated proceedings, made
a charge, or testified, assisted, or participated in any
manner in a hearing or other proceeding under this chapter.
(b) Remedy
The remedy available for a violation of subsection (a)
of this section shall be such legal or equitable remedy as
may be appropriate to redress a violation of subsection (a)
of this section. (Pub.L. 104-1, Title II, Sec. 207, Jan. 23,
1995, 109 Stat. 13.)
[[Page 630]]
Part B.--Public Services and Accommodations Under the
Americans With Disabilities Act of 1990
742 Sec. 1331. Rights and protections under the Americans With
Disabilities Act of 1990 relating to public services and
accommodations; procedures for remedy of violations.
(a) Entities subject to this section
The requirements of this section shall apply to--
(1) each office of the Senate, including
each office of a Senator and each committee;
(2) each office of the House of
Representatives, including each office of a
Member of the House of Representatives and each
committee;
(3) each joint committee of the Congress;
(4) the Capitol Guide Service;
(5) the Capitol Police;
(6) the Congressional Budget Office;
(7) the Office of the Architect of the
Capitol (including the Senate Restaurants and
the Botanic Garden);
(8) the Office of the Attending Physician;
(9) the Office of Compliance; and
(10) the Office of Technology Assessment.
(b) Discrimination in public services and accommodations
(1) Rights and protections
The rights and protections against
discrimination in the provision of public
services and accommodations established by
sections 201 through 230, 302, 303, and 309 of
the Americans With Disabilities Act of 1990 (42
U.S.C. 12131-12150, 12182, 12183, and 12189)
shall apply to the entities listed in subsection
(a) of this section.
(2) Definitions
For purposes of the application of Title II
of the Americans With Disabilities Act of 1990
(42 U.S.C. 12131 et seq.) under this section,
the term ``public entity'' means any entity
listed in subsection (a) of this section that
provides public services, programs, or
activities.
(c) Remedy
The remedy for a violation of subsection (b)
of this section shall be such remedy as would be
appropriate if awarded under section 203 or
308(a) of the Americans With Disabilities Act of
1990 (42 U.S.C. 12133, 12188(a)), except that,
with respect to any claim of employment
discrimination asserted by any covered employee,
the exclusive remedy shall be under section 1311
of this title.
(d) Available procedures
(1) Charge filed with General Counsel
A qualified individual with a disability, as
defined in section 201(2) of the Americans With
Disabilities Act of 1990 (42 U.S.C. 12131(2)),
who alleges a violation of subsection (b) of
this section by an entity listed in subsection
(a) of this section, may file a charge against
any entity responsible for correcting the
violation with the General Counsel within 180
days of the occurrence of the alleged violation.
The General Counsel shall investigate the
charge.
[[Page 631]]
(2) Mediation
If, upon investigation under paragraph (1),
the General Counsel believes that a violation of
subsection (b) of this section may have occurred
and that mediation may be helpful in resolving
the dispute, the General Counsel may request,
but not participate in, mediation under
subsections (b) through (d) of section 1403 of
this title between the charging individual and
any entity responsible for correcting the
alleged violation.
(3) Complaint, hearing, Board review
If mediation under paragraph (2) has not
succeeded in resolving the dispute, and if the
General Counsel believes that a violation of
subsection (b) of this section may have
occurred, the General Counsel may file with the
Office a complaint against any entity
responsible for correcting the violation. The
complaint shall be submitted to a hearing
officer for decision pursuant to subsections (b)
through (h) of section 1405 of this title and
any person who has filed a charge under
paragraph (1) may intervene as of right, with
the full rights of a party. The decision of the
hearing officer shall be subject to review by
the Board pursuant to section 1406 of this
title.
(4) Judicial review
A charging individual who has intervened
under paragraph (3) or any respondent to the
complaint, if aggrieved by a final decision of
the Board under paragraph (3), may file a
petition for review in the United States Court
of Appeals for the Federal Circuit, pursuant to
section 1407 of this title.
(5) Compliance date
If new appropriated funds are necessary to
comply with an order requiring correction of a
violation of subsection (b) of this section,
compliance shall take place as soon as possible,
but no later than the fiscal year following the
end of the fiscal year in which the order
requiring correction becomes final and not
subject to further review.
(e) Regulations to implement section
(1) In general
The Board shall, pursuant to section 1384 of
this title, issue regulations to implement this
section.
(2) Agency regulations
The regulations issued under paragraph (1)
shall be the same as substantive regulations
promulgated by the Attorney General and the
Secretary of Transportation to implement the
statutory provisions referred to in subsection
(b) of this section except to the extent that
the Board may determine, for good cause shown
and stated together with the regulation, that a
modification of such regulations would be more
effective for the implementation of the rights
and protections under this section.
(3) Entity responsible for correction
The regulations issued under paragraph (1)
shall include a method of identifying, for
purposes of this section and for categories of
violations of subsection (b) of this section,
the entity responsible for correction of a
particular violation.
[[Page 632]]
(f) Periodic inspections; report to Congress; initial study
(1) Periodic inspections
On a regular basis, and at least once each
Congress, the General Counsel shall inspect the
facilities of the entities listed in subsection
(a) of this section to ensure compliance with
subsection (b) of this section.
(2) Report
On the basis of each periodic inspection,
the General Counsel shall, at least once every
Congress, prepare and submit a report--
(A) to the Speaker of the House of
Representatives, the President pro tempore
of the Senate, and the Office of the
Architect of the Capitol, or other entity
responsible, for correcting the violation of
this section uncovered by such inspection,
and
(B) containing the results of the
periodic inspection, describing any steps
necessary to correct any violation of this
section, assessing any limitations in
accessibility to and usability by
individuals with disabilities associated
with each violation, and the estimated cost
and time needed for abatement.
(3) Initial period for study and corrective action
The period from January 23, 1995 until
December 31, 1996, shall be available to the
Office of the Architect of the Capitol and other
entities subject to this section to identify any
violations of subsection (b) of this section, to
determine the costs of compliance, and to take
any necessary corrective action to abate any
violations. The Office shall assist the Office
of the Architect of the Capitol and other
entities listed in subsection (a) of this
section by arranging for inspections and other
technical assistance at their request. Prior to
July 1, 1996, the General Counsel shall conduct
a thorough inspection under paragraph (1) and
shall submit the report under paragraph (2) for
the One Hundred Fourth Congress.
(4) Detailed personnel
The Attorney General, the Secretary of
Transportation, and the Architectural and
Transportation Barriers Compliance Board may, on
request of the Executive Director, detail to the
Office such personnel as may be necessary to
advise and assist the Office in carrying out its
duties under this section.
(g) Omitted. (Codified at 42 U.S.C. 12209)
(h) Effective date
(1) In general
Subsections (b), (c), and (d) of this
section shall be effective on January 1, 1997.
(2) Government Accountability Office, Government
Printing Office, and Library of Congress
Subsection (g) of this section shall be
effective 1 year after transmission to the
Congress of the study under section 1371 of this
title. (Pub.L. 104-1, Title II, Sec. 210, Jan.
23, 1995, 109 Stat. 13; Pub.L. 108-271,
Sec. 8(b), July 7, 2004, 118 Stat. 814.)
[[Page 633]]
Part C.--Occupational Safety and Health Act of 1970
743 Sec. 1341. Rights and protections under the Occupational
Safety and Health Act of 1970; procedures for remedy of
violations.
(a) Occupational safety and health protections
(1) In general
Each employing office and each covered
employee shall comply with the provisions of
section 5 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 654).
(2) Definitions
For purposes of the application under this
section of chapter 15 of Title 29--
(A) the term ``employer'' as used in
such chapter means an employing office;
(B) the term ``employee'' as used in
such chapter means a covered employee;
(C) the term ``employing office''
includes the Government Accountability
Office, the Library of Congress, and any
entity listed in subsection (a) of section
1331 of this title that is responsible for
correcting a violation of this section,
irrespective of whether the entity has an
employment relationship with any covered
employee in any employing office in which
such a violation occurs; and
(D) the term ``employee'' includes
employees of the Government Accountability
Office and the Library of Congress.
(b) Remedy
The remedy for a violation of subsection (a) of this
section shall be an order to correct the violation,
including such order as would be appropriate if issued under
section 13(a) of the Occupational Safety and Health Act of
1970 (29 U.S.C. 662(a)).
(c) Procedures
(1) Requests for inspections
Upon written request of any employing office
or covered employee, the General Counsel shall
exercise the authorities granted to the
Secretary of Labor by subsections (a), (d), (e),
and (f) of section 8 of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 657 (a), (d),
(e), and (f) to inspect and investigate places
of employment under the jurisdiction of
employing offices.
(2) Citations, notices, and notifications
For purposes of this section, the General
Counsel shall exercise the authorities granted
to the Secretary of Labor in sections 9 and 10
of the Occupational Safety and Health Act of
1970 (29 U.S.C. 658 and 659), to issue--
(A) a citation or notice to any
employing office responsible for correcting
a violation of subsection (a) of this
section; or
(B) a notification to any employing
office that the General Counsel believes has
failed to correct a violation for which a
citation has been issued within the period
permitted for its correction.
(3) Hearings and review
If after issuing a citation or notification,
the General Counsel determines that a violation
has not been corrected, the General
[[Page 634]]
Counsel may file a complaint with the Office
against the employing office named in the
citation or notification. The complaint shall be
submitted to a hearing officer for decision
pursuant to subsections (b) through (h) of
section 1405 of this title, subject to review by
the Board pursuant to section 1406 of this
title.
(4) Variance procedures
An employing office may request from the
Board an order granting a variance from a
standard made applicable by this section. For
the purposes of this section, the Board shall
exercise the authorities granted to the
Secretary of Labor in sections 6(b)(6) and 6(d)
of the Occupational Safety and Health Act of
1970 (29 U.S.C. 655(b)(6) and 655(d)) to act on
any employing office's request for a variance.
The Board shall refer the matter to a hearing
officer pursuant to subsections (b) through (h)
of section 1405 of this title, subject to review
by the Board pursuant to section 1406 of this
title.
(5) Judicial review
The General Counsel or employing office
aggrieved by a final decision of the Board under
paragraph (3) or (4), may file a petition for
review with the United States Court of Appeals
for the Federal Circuit pursuant to section 1407
of this title.
(6) Compliance date
If new appropriated funds are necessary to
correct a violation of subsection (a) of this
section for which a citation is issued, or to
comply with an order requiring correction of
such a violation, correction or compliance shall
take place as soon as possible, but not later
than the end of the fiscal year following the
fiscal year in which the citation is issued or
the order requiring correction becomes final and
not subject to further review.
(d) Regulations to implement section
(1) In general
The Board shall, pursuant to section 1384 of
this title, issue regulations to implement this
section.
(2) Agency regulations
The regulations issued under paragraph (1)
shall be the same as substantive regulations
promulgated by the Secretary of Labor to
implement the statutory provisions referred to
in subsection (a) of this section except to the
extent that the Board may determine, for good
cause shown and stated together with the
regulation, that a modification of such
regulations would be more effective for the
implementation of the rights and protections
under this section.
(3) Employing office responsible for correction
The regulations issued under paragraph (1)
shall include a method of identifying, for
purposes of this section and for different
categories of violations of subsection (a), the
employing office responsible for correction of a
particular violation.
(e) Periodic inspections; report to Congress
(1) Periodic inspections
On a regular basis, and at least once each
Congress, the General Counsel, exercising the
same authorities of the Secretary of Labor as
under subsection (c)(1) of this section, shall
conduct periodic inspections of all facilities
of the House of Representatives, the Senate, the
Capitol Guide Service, the Capitol Police, the
Congressional
[[Page 635]]
Budget Office, the Office of the Architect of
the Capitol, the Office of the Attending
Physician, the Office of Compliance, the Office
of Technology Assessment, the Library of
Congress, and the Government Accountability
Office to report on compliance with subsection
(a) of this section.
(2) Report
On the basis of each periodic inspection,
the General Counsel shall prepare and submit a
report--
(A) to the Speaker of the House of
Representatives, the President pro tempore
of the Senate, and the Office of the
Architect of the Capitol or other employing
office responsible for correcting the
violation of this section uncovered by such
inspection, and
(B) containing the results of the
periodic inspection, identifying the
employing office responsible for correcting
the violation of this section uncovered by
such inspection, describing any steps
necessary to correct any violation of this
section, and assessing any risks to employee
health and safety associated with any
violation.
(3) Action after report
If a report identifies any violation of this
section, the General Counsel shall issue a
citation or notice in accordance with subsection
(c)(2)(A) of this section.
(4) Detailed personnel
The Secretary of Labor may, on request of
the Executive Director, detail to the Office
such personnel as may be necessary to advise and
assist the Office in carrying out its duties
under this section.
(f) Initial period for study and corrective action
The period from January 23, 1995 until December 31,
1996, shall be available to the Office of the Architect of
the Capitol and other employing offices to identify any
violations of subsection (a) of this section, to determine
the costs of compliance, and to take any necessary
corrective action to abate any violations. The Office shall
assist the Office of the Architect of the Capitol and other
employing offices by arranging for inspections and other
technical assistance at their request. Prior to July 1,
1996, the General Counsel shall conduct a thorough
inspection under subsection (e)(1) of this section and shall
submit the report under subsection (e)(2) of this section
for the One Hundred Fourth Congress.
(g) Effective date
(1) In general
Except as provided in paragraph (2),
subsections (a), (b), (c), and (e)(3) of this
section shall be effective on January 1, 1997.
(2) Government Accountability Office and Library of
Congress
This section shall be effective with respect
to the Government Accountability Office and the
Library of Congress 1 year after transmission to
the Congress of the study under section 1371 of
this title. (Pub.L. 104-1, Title II, Sec. 215,
Jan. 23, 1995, 109 Stat. 16; Pub.L. 108-271,
Sec. 8(b), July 7, 2004, 118 Stat. 814.)
[[Page 636]]
Part D.--Labor-Management Relations
744 Sec. 1351. Application of chapter 71 of Title 5, relating to
Federal service labor-management relations; procedures
for remedy of violations.
(a) Labor-management rights
(1) In general
The rights, protections, and
responsibilities established under sections
7102, 7106, 7111 through 7117, 7119 through
7122, and 7131 of Title 5, shall apply to
employing offices and to covered employees and
representatives of those employees.
(2) Definition
For purposes of the application under this
section of the sections referred to in paragraph
(1), the term ``agency'' shall be deemed to
include an employing office.
(b) Remedy
The remedy for a violation of subsection (a) of this
section shall be such remedy, including a remedy under
section 7118(a)(7) of Title 5, as would be appropriate if
awarded by the Federal Labor Relations Authority to remedy a
violation of any provision made applicable by subsection (a)
of this section.
(c) Authorities and procedures for implementation and
enforcement
(1) General authorities of the Board; petitions
For purposes of this section and except as
otherwise provided in this section, the Board
shall exercise the authorities of the Federal
Labor Relations Authority under sections 7105,
7111, 7112, 7113, 7115, 7117, 7118, and 7122 of
Title 5, and of the President under section
7103(b) of Title 5. For purposes of this
section, any petition or other submission that,
under chapter 71 of Title 5, would be submitted
to the Federal Labor Relations Authority shall,
if brought under this section, be submitted to
the Board. The Board shall refer any matter
under this paragraph to a hearing officer for
decision pursuant to subsections (b) through (h)
of section 1405 of this title, subject to review
by the Board pursuant to section 1406 of this
title. The Board may direct that the General
Counsel carry out the Board's investigative
authorities under this paragraph.
(2) General authorities of the General Counsel; charges
of unfair labor practice
For purposes of this section and except as
otherwise provided in this section, the General
Counsel shall exercise the authorities of the
General Counsel of the Federal Labor Relations
Authority under sections 7104 and 7118 of Title
5. For purposes of this section, any charge or
other submission that, under chapter 71 of Title
5, would be submitted to the General Counsel of
the Federal Labor Relations Authority shall, if
brought under this section, be submitted to the
General Counsel. If any person charges an
employing office or a labor organization with
having engaged in or engaging in an unfair
practice and makes such charge within 180 days
of the occurrence of the alleged unfair labor
practice, the General Counsel shall investigate
the charge and may file a complaint with the
Office. The complaint shall be submitted to a
hearing officer for decision
[[Page 637]]
pursuant to subsections (b) through (h) of
section 1405 of this title, subject to review by
the Board pursuant to section 1406 of this
title.
(3) Judicial review
Except for matters referred to in paragraphs
(1) and (2) of section 7123(a) of Title 5, the
General Counsel or the respondent to the
complaint, if aggrieved by a final decision of
the Board under paragraph (1) or (2) of this
subsection, may file a petition for judicial
review in the United States Court of Appeals for
the Federal Circuit pursuant to section 1407 of
this title.
(4) Exercise of impasses panel authority; requests
For purposes of this section and except as
otherwise provided in this section, the Board
shall exercise the authorities of the Federal
Service Impasses Panel under section 7119 of
Title 5. For purposes of this section, any
request that, under chapter 71 of Title 5, would
be presented to the Federal Service Impasses
Panel shall, if made under this section, be
presented to the Board. At the request of the
Board, the Executive Director shall appoint a
mediator or mediators to perform the functions
of the Federal Service Impasses Panel under
section 7119 of Title 5.
(d) Regulations to implement section
(1) In general
The Board shall, pursuant to section 1348 of
this title, issue regulations to implement this
section.
(2) Agency regulations
Except as provided in subsection (e) of this
section, the regulations issued under paragraph
(1) shall be the same as substantive regulations
promulgated by the Federal Labor Relations
Authority to implement the statutory provisions
referred to in subsection (a) of this section
except--
(A) to the extent that the Board may
determine, for good cause shown and stated
together with the regulation, that a
modification of such regulations would be
more effective for the implementation of the
rights and protections under this section;
or
(B) as the Board deems necessary to
avoid a conflict of interest or appearance
of a conflict of interest.
(e) Specific regulations regarding application to certain
offices of Congress
(1) Regulations required
The Board shall issue regulations pursuant
to section 1384 of this title on the manner and
extent to which the requirements and exemptions
of chapter 71 of Title 5, should apply to
covered employees who are employed in the
offices listed in paragraph (2). The regulations
shall, to the greatest extent practicable, be
consistent with the provisions and purposes of
chapter 71 of Title 5, and of this chapter, and
shall be the same as substantive regulations
issued by the Federal Labor Relations Authority
under such chapter, except--
(A) to the extent that the Board may
determine, for good cause shown and stated
together with the regulation, that a
modification of such regulations would be
more effective for
[[Page 638]]
the implementation of the rights and
protections under this section; and
(B) that the Board shall exclude from
coverage under this section any covered
employees who are employed in offices listed
in paragraph (2) if the Board determines
that such exclusion is required because of--
(i) a conflict of interest or
appearance of a conflict of
interest; or
(ii) Congress' constitutional
responsibilities.
(2) Offices referred to
The offices referred to in paragraph (1)
include--
(A) the personal office of any Member of
the House of Representatives or of any
Senator;
(B) a standing, select, special,
permanent, temporary, or other committee of
the Senate or House of Representatives, or a
joint committee of Congress;
(C) the Office of the Vice President (as
President of the Senate), the Office of the
President pro tempore of the Senate, the
Office of the Majority Leader of the Senate,
the Office of the Minority Leader of the
Senate, the Office of the Majority Whip of
the Senate, the Office of the Minority Whip
of the Senate, the Conference of the
Majority of the Senate, the Conference of
the Minority of the Senate, the Office of
the Secretary of the Conference of the
Majority of the Senate, the Office of the
Secretary of the Conference of the Minority
of the Senate, the Office of the Secretary
for the Majority of the Senate, the Office
of the Secretary for the Minority of the
Senate, the Majority Policy Committee of the
Senate, the Minority Policy Committee of the
Senate, and the following offices within the
Office of the Secretary of the Senate:
Offices of the Parliamentarian, Bill Clerk,
Legislative Clerk, Journal Clerk, Executive
Clerk, Enrolling Clerk, Official Reporters
of Debate, Daily Digest, Printing Services,
Captioning Services, and Senate Chief
Counsel for Employment;
(D) the Office of the Speaker of the
House of Representatives, the Office of the
Majority Leader of the House of
Representatives, the Office of the Minority
Leader of the House of Representatives, the
Offices of the Chief Deputy Majority Whips,
the Offices of the Chief Deputy Minority
Whips and the following offices within the
Office of the Clerk of the House of
Representatives: Offices of Legislative
Operations, Official Reporters of Debate,
Official Reporters to Committees, Printing
Services, and Legislative Information;
(E) the Office of the Legislative
Counsel of the Senate, the Office of the
Senate Legal Counsel, the Office of the
Legislative Counsel of the House of
Representatives, the Office of the General
Counsel of the House of Representatives, the
Office of the Parliamentarian of the House
of Representatives, and the Office of the
Law Revision Counsel;
(F) the offices of any caucus or party
organization;
(G) the Congressional Budget Office, the
Office of Technology Assessment, and the
Office of Compliance; and
(H) such other offices that perform
comparable functions which are identified
under regulations of the Board.
[[Page 639]]
(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
745 Sec. 1361. Generally applicable remedies and limitations.
(a) Attorney's fees
If a covered employee, with respect to any claim under
this chapter, or a qualified person with a disability, with
respect to any claim under section 1331 of this title, is a
prevailing party in any proceeding under section 1405, 1406,
1407, or 1408 of this title, the hearing officer, Board, or
court, as the case may be, may award attorney's fees, expert
fees, and any other costs as would be appropriate if awarded
under section 706(k) of the Civil Rights Act of 1964 (42
U.S.C. 2000e-5(k)).
(b) Interest
In any proceeding under sections 1405, 1406, 1407, or
1408 of this title, the same interest to compensate for
delay in payment shall be made available as would be
appropriate if awarded under section 717(d) of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-16(d)).
(c) Civil penalties and punitive damages
No civil penalty or punitive damages may be awarded with
respect to any claim under this chapter.
(d) Exclusive procedure
(1) In general
Except as provided in paragraph (2), no
person may commence an administrative or
judicial proceeding to seek a remedy for the
rights and protections afforded by this chapter
except as provided in this chapter.
(2) Veterans
A covered employee under section 1316 of
this title may also utilize any provisions of
chapter 43 of Title 38, that are applicable to
that employee.
(e) Scope of remedy
Only a covered employee who has undertaken and completed
the procedures described in sections 1402 and 1403 of this
title may be granted a remedy under part A of this
subchapter.
(f) Construction
(1) Definitions and exemptions
[[Page 640]]
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
746 Sec. 1371. Study and recommendations regarding Government
Accountability Office, Government Printing Office, and
Library of Congress.
(a) In general
The Board shall undertake a study of--
(1) the application of the laws listed in
subsection (b) of this section to--
(A) the Government Accountability
Office;
(B) the Government Printing Office; and
(C) the Library of Congress; and
(2) the regulations and procedures used by
the entities referred to in paragraph (1) to
apply and enforce such laws to themselves and
their employees.
(b) Applicable statutes
The study under this section shall consider the
application of the following laws:
(1) Title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.), and related
provisions of section 2302 of Title 5.
(2) The Age Discrimination in Employment Act
of 1967 (29 U.S.C. 621 et seq.), and related
provisions of section 2302 of Title 5.
(3) The Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), and related
provisions of section 2302 of Title 5.
(4) The Family and Medical Leave Act of 1993
(29 U.S.C. 2611 et seq.), and related provisions
of sections 6381 through 6387 of Title 5.
(5) The Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.), and related provisions of
sections 5541 through 5550a of Title 5.
(6) The Occupational Safety and Health Act
of 1970 (29 U.S.C. 651 et seq.), and related
provisions of section 7902 of Title 5.
(7) The Rehabilitation Act of 1973 (29
U.S.C. 701 et seq.).
(8) Chapter 71 (relating to Federal service
and labor-management relations) of Title 5.
(9) The Government Accountability Office
Personnel Act of 1980 (31 U.S.C. 731 et seq.).
(10) The Employee Polygraph Protection Act
of 1988 (29 U.S.C. 2001 et seq.).
[[Page 641]]
(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
747 Sec. 1381. Establishment of Office of Compliance.
(a) Establishment
There is established, as an independent office within
the legislative branch of the Federal Government, the Office
of Compliance.
(b) Board of Directors
The Office shall have a Board of Directors. The Board
shall consist of five individuals appointed jointly by the
Speaker of the House of Representatives, the Majority Leader
of the Senate, and the Minority Leaders of the House of
Representatives and the Senate. Appointments of the first
five members of the Board shall be completed not later than
90 days after January 23, 1995.
(c) Chair
The Chair shall be appointed from members of the Board
jointly by the Speaker of the House of Representatives, the
Majority Leader of the Senate, and the Minority Leaders of
the House of Representatives and the Senate.
(d) Board of Directors qualifications
(1) Specific qualifications
Selection and appointment of members of
the Board shall be without regard to
political affiliation and solely on the
basis of fitness to perform the duties of
the Office. Members of the Board shall have
training or experience in the application of
[[Page 642]]
the rights, protections, and remedies under
one or more of the laws made applicable
under section 1302 of this title.
(2) Disqualifications for appointments
(A) Lobbying
No individual who engages in, or is
otherwise employed in, lobbying of the
Congress and who is required under chapter
8a of this title to register with the Clerk
of the House of Representatives or the
Secretary of the Senate shall be eligible
for appointment to, or service on, the
Board.
(B) Incompatible office
No member of the Board appointed under
subsection (b) of this section may hold or
may have held the position of Member of the
House of Representatives or Senator, may
hold the position of officer or employee of
the House of Representatives, Senate, or
instrumentality or other entity of the
legislative branch (other than the Office),
or may have held such a position (other than
the position of an officer or employee of
the General Accounting Office Personnel
Appeals Board,\1\ an officer or employee of
the Office of Fair Employment Practices of
the House of Representatives, or officer or
employee of the Office of Senate Fair
Employment Practices) within 4 years of the
date of appointment.
\1\The General Accounting Office is now the Government
Accountability Office.
(3) Vacancies
A vacancy on the Board shall be filled in
the manner in which the original appointment was
made.
(e) Term of office
(1) In general
Except as provided in paragraph (2),
membership on the Board shall be for 5 years. A
member of the Board may be reappointed, but no
individual may serve as a member for more than 2
terms.
(2) First appointment
Of the members first appointed to the
Board--
(A) 1 shall have a term of office of 3
years,
(B) 2 shall have a term of office of 4
years, and
(C) 2 shall have a term of office of 5
years, 1 of whom shall be the Chair,
as designated at the time of appointment by the persons
specified in subsection (b) of this section.
(f) Removal
(1) Authority
Any member of the Board may be removed from
office by a majority decision of the appointing
authorities described in subsection (b) of this
section, but only for--
(A) disability that substantially
prevents the member from carrying out the
duties of the member,
(B) incompetence,
(C) neglect of duty,
(D) malfeasance, including a felony or
conduct involving moral turpitude, or
[[Page 643]]
(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 memember may be prorated based on the
portion of the day during which the member is
engaged in the performance of Board duties.
(2) Travel expenses
Each member of the Board shall receive travel expenses,
including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of Title 5, for each day the member is engaged in
the performance of duties away from the home or regular
place of business of the member.
(h) Duties
The Office shall--
(1) carry out a program of education for
Members of Congress and other employing
authorities of the legislative branch of the
Federal Government respecting the laws made
applicable to them and a program to inform
individuals of their rights under laws
applicable to the legislative branch of the
Federal Government;
(2) in carrying out the program under
paragraph (1), distribute the telephone number
and address of the Office, procedures for action
under Title IV, and any other information
appropriate for distribution, distribute such
information to employing offices in a manner
suitable for posting, provide such information
to new employees of employing offices,
distribute such information to the residences of
covered employees, and conduct seminars and
other activities designed to educate employing
offices and covered employees; and
(3) compile and publish statistics on the
use of the Office by covered employees,
including the number and type of contacts made
with the Office, on the reason for such
contacts, on the number of covered employees who
initiated proceedings with the Office under this
chapter and the result of such proceedings, and
on the number of covered employees who filed a
complaint, the basis for the complaint, and the
action taken on the complaint.
[[Page 644]]
(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.)
748 Sec. 1382. Officers, staff, and other personnel.
(a) Executive Director
(1) Appointment and removal
(A) In general
The Chair, subject to the approval of
the Board, shall appoint and may remove an
Executive Director. Selection and
appointment of the Executive Director shall
be without regard to political affiliation
and solely on the basis of fitness to
perform the duties of the Office. The first
Executive Director shall be appointed no
later than 90 days after the initial
appointment of the Board of Directors.
(B) Qualifications
The Executive Director shall be an
individual with training or expertise in the
application of laws referred to in section
1302(a) of this title.
(C) Disqualifications
The disqualifications in section
1381(d)(2) of this title shall apply to the
appointment of the Executive Director.
(2) Compensation
(A) Authority to fix compensation
The Chair may fix the compensation of
the Executive Director.
(B) Limitation
The rate of pay for the Executive
Director may not exceed the lesser of--
(i) the highest annual rate of
compensation of any officer of the
Senate; or
(ii) the highest annual rate of
compensation of any officer of the
House of Representatives.
(3) Term
The term of office of the Executive Director
shall be not more than 2 terms of 5 years,
except that the first Executive Director shall
have a single term of 7 years.
[[Page 645]]
(4) Duties
The Executive Director shall serve as the
chief operating officer of the Office. Except as
otherwise specified in this chapter, the
Executive Director shall carry out all of the
responsibilities of the Office under this
chapter.
(b) Deputy Executive Directors
(1) In general
The Chair, subject to the approval of the
Board, shall appoint and may remove a Deputy
Executive Director for the Senate and a Deputy
Executive Director for the House of
Representatives. Selection and appointment of a
Deputy Executive Director shall be without
regard to political affiliation and solely on
the basis of fitness to perform the duties of
the office. The disqualifications in section
1381(d)(2) of this title shall apply to the
appointment of a Deputy Executive Director.
(2) Term
The term of office of a Deputy Executive
Director shall be not more than 2 terms of 5
years, except that the first Deputy Executive
Directors shall have a single term of 6 years.
(3) Compensation
(A) Authority to fix compensation.--The
Chair may fix the compensation of the Deputy
Executive Directors.
(B) The rate of pay for a Deputy Executive
Director may not exceed 96 percent of the lesser
of--
(i) the highest annual rate of
compensation of any officer of the Senate;
or
(ii) the highest annual rate of
compensation of any officer of the House of
Representatives.
(4) Duties
The Deputy Executive Director for the Senate
shall recommend to the Board regulations under
section 1384(a)(2)(B)(i) of this title, maintain
the regulations and all records pertaining to
the regulations, and shall assume such other
responsibilities as may be delegated by the
Executive Director. The Deputy Executive
Director for the House of Representatives shall
recommend to the Board the regulations under
section 1384(a)(2)(B)(ii) of this title,
maintain the regulations and all records
pertaining to the regulations, and shall assume
such other responsibilities as may be delegated
by the Executive Director.
(c) General Counsel
(1) In general
The Chair, subject to the approval of the
Board, shall appoint a General Counsel.
Selection and appointment of the General Counsel
shall be without regard to political affiliation
and solely on the basis of fitness to perform
the duties of the Office. The disqualifications
in section 1381(d)(2) of this title shall apply
to the appointment of a General Counsel.
(2) Compensation
(A) Authority to fix compensation
The Chair may fix the compensation of
the General Counsel.
(B) Limitation
[[Page 646]]
The rate of pay for the General Counsel
may not exceed the lesser of--
(i) the highest annual rate of
compensation of any officer of the
Senate; or
(ii) the highest annual rate of
compensation of any officer of the
House of Representatives.
(3) Duties
The General Counsel shall--
(A) exercise the authorities and perform
the duties of the General Counsel as
specified in this chapter; and
(B) otherwise assist the Board and the
Executive Director in carrying out their
duties and powers, including representing
the Office in any judicial proceeding under
this chapter.
(4) Attorneys in the Office of the General Counsel
The General Counsel shall appoint, and fix
the compensation of, and may remove, such
additional attorneys as may be necessary to
enable the General Counsel to perform the
General Counsel's duties.
(5) Term
The term of office of the General Counsel
shall be not more than 2 terms of 5 years.
(6) Removal
(A) Authority
The General Counsel may be removed from
office by the Chair but only for--
(i) disability that
substantially prevents the General
Counsel from carrying out the duties
of the General Counsel,
(ii) incompetence,
(iii) neglect of duty,
(iv) malfeasance, including a
felony or conduct involving moral
turpitude, or
(v) holding an office or
employment or engaging in an
activity that disqualifies the
individual from service as the
General Counsel under paragraph (1).
(B) Statement of reasons for removal
In removing the General Counsel, the
Speaker of the House of Representatives and
the President pro tempore of the Senate
shall state in writing to the General
Counsel the specific reasons for the
removal.
(d) Other staff
The Executive Director shall appoint, and fix the
compensation of, and may remove, such other additional
staff, including hearing officers, but not including
attorneys employed in the office of the General Counsel, as
may be necessary to enable the Office to perform its duties.
(e) Detailed personnel
The Executive Director may, with the prior consent of
the department or agency of the Federal Government
concerned, use on a reimbursable or nonreimbursable basis
the services of personnel of any such department or agency,
including the services of members or personnel of the
Government Accountability Office Personnel Appeals Board.
[[Page 647]]
(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.)
749 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.)
750 Sec. 1384. Substantive regulations.
(a) Regulations
(1) In general
The procedures applicable to the regulations
of the Board issued for the implementation of
this chapter, which shall include regulations
the Board is required to issue under subchapter
II of this title (including regulations on the
appropriate application of exemptions under the
laws made applicable in subchapter II of this
title) are as prescribed in this section.
(2) Rulemaking procedure
Such regulations of the Board--
(A) shall be adopted, approved, and
issued in accordance with subsection (b) of
this section; and
(B) shall consist of 3 separate bodies
of regulations, which shall apply,
respectively, to--
(i) the Senate and employees of
the Senate;
[[Page 648]]
(ii) the House of
Representatives and employees of the
House of Representatives; and
(iii) all other covered
employees and employing offices.
(b) Adoption by the Board
The Board shall adopt the regulations referred to in
subsection (a)(1) of this section in accordance with the
principles and procedures set forth in section 553 of Title
5, and as provided in the following provisions of this
subsection:
(1) Proposal
The Board shall publish a general notice
of proposed rulemaking under section 553(b)
of Title 5, but, instead of publication of a
general notice of proposed rulemaking in the
Federal Register, the Board shall transmit
such notice to the Speaker of the House of
Representatives and the President pro
tempore of the Senate for publication in the
Congressional Record on the first day on
which both Houses are in session following
such transmittal. Such notice shall set
forth the recommendations of the Deputy
Director for the Senate in regard to
regulations under subsection (a)(2)(B)(i) of
this section, the recommendations of the
Deputy Director for the House of
Representatives in regard to regulations
under subsection (a)(2)(B)(ii) of this
section, and the recommendations of the
Executive Director for regulations under
subsection (a)(2)(B)(iii) of this section.
(2) Comment
Before adopting regulations, the Board
shall provide a comment period of at least
30 days after publication of a general
notice of proposed rulemaking.
(3) Adoption
After considering comments, the Board
shall adopt regulations and shall transmit
notice of such action together with a copy
of such regulations to the Speaker of the
House of Representatives and the President
pro tempore of the Senate for publication in
the Congressional Record on the first day on
which both Houses are in session following
such transmittal.
(4) Recommendation as to method of approval
The Board shall include a recommendation
in the general notice of proposed rulemaking
and in the regulations as to whether the
regulations should be approved by resolution
of the Senate, by resolution of the House of
Representatives, by concurrent resolution,
or by joint resolution.
(c) Approval of regulations
(1) In general
Regulations referred to in paragraph
(2)(B)(i) of subsection (a) of this section may
be approved by the Senate by resolution or by
the Congress by concurrent resolution or by
joint resolution. Regulations referred to in
paragraph (2)(B)(ii) of subsection (a) of this
section may be approved by the House of
Representatives by resolution or by the Congress
by concurrent resolution or by joint resolution.
Regulations referred to in paragraph (2)(B)(iii)
may be approved by Congress by concurrent
resolution or by joint resolution.
(2) Referral
[[Page 649]]
Upon receipt of a notice of adoption of
regulations under subsection (b)(3) of this
section, the presiding officers of the House of
Representatives and the Senate shall refer such
notice, together with a copy of such
regulations, to the appropriate committee or
committees of the House of Representatives and
of the Senate. The purpose of the referral shall
be to consider whether such regulations should
be approved, and, if so, whether such approval
should be by resolution of the House of
Representatives or of the Senate, by concurrent
resolution or by joint resolution.
(3) Joint referral and discharge in the Senate
The presiding officer of the Senate may
refer the notice of issuance of regulations, or
any resolution of approval of regulations, to
one committee or jointly to more than one
committee. If a committee of the Senate acts to
report a jointly referred measure, any other
committee of the Senate must act within 30
calendar days of continuous session, or be
automatically discharged.
(4) One-house resolution or concurrent resolution
In the case of a resolution of the House of
Representatives or the Senate or a concurrent
resolution referred to in paragraph (1), the
matter after the resolving clause shall be the
following: ``The following regulations issued by
the Office of Compliance on __ are hereby
approved:'' (the blank space being appropriately
filled in, and the text of the regulations being
set forth).
(5) Joint resolution
In the case of a joint resolution referred
to in paragraph (1), the matter after the
resolving clause shall be the following: ``The
following regulations issued by the Office of
Compliance on __ are hereby approved and shall
have the force and effect of law:'' (the blank
space being appropriately filled in, and the
text of the regulations being set forth).
(d) Issuance and effective date
(1) Publication
After approval of regulations under
subsection (c) of this section, the Board shall
submit the regulations to the Speaker of the
House of Representatives and the President pro
tempore of the Senate for publication in the
Congressional Record on the first day on which
both Houses are in session following such
transmittal.
(2) Date of issuance
The date of issuance of regulations shall be
the date on which they are published in the
Congressional Record under paragraph (1).
(3) Effective date
Regulations shall become effective not less
than 60 days after the regulations are issued,
except that the Board may provide for an earlier
effective date for good cause found (within the
meaning of section 553(d)(3) of Title 5) and
published with the regulation.
(e) Amendment of regulations
Regulations may be amended in the same manner as is
described in this section for the adoption, approval, and
issuance of regulations, except that the Board may, in its
discretion, dispense with publication of a general notice of
proposed rulemaking of minor, technical, or urgent
[[Page 650]]
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.)
751 Sec. 1385. Expenses.
(a) Authorization of appropriations
Beginning in fiscal year 1995, and for each fiscal year
thereafter, there are authorized to be appropriated for the
expenses of the Office such sums as may be necessary to
carry out the functions of the Office. Until sums are first
appropriated pursuant to the preceding sentence, but for a
period not exceeding 12 months following January 23, 1995--
(1) one-half of the expenses of the Office
shall be paid from funds appropriated for
allowances and expenses of the House of
Representatives, and
(2) one-half of the expenses of the Office
shall be paid from funds appropriated for
allowances and expenses of the Senate, upon
vouchers approved by the Executive Director,
except that a voucher shall not be required for
the disbursement of salaries of employees who
are paid at an annual rate. The Clerk of the
House of Representatives and the Secretary of
the Senate are authorized to make arrangements
for the division of expenses under this
subsection, including arrangements for one House
of Congress to reimburse the other House of
Congress.
(b) Financial and administrative services
The Executive Director may place orders and enter into
agreements for goods and services with the head of any
agency, or major organizational unit within an agency, in
the legislative or executive branch of the United States in
the same manner and to the same extent as agencies are
authorized under sections 1535 and 1536 of Title 31, to
place orders and enter into agreements.
(c) Witness fees and allowances
Except for covered employees, witnesses before a hearing
officer or the Board in any proceeding under this chapter
other than rulemaking shall be paid the same fee and mileage
allowances as are paid subpoenaed witnesses in the courts of
the United States. Covered employees
[[Page 651]]
who are summoned, or are assigned by their employer, to
testify in their official capacity or to produce official
records in any proceeding under this Act shall be entitled
to travel expenses under subchapter I and section 5751 of
chapter 57 of Title 5. (Pub.L. 104-1, Title III, Sec. 305,
Jan. 23, 1995, 109 Stat. 31.)
Subchapter IV.--Administrative and Judicial Dispute-
Resolution Procedures
752 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.)
753 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.)
754 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
[[Page 652]]
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.)
755 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.)
756 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.
[[Page 653]]
(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
[[Page 654]]
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.)
757 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,
[[Page 655]]
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.)
758 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
[[Page 656]]
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.)
759 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
[[Page 657]]
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.)
760 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
[[Page 658]]
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.)
761 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.)
762 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.)
763 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.)
764 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.)
765 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
[[Page 659]]
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.)
766 Sec. 1415. Payments.
(a) Awards and settlements
Except as provided in subsection (c), only funds which
are appropriated to an account of the Office in the Treasury
of the United States for the payment of awards and
settlements may be used for the payment of awards and
settlements under this Act. There are authorized to be
appropriated for such account such sums as may be necessary
to pay such awards and settlements. Funds in the account are
not available for awards and settlements involving the
Government Accountability Office, the Government Printing
Office, or the Library of Congress.
(b) Compliance
Except as provided in subsection (c), there are
authorized to be appropriated such sums as may be necessary
for administrative, personnel, and similar expenses of
employing offices which are needed to comply with this
chapter.
(c) OSHA, accommodation, and access requirements
Funds to correct violations of section 1311(a)(3), 1331,
or 1341 of this title may be paid only from funds
appropriated to the employing office or entity responsible
for correcting such violations. There are authorized to be
appropriated such sums as may be necessary for such funds.
(Pub.L. 104-1, Title IV, Sec. 415, Jan. 23, 1995, 109 Stat.
38; Pub.L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)
767 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.
[[Page 660]]
(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
768 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.)
769 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;
[[Page 661]]
(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.)
770 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.)
771 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
[[Page 662]]
of this chapter. (Pub.L. 104-1, Title V, Sec. 505, Jan. 23,
1995, 109 Stat. 41.)
772 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.
[[Page 663]]
(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.)
773 Sec. 1436. Repealed (Pub.L. 106-57, Title III, Sec. 313,
Sept. 29, 1999, 113 Stat. 428).
774 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.)
775 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
776 Sec. 1501. Purposes.
The purposes of this chapter are--
(1) to strengthen the partnership between
the Federal Government and State, local, and
tribal governments;
[[Page 664]]
(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.)
777 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.)
[[Page 665]]
778 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.)
779 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
780 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
[[Page 666]]
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.''
781 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.)
782 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.)
[[Page 667]]
783 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.)
784 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.)
785 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
786 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.)
787 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
[[Page 668]]
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
788 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;
[[Page 669]]
(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.)
789 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.)
790 Sec. 1535. Least burdensome option or explanation required.
(a) In general
Except as provided in subsection (b) of this section,
before promulgating any rule for which a written statement
is required under section 1532 of this title, the agency
shall identify and consider a reasonable number of
regulatory alternatives and from those alternatives select
the least costly, most cost-effective or least burdensome
alternative that achieves the objectives of the rule, for--
(1) State, local, and tribal governments, in
the case of a rule containing a Federal
intergovernmental mandate; and
(2) the private sector, in the case of a
rule containing a Federal private sector
mandate.
[[Page 670]]
(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.)
791 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.)
792 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.)
793 Sec. 1538. Annual statements to Congress on agency
compliance.
No later than 1 year after March 22, 1995 and annually
thereafter, the Director of the Office of Management and
Budget shall submit to the Congress, including the Committee
on Governmental Affairs of the Senate and the Committee on
Government Reform and Oversight of the House of
Representatives, a written report detailing compliance by
each agency during the preceding reporting period with the
requirements of this subchapter. (Pub.L. 104-4, Title II,
Sec. 208, Mar. 22, 1995, 109 Stat. 67.)
[[Page 671]]
Subchapter III.--Review of Federal Mandates
794 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.)
795 Sec. 1552. Report on Federal mandates by Advisory Commission
on Intergovernmental Relations.
(a) In general
The Advisory Commission on Intergovernmental Relations
shall in accordance with this section--
(1) investigate and review the role of
Federal mandates in intergovernmental relations
and their impact on State, local, tribal, and
Federal government objectives and
responsibilities, and their impact on the
competitive balance between State, local, and
tribal governments, and the private sector and
consider views of and the impact on working men
and women on those same matters;
(2) investigate and review the role of
unfunded State mandates imposed on local
governments;
(3) make recommendations to the President
and the Congress regarding--
(A) allowing flexibility for State,
local, and tribal governments in complying
with specific Federal mandates for which
terms of compliance are unnecessarily rigid
or complex;
(B) reconciling any two or more Federal
mandates which impose contradictory or
inconsistent requirements;
(C) terminating Federal mandates which
are duplicative, obsolete, or lacking in
practical utility;
(D) suspending, on a temporary basis,
Federal mandates which are not vital to
public health and safety and which compound
the fiscal difficulties of State, local, and
tribal governments, including
recommendations for triggering such
suspension;
(E) consolidating or simplifying Federal
mandates, or the planning or reporting
requirements of such mandates, in order to
reduce duplication and facilitate compliance
by State, local, and tribal governments with
those mandates;
[[Page 672]]
(F) establishing common Federal
definitions or standards to be used by
State, local, and tribal governments in
complying with Federal mandates that use
different definitions or standards for the
same terms or principles; and
(G)(i) the mitigation of negative
impacts on the private sector that may
result from relieving State, local, and
tribal governments from Federal mandates (if
and to the extent that such negative impacts
exist on the private sector); and
(ii) the feasibility of applying relief
from Federal mandates in the same manner and
to the same extent to private sector
entities as such relief is applied to State,
local, and tribal governments; and
(4) identify and consider in each
recommendation made under paragraph (3), to the
extent practicable--
(A) the specific Federal mandates to
which the recommendation applies, including
requirements of the departments, agencies,
and other entities of the Federal Government
that State, local, and tribal governments
utilize metric systems of measurement; and
(B) any negative impact on the private
sector that may result from implementation
of the recommendation.
(b) Criteria
(1) In general
The Commission shall establish criteria for
making recommendations under subsection (a) of
this section.
(2) Issuance of proposed criteria
The Commission shall issue proposed criteria
under this subsection no later than 60 days
after March 22, 1995, and thereafter provide a
period of 30 days for submission by the public
of comments on the proposed criteria.
(3) Final criteria
No later than 45 days after the date of
issuance of proposed criteria, the Commission
shall--
(A) consider comments on the proposed
criteria received under paragraph (2);
(B) adopt and incorporate in final
criteria any recommendations submitted in
those comments that the Commission
determines will aid the Commission in
carrying out its duties under this section;
and
(C) issue final criteria under this
subsection.
(c) Preliminary report
(1) In general
No later than 9 months after March 22, 1995,
the Commission shall--
(A) prepare and publish a preliminary
report on its activities under this
subchapter, including preliminary
recommendations pursuant to subsection (a)
of this section;
(B) publish in the Federal Register a
notice of availability of the preliminary
report; and
(C) provide copies of the preliminary
report to the public upon request.
(2) Public hearings
[[Page 673]]
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.)
796 Sec. 1553. Special authorities of Advisory Commission.
(a) Experts and consultants
For purposes of carrying out this subchapter, the
Advisory Commission may procure temporary and intermittent
services of experts or consultants under section 3109(b) of
title 5.
(b) Detail of staff of Federal agencies
Upon request of the Executive Director of the Advisory
Commission, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of
that department or agency to the Advisory Commission to
assist it in carrying out this subchapter.
(c) Administrative support services
Upon the request of the Advisory Commission, the
Administrator of General Services shall provide to the
Advisory Commission, on a reimbursable basis, the
administrative support services necessary for the Advisory
Commission to carry out its duties under this subchapter.
(d) Contract authority
The Advisory Commission may, subject to appropriations,
contract with and compensate government and private persons
(including agencies) for property and services used to carry
out its duties under this subchapter. (Pub.L. 104-4, Title
III, Sec. 303, Mar. 22, 1995, 109 Stat. 69.)
[[Page 674]]
797 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.)
798 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.)
799 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
800 Sec. 1571. Judicial review.
(a) Agency statements on significant regulatory actions
(1) In general
Compliance or noncompliance by any agency
with the provisions of sections 1532 and 1533(a)
(1) and (2) of this title shall be subject to
judicial review only in accordance with this
section.
(2) Limited review of agency compliance or noncompliance
(A) Agency compliance or noncompliance with
the provisions of sections 1532 and 1533(a) (1)
and (2) of this title shall be subject to
judicial review only under section 706(1) of
title 5, and only as provided under subparagraph
(B).
(B) If an agency fails to prepare the
written statement (including the preparation of
the estimates, analyses, statements, or
descriptions) under section 1532 of this title
or the written plan under section 1533(a) (1)
and (2) of this title, a court may compel the
agency to prepare such written statement.
(3) Review of agency rules
In any judicial review under any other
Federal law of an agency rule for which a
written statement or plan is required under
sections 1532 and 1533(a) (1) and (2) of this
title, the inadequacy or failure to prepare such
statement (including the inadequacy or failure
to prepare any estimate, analysis, statement or
description) or written plan shall not be used
as a basis for staying, enjoining, invalidating
or otherwise affecting such agency rule.
[[Page 675]]
(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
801 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.)
802 Sec. 1602. Definitions.
As used in this chapter:
(1) Agency
The term ``agency'' has the meaning
given that term in section 551(1) of title
5.
[[Page 676]]
(2) Client
The term ``client'' means any person or
entity that employs or retains another
person for financial or other compensation
to conduct lobbying activities on behalf of
that person or entity. A person or entity
whose employees act as lobbyists on its own
behalf is both a client and an employer of
such employees. In the case of a coalition
or association that employs or retains other
persons to conduct lobbying activities, the
client is the coalition or association and
not its individual members.
(3) Covered executive branch official
The term ``covered executive branch
official'' means--
(A) the President;
(B) the Vice President;
(C) any officer or employee, or
any other individual functioning in
the capacity of such an officer or
employee, in the Executive Office of
the President;
(D) any officer or employee
serving in a position in level I,
II, III, IV, or V of the Executive
Schedule, as designated by statute
or Executive order;
(E) any member of the uniformed
services whose pay grade is at or
above O-7 under section 201 of title
37; and
(F) any officer or employee
serving in a position of a
confidential, policy-determining,
policy-making, or policy-advocating
character described in section
7511(b)(2)(B) of title 5.
(4) Covered legislative branch official
The term ``covered legislative branch
official'' means--
(A) a Member of Congress;
(B) an elected officer of either
House of Congress;
(C) any employee of, or any
other individual functioning in the
capacity of an employee of--
(i) a Member of
Congress;
(ii) a committee of
either House of Congress;
(iii) the leadership
staff of the House of
Representatives or the
leadership staff of the
Senate;
(iv) a joint committee
of Congress; and
(v) a working group or
caucus organized to provide
legislative services or
other assistance to Members
of Congress; and
(D) any other legislative branch
employee serving in a position
described under section 109(13) of
the Ethics in Government Act of 1978
(5 U.S.C. App.).
(5) Employee
The term ``employee'' means any
individual who is an officer, employee,
partner, director, or proprietor of a person
or entity, but does not include--
(A) independent contractors; or
(B) volunteers who receive no
financial or other compensation from
the person or entity for their
services.
(6) Foreign entity
[[Page 677]]
The term ``foreign entity'' means a
foreign principal (as defined in section
1(b) of the Foreign Agents Registration Act
of 1938 (22 U.S.C. 611(b)).
(7) Lobbying activities
The term ``lobbying activities'' means
lobbying contacts and efforts in support of
such contacts, including preparation and
planning activities, research and other
background work that is intended, at the
time it is performed, for use in contacts,
and coordination with the lobbying
activities of others.
(8) Lobbying contact
(A) Definition
The term ``lobbying contact''
means any oral or written
communication (including an
electronic communication) to a
covered executive branch official or
a covered legislative branch
official that is made on behalf of a
client with regard to--
(i) the formulation,
modification, or adoption of
Federal legislation
(including legislative
proposals);
(ii) the formulation,
modification, or adoption of
a Federal rule, regulation,
Executive order, or any
other program, policy, or
position of the United
States Government;
(iii) the administration
or execution of a Federal
program or policy (including
the negotiation, award, or
administration of a Federal
contract, grant, loan,
permit, or license); or
(iv) the nomination or
confirmation of a person for
a position subject to
confirmation by the Senate.
(B) Exceptions
The term ``lobbying contact''
does not include a communication
that is--
(i) made by a public
official acting in the
public official's official
capacity;
(ii) made by a
representative of a media
organization if the purpose
of the communication is
gathering and disseminating
news and information to the
public;
(iii) made in a speech,
article, publication or
other material that is
distributed and made
available to the public, or
through radio, television,
cable television, or other
medium of mass
communication;
(iv) made on behalf of a
government of a foreign
country or a foreign
political party and
disclosed under the Foreign
Agents Registration Act of
1938 (22 U.S.C. 611 et
seq.);
(v) a request for a
meeting, a request for the
status of an action, or any
other similar administrative
request, if the request does
not include an attempt to
influence a covered
executive branch official or
a covered legislative branch
official;
(vi) made in the course
of participation in an
advisory committee subject
to the Federal Advisory
Committee Act;
(vii) testimony given
before a committee,
subcommittee, or task force
of the Congress, or
submitted
[[Page 678]]
for inclusion in the public
record of a hearing
conducted by such committee,
subcommittee, or task force;
(viii) information
provided in writing in
response to an oral or
written request by a covered
executive branch official or
a covered legislative branch
official for specific
information;
(ix) required by
subpoena, civil
investigative demand, or
otherwise compelled by
statute, regulation, or
other action of the Congress
or an agency, including any
communication compelled by a
Federal contract, grant,
loan, permit, or license;
(x) made in response to
a notice in the Federal
Register, Commerce Business
Daily, or other similar
publication soliciting
communications from the
public and directed to the
agency official specifically
designated in the notice to
receive such communications;
(xi) not possible to
report without disclosing
information, the
unauthorized disclosure of
which is prohibited by law;
(xii) made to an
official in an agency with
regard to--
(I) a judicial
proceeding or a criminal or
civil law enforcement
inquiry, investigation, or
proceeding; or
(II) a filing or
proceeding that the
Government is specifically
required by statute or
regulation to maintain or
conduct on a confidential
basis, if that agency is
charged with responsibility
for such proceeding,
inquiry, investigation, or
filing
(xiii) made in
compliance with written
agency procedures regarding
an adjudication conducted by
the agency under section 554
of title 5, or substantially
similar provisions;
(xiv) a written comment
filed in the course of a
public proceeding or any
other communication that is
made on the record in a
public proceeding;
(xv) a petition for
agency action made in
writing and required to be a
matter of public record
pursuant to established
agency procedures;
(xvi) made on behalf of
an individual with regard to
that individual's benefits,
employment, or other
personal matters involving
only that individual, except
that this clause does not
apply to any communication
with--
(I) a covered
executive branch official,
or
(II) a covered
legislative branch official
(other than the individual's
elected Members of Congress
or employees who work under
such Members' direct
supervision), with respect
to the formulation,
modification, or adoption of
private legislation for the
relief of that individual;
(xvii) a disclosure by
an individual that is
protected under the
amendments made by the
Whistleblower Protection Act
of 1989 [5 U.S.C. 1201 et
seq.], under the Inspector
General Act of 1978 [12
U.S.C. 1811 et seq.], or
under another provision of
law;
[[Page 679]]
(xviii) made by--
(I) a church, its
integrated auxiliary, or a
convention or association of
churches that is exempt from
filing a Federal income tax
return under paragraph
2(A)(i) of section 6033(a)
of the Internal Revenue Code
of 1986 [26 U.S.C. 6033(a)],
or
(II) a religious order
that is exempt from filing a
Federal income tax return
under paragraph (2)(A)(iii)
of such section 6033(a); and
(xix) between--
(I) officials of a
self-regulatory organization
(as defined in section
3(a)(26) of the Securities
Exchange Act [15 U.S.C.
78c(a)(26)]) that is
registered with or
established by the
Securities and Exchange
Commission as required by
that Act or a similar
organization that is
designated by or registered
with the Commodities Future
Trading Commission as
provided under the Commodity
Exchange Act [7 U.S.C. 1 et
seq.]; and
(II) the Securities
and Exchange Commission or
the Commodities Futures
Trading Commission,
respectively; relating to
the regulatory
responsibilities of such
organization under that Act.
(9) Lobbying firm
The term ``lobbying firm'' means a
person or entity that has 1 or more
employees who are lobbyists on behalf of a
client other than that person or entity. The
term also includes a self-employed
individual who is a lobbyist.
(10) Lobbyist
The term ``lobbyist'' means any
individual who is employed or retained by a
client for financial or other compensation
for services that include more than one
lobbying contact, other than an individual
whose lobbying activities constitute less
than 20 percent of the time engaged in the
services provided by such individual to that
client over a 3-month period.
(11) Media organization
The term ``media organization'' means a
person or entity engaged in disseminating
information to the general public through a
newspaper, magazine, other publication,
radio, television, cable television, or
other medium of mass communication.
(12) Member of Congress
The term ``Member of Congress'' means a
Senator or a Representative in, or Delegate
or Resident Commissioner to, the Congress.
(13) Organization
The term ``organization'' means a person
or entity other than an individual.
(14) Person or entity
The term ``person or entity'' means any
individual, corporation, company,
foundation, association, labor organization,
firm, partnership, society, joint stock
company, group of organizations, or State or
local government.
(15) Public official
The term ``public official'' means any
elected official, appointed official, or
employee of--
[[Page 680]]
(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.)
803 Sec. 1603. Registration of lobbyists.
(a) Registration
(1) General rule
No later than 45 days after a lobbyist first
makes a lobbying contact or is employed or
retained to make a lobbying contact, whichever
is earlier, or on the first business day after
such 45th day if the 45th day is not a business
day, such lobbyist (or, as provided under
paragraph (2), the organization employing such
lobbyist), shall register with the Secretary of
the Senate and the Clerk of the House of
Representatives.
(2) Employer filing
Any organization that has 1 or more
employees who are lobbyists shall file a single
registration under this section on behalf of
such employees for each client on whose behalf
the employees act as lobbyists.
(3) Exemption
(A) General rule
[[Page 681]]
Notwithstanding paragraphs (1) and (2),
a person or entity whose--
(i) total income for matters
related to lobbying activities on
behalf of a particular client (in
the case of a lobbying firm) does
not exceed and is not expected to
exceed $2,500; or
(ii) total expenses in
connection with lobbying activities
(in the case of an organization
whose employees engage in lobbying
activities on its own behalf) do not
exceed or are not expected to exceed
$10,000, (as estimated under section
1604 of this title) in the quarterly
period described in section 1604(a)
of this title during which the
registration would be made is not
required to register under
subsection (a) of this title with
respect to such client.
(B) Adjustment
The dollar amounts in subparagraph (A)
shall be adjusted--
(i) on January 1, 1997, to
reflect changes in the Consumer
Price Index (as determined by the
Secretary of Labor) since December
19, 1995; and
(ii) on January 1 of each fourth
year occurring after January 1,
1997, to reflect changes in the
Consumer Price Index (as determined
by the Secretary of Labor) during
the preceding 4-year period,
rounded to the nearest $500.
(b) Contents of registration
Each registration under this section shall contain--
(1) the name, address, business telephone
number, and principal place of business of the
registrant, and a general description of its
business or activities;
(2) the name, address, and principal place
of business of the registrant's client, and a
general description of its business or
activities (if different from paragraph (1));
(3) the name, address, and principal place
of business of any organization, other than the
client, that--
(A) contributes more than $5,000 to the
registrant or the client in the quarterly
period to fund the lobbying activities of
the registrant; and
(B) actively participates in the
planning, supervision, or control of such
lobbying activities;
(4) the name, address, principal place of
business, amount of any contribution of more
than $5,000 to the lobbying activities of the
registrant, and approximate percentage of
equitable ownership in the client (if any) of
any foreign entity that--
(A) holds at least 20 percent equitable
ownership in the client or any organization
identified under paragraph (3);
(B) directly or indirectly, in whole or
in major part, plans, supervises, controls,
directs, finances, or subsidizes the
activities of the client or any organization
identified under paragraph (3); or
(C) is an affiliate of the client or any
organization identified under paragraph (3)
and has a direct interest in the outcome of
the lobbying activity;
(5) a statement of--
[[Page 682]]
(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.)
804 Sec. 1604. Reports by registered lobbyists.
(a) Quarterly report
No later than 20 days after the end of the quarterly
period beginning on the first day of January, April, July,
and October of each year in which a registrant is registered
under section 1603 of this title, or on the first business
day after such 20th day if the 20th day is not a business
day, each registrant shall file a report with the Secretary
of the Senate and the Clerk of the House of Representatives
on its
[[Page 683]]
lobbying activities during such quarterly period. A separate
report shall be filed for each client of the registrant.
(b) Contents of report
Each quarterly report filed under subsection (a) of this
section shall contain--
(1) the name of the registrant, the name of
the client, and any changes or updates to the
information provided in the initial registration
including information under section 1603(b)(3)
of this title;
(2) for each general issue area in which the
registrant engaged in lobbying activities on
behalf of the client during the quarterly
period--
(A) a list of the specific issues upon
which a lobbyist employed by the registrant
engaged in lobbying activities, including,
to the maximum extent practicable, a list of
bill numbers and references to specific
executive branch actions;
(B) a statement of the Houses of
Congress and the Federal agencies contacted
by lobbyists employed by the registrant on
behalf of the client;
(C) a list of the employees of the
registrant who acted as lobbyists on behalf
of the client; and
(D) a description of the interest, if
any, of any foreign entity identified under
section 1603(b)(4) of this title in the
specific issues listed under subparagraph
(A);
(3) in the case of a lobbying firm, a good
faith estimate of the total amount of all income
from the client (including any payments to the
registrant by any other person for lobbying
activities on behalf of the client) during the
quarterly period, other than income for matters
that are unrelated to lobbying activities; and
(4) in the case of a registrant engaged in
lobbying activities on its own behalf, a good
faith estimate of the total expenses that the
registrant and its employees incurred in
connection with lobbying activities during the
quarterly period.
(5) for each client, immediately after
listing the client, an identification of whether
the client is a State or local government or a
department, agency, special purpose district, or
other instrumentality controlled by one or more
State or local governments.
(c) Estimates of income or expenses
For purposes of this section, estimates of income or
expenses shall be made as follows:
(1) Estimates of amounts in excess of $5,000
shall be rounded to the nearest $10,000.
(2) In the event income or expenses do not
exceed $5,000, the registrant shall include a
statement that income or expenses totaled less
than $5,000 for the reporting period.
(d) Semiannual reports on certain contributions
(1) In general
Not later than 30 days after the end of the
semiannual period beginning on the first day of
January and July of each year, or on the first
business day after such 30th day if the 30th day
is not a business day, each person or
organization who is registered or is required to
register under paragraph (1) or (2) of section
[[Page 684]]
1603(a) of this title, and each employee who is
or is required to be listed as a lobbyist under
section 1603(b)(6) of this title or subsection
(b)(2)(C) of this section, shall file a report
with the Secretary of the Senate and the Clerk
of the House of Representatives containing--
(A) the name of the person or
organization;
(B) in the case of an employee, his or
her employer;
(C) the names of all political
committees established or controlled by the
person or organization;
(D) the name of each Federal candidate
or officeholder, leadership PAC, or
political party committee, to whom aggregate
contributions equal to or exceeding $200
were made by the person or organization, or
a political committee established or
controlled by the person or organization
within the semiannual period, and the date
and amount of each such contribution made
within the semiannual period;
(E) the date, recipient, and amount of
funds contributed or disbursed during the
semiannual period by the person or
organization or a political committee
established or controlled by the person or
organization--
(i) to pay the cost of an event
to honor or recognize a covered
legislative branch official or
covered executive branch official;
(ii) to an entity that is named
for a covered legislative branch
official, or to a person or entity
in recognition of such official;
(iii) to an entity established,
financed, maintained, or controlled
by a covered legislative branch
official or covered executive branch
official, or an entity designated by
such official; or
(iv) to pay the costs of a
meeting, retreat, conference, or
other similar event held by, or in
the name of, 1 or more covered
legislative branch officials or
covered executive branch officials,
except that this subparagraph shall not apply if the
funds are provided to a person who is required to
report the receipt of the funds under section 434 of
this title;
(F) the name of each Presidential
library foundation, and each Presidential
inaugural committee, to whom contributions
equal to or exceeding $200 were made by the
person or organization, or a political
committee established or controlled by the
person or organization, within the
semiannual period, and the date and amount
of each such contribution within the
semiannual period; and
(G) a certification by the person or
organization filing the report that the
person or organization--
(i) has read and is familiar
with those provisions of the
Standing Rules of the Senate and the
Rules of the House of
Representatives relating to the
provision of gifts and travel; and
(ii) has not provided,
requested, or directed a gift,
including travel, to a Member of
Congress or an officer or employee
of either House of Congress with
knowledge that
[[Page 685]]
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.)
805 Sec. 1605. Disclosure and enforcement.
(a) In general
The Secretary of the Senate and the Clerk of the House
of Representatives shall--
(1) provide guidance and assistance on the
registration and reporting requirements of this
chapter and develop common standards, rules, and
procedures for compliance with this chapter;
(2) review, and, where necessary, verify and
inquire to ensure the accuracy, completeness and
timeliness of registration and reports;
(3) develop filing, coding, and cross-
indexing systems to carry out the purpose of
this chapter, including--
(A) a publicly available list of all
registered lobbyists, lobbying firms, and
their clients; and
(B) computerized systems designed to
minimize the burden of filing and maximize
public access to materials filed under this
chapter;
(4) make available for public inspection and
copying at reasonable times the registrations
and reports filed under this chapter and, in the
case of a report filed in electronic form under
section 1604(e) of this title, make such report
available for public inspection over the
Internet as soon as technically practicable
after the report is so filed;
(5) retain registrations for a period of at
least 6 years after they are terminated and
reports for a period of at least 6 years after
they are filed;
(6) compile and summarize, with respect to
each quarterly period, the information contained
in registrations and reports filed with respect
to such period in a clear and complete manner;
(7) notify any lobbyist or lobbying firm in
writing that may be in noncompliance with this
Act;
(8) notify the United States Attorney for
the District of Columbia that a lobbyist or
lobbying firm may be in noncompliance with this
chapter, if the registrant has been notified in
writing and has
[[Page 686]]
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.)
806 Sec. 1606. Penalties.
(a) Civil penalty
Whoever knowingly fails to--
(1) remedy a defective filing within 60 days
after notice of such a defect by the Secretary
of the Senate or the Clerk of the House of
Representatives; or
(2) comply with any other provision of this
chapter;
shall, upon proof of such knowing violation by a
preponderance of the evidence, be subject to a civil fine of
not more than $200,000, depending on the extent and gravity
of the violation.
[[Page 687]]
(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.)
807 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.)
808 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.)
809 Sec. 1609. Identification of clients and covered officials.
(a) Oral lobbying contacts
Any person or entity that makes an oral lobbying contact
with a covered legislative branch official or a covered
executive branch official shall, on the request of the
official at the time of the lobbying contact--
(1) state whether the person or entity is
registered under this chapter and identify the
client on whose behalf the lobbying contact is
made; and
(2) state whether such client is a foreign
entity and identify any foreign entity required
to be disclosed under section 1603(b)(4) of this
title that has a direct interest in the outcome
of the lobbying activity.
(b) Written lobbying contacts
Any person or entity registered under this chapter that
makes a written lobbying contact (including an electronic
communication) with a covered legislative branch official or
a covered executive branch official shall--
(1) if the client on whose behalf the
lobbying contact was made is a foreign entity,
identify such client, state that the client is
consid
[[Page 688]]
ered a foreign entity under this chapter, and
state whether the person making the lobbying
contact is registered on behalf of that client
under section 1603 of this title; and
(2) identify any other foreign entity
identified pursuant to section 1603(b)(4) of
this title that has a direct interest in the
outcome of the lobbying activity.
(c) Identification as covered official
Upon request by a person or entity making a lobbying
contact, the individual who is contacted or the office
employing that individual shall indicate whether or not the
individual is a covered legislative branch official or a
covered executive branch official. (Pub.L. 104-65, Sec. 14,
Dec. 19, 1995, 109 Stat. 702.)
810 Sec. 1610. Estimates based on tax reporting system.
(a) Entities covered by section 6033(b) of title 26
A person, other than a lobbying firm, that is required
to report and does report lobbying expenditures pursuant to
section 6033(b)(8) of title 26 may--
(1) make a good faith estimate (by category
of dollar value) of applicable amounts that
would be required to be disclosed under such
section for the appropriate quarterly period to
meet the requirements of sections 1603(a)(3) and
1604(b)(4) of this title; and
(2) for all other purposes consider as
lobbying contacts and lobbying activities only--
(A) lobbying contacts with covered
legislative branch officials (as defined in
section 1602(4) of this title) and lobbying
activities in support of such contacts; and
(B) lobbying of Federal executive branch
officials to the extent that such activities
are influencing legislation as defined in
section 4911(d) of title 26.
(b) Entities covered by section 162(e) of title 26
A person, other than a lobbying firm, who is required to
account and does account for lobbying expenditures pursuant
to section 162(e) of title 26 may--
(1) make a good faith estimate (by category
of dollar value) of applicable amounts that
would not be deductible pursuant to such section
for the appropriate quarterly period to meet the
requirements of sections 1603(a)(3) and
1604(b)(4) of this title; and
(2) for all other purposes consider as
lobbying contacts and lobbying activities only--
(A) lobbying contacts with covered
legislative branch officials (as defined in
section 1602(4) of this title) and lobbying
activities in support of such contacts; and
(B) lobbying of Federal executive branch
officials to the extent that amounts paid or
costs incurred in connection with such
activities are not deductible pursuant to
section 162(e) of title 26.
(c) Disclosure of estimate
Any registrant that elects to make estimates required by
this chapter under the procedures authorized by subsection
(a) or (b) of this section for reporting or threshold
purposes shall--
[[Page 689]]
(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.)
811 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.)
812 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.)
813 Sec. 1613. Prohibition on provision of gifts or travel by
registered lobbyists to Members of Congress and to
congressional employees.
(a) Prohibition
Any person described in subsection (b) may not make a
gift or provide travel to a covered legislative branch
official if the person has knowledge that the gift or travel
may not be accepted by that covered legislative branch
official under the Rules of the House of Representatives or
the Standing Rules of the Senate (as the case may be).
(b) Persons subject to prohibition
The persons subject to the prohibition under subsection
(a) are any lobbyist that is registered or is required to
register under section 4(a)(1), any organization that
employs 1 or more lobbyists and is registered or is required
to register under section 4(a)(2), and any employee listed
[[Page 690]]
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.)
814 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
815 Sec. 1801. Appointment of Architect of the Capitol.
(a)(1) The Architect of the Capitol shall be appointed
by the President by and with the advice and consent of the
Senate for a term of 10 years.
(2) There is established a commission to recommend
individuals to the President for appointment to the office
of Architect of the Capitol. The Commission shall be
composed of--
(A) the Speaker of the House of
Representatives,
(B) the President pro tempore of the Senate,
[[Page 691]]
(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.)
816 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.)
817 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.)
818 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.)
819 Sec. 1805. Deputy Architect of the Capitol/Chief Operating
Officer.
(a) Establishment of Deputy Architect of the Capitol
There shall be a Deputy Architect of the Capitol who
shall serve as the Chief Operating Officer of the Office of
the Architect of the Capitol. The Deputy Architect of the
Capitol shall be appointed by the
[[Page 692]]
Architect of the Capitol and shall report directly to the
Architect of the Capitol and shall be subject to the
authority of the Architect of the Capitol. The Architect of
the Capitol shall appoint the Deputy Architect of the
Capitol not later than 180 days after February 20, 2003. The
Architect of the Capitol shall consult with the Comptroller
General or his designee before making the appointment.
(b) Qualifications
The Deputy Architect of the Capitol shall have strong
leadership skills and demonstrated ability in management,
including in such areas as strategic planning, performance
management, worker safety, customer satisfaction, and
service quality.
(c) Responsibilities
(1) In general
The Deputy Architect of the Capitol shall be
responsible to the Architect of the Capitol for
the overall direction, operation, and management
of the Office of the Architect of the Capitol,
including implementing the Office's goals and
mission; providing overall organization
management to improve the Office's performance;
and assisting the Architect of the Capitol in
promoting reform, and measuring results.
(2) Responsibilities
The Deputy Architect's responsibilities
include--
(A) developing, implementing, annually
updating, and maintaining a long-term
strategic plan covering a period of not less
than 5 years for the Office of the Architect
of the Capitol;
(B) developing and implementing an
annual performance plan that includes annual
performance goals covering each of the
general goals and objectives in the
strategic plan and including to the extent
practicable quantifiable performance
measures for the annual goals;
(C) proposing organizational changes and
staffing needed to carry out the Office of
the Architect of the Capitol's mission and
strategic and annual performance goals; and
(D) reviewing and directing the
operational functions of the Office of the
Architect of the Capitol.
(d) Additional responsibilities
The Architect of the Capitol may delegate to the Deputy
Architect such additional duties as the Architect determines
are necessary or appropriate.
(e) Action plan
(1) In general
No later than 90 days after the appointment,
the Deputy Architect shall prepare and submit to
the Committees on Appropriations of the House of
Representatives and Senate and the Committee on
Rules and Administration of the Senate, an
action plan describing the policies, procedures,
and actions the Deputy Architect will implement
and timeframes for carrying out the
responsibilities under this section.
(2) Action plan
The action plan shall be--
[[Page 693]]
(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.)
820 Sec. 1806. Chief Executive Officer for Visitor Services.\1\
(a) There is established in the Office of the Architect
of the Capitol the position of Chief Executive Officer for
Visitor Services (in this section referred to as the ``Chief
Executive Officer''), who shall be appointed by the
Architect of the Capitol.
\1\Editorially supplied.
[[Page 694]]
(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.)
821 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.)
822 Sec. 1808. Inspector General of the Architect of the
Capitol.
(a) Short title
This section may be cited as the ``Architect of the
Capitol Inspector General Act of 2007''.
(b) Office of Inspector General
There is an Office of Inspector General within the
Office of the Architect of the Capitol which is an
independent objective office to--
(1) conduct and supervise audits and
investigations relating to the Architect of the
Capitol;
(2) provide leadership and coordination and
recommend policies to promote economy,
efficiency, and effectiveness; and
(3) provide a means of keeping the Architect
of the Capitol and the Congress fully and
currently informed about problems and defi
[[Page 695]]
ciencies relating to the administration of
programs and operations of the Architect of the
Capitol.
(c) Appointment of Inspector General; supervision; removal
(1) Appointment and supervision
(A) In general
There shall be at the head of the Office
of Inspector General, an Inspector General
who shall be appointed by the Architect of
the Capitol, in consultation with the
Inspectors General of the Library of
Congress, Government Printing Office,
Government Accountability Office, and United
States Capitol Police. The appointment shall
be made without regard to political
affiliation and solely on the basis of
integrity and demonstrated ability in
accounting, auditing, financial analysis,
law, management analysis, public
administration, or investigations. The
Inspector General shall report to, and be
under the general supervision of, the
Architect of the Capitol.
(B) Audits, investigations, reports, and
other duties and responsibilities
The Architect of the Capitol shall have
no authority to prevent or prohibit the
Inspector General from--
(i) initiating, carrying out, or
completing any audit or
investigation;
(ii) issuing any subpoena during
the course of any audit or
investigation;
(iii) issuing any report; or
(iv) carrying out any other duty
or responsibility of the Inspector
General under this section.
(2) Removal
The Inspector General may be removed from
office by the Architect of the Capitol. The
Architect of the Capitol shall, promptly upon
such removal, communicate in writing the reasons
for any such removal to each House of Congress.
(3) Compensation
The Inspector General shall be paid at an
annual rate of pay equal to $1,500 less than the
annual rate of pay of the Architect of the
Capitol.
(d) Duties, responsibilities, authority, and reports
(1) In general
Sections 4, 5 (other than subsections
(a)(13) and (e)(1)(B) thereof), 6 (other than
subsection (a)(7) and (8) thereof), and 7 of the
Inspector General Act of 1978 (5 U.S.C. App.)
shall apply to the Inspector General of the
Architect of the Capitol and the Office of such
Inspector General and such sections shall be
applied to the Office of the Architect of the
Capitol and the Architect of the Capitol by
substituting--
(A) ``Office of the Architect of the
Capitol'' for ``establishment''; and
(B) ``Architect of the Capitol'' for
``head of the establishment''.
(2) Employees
The Inspector General, in carrying out this
section, is authorized to select, appoint, and
employ such officers and employees (including
consultants) as may be necessary for carrying
out the functions,
[[Page 696]]
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
823 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, ch. 287, Sec. 1, 19 Stat. 147; Feb. 14,
1902, ch. 17, Sec. 1, 32 Stat. 20; Mar. 3, 1921, ch. 124,
Sec. 1, 41 Stat. 1291.)
824 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.)
[[Page 697]]
825 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.)
826 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)).
[[Page 698]]
``(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.)
827 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.
[[Page 699]]
(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.)
828 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.)
829 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.)
830 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
[[Page 700]]
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.)
831 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.)
832 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
[[Page 701]]
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.)
833 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.)
834 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;
[[Page 702]]
(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.)
835 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.)
836 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.)
[[Page 703]]
837 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.)
838 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
[[Page 704]]
(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.)
Subchapter III.--Personnel
Part A--General
839 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.
[[Page 705]]
(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.)
[[Page 706]]
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.
840 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.)
841 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
842 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.)
843 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;
[[Page 707]]
(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.)
844 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.
845 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--
[[Page 708]]
(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.)
846 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.)
[[Page 709]]
847 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
848 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.
849 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.)
850 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'').
[[Page 710]]
(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.)
851 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.)
852 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.)
853 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.)
[[Page 711]]
Chapter 29.--CAPITOL POLICE
Subchapter I.--Organization and Administration
Part A--General
854 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--
[[Page 712]]
(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 member of 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. 141b and 143c,
amended 2 U.S.C.A. Sec. 167i, 167j, 182b, 185, and 1961, and
40 U.S.C.A. Sec. 5101, 5102, and 5104, repealed 2 U.S.C.A.
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
[[Page 713]]
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
[[Page 714]]
(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
[[Page 715]]
(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
[[Page 716]]
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.
[[Page 717]]
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]).
[[Page 718]]
(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. 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].
[[Page 719]]
(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
[[Page 720]]
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.
855 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;
[[Page 721]]
(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
[[Page 722]]
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.)
[[Page 723]]
856 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.)
857 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.
[[Page 724]]
(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.)
858 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
[[Page 725]]
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.
[[Page 726]]
(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
[[Page 727]]
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.)
859 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
860 Sec. 1921. Repealed (Pub.L. 108-7, Div. H., Title I,
Sec. 1018(h)(2), Feb. 20, 2003, 117 Stat. 369).
861
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.)
[[Page 728]]
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.''
862 Sec. 1925. Emergency duty overtime pay from funds disbursed
by Secretary of the Senate.
Each officer or member of the Capitol Police force whose
compensation is disbursed by the Secretary of the Senate,
who performs duty in addition to the number of hours of his
regularly scheduled tour of duty for any day on or after
July 1, 1974, is entitled to be paid compensation (when
ordered to perform such duty by proper authority) or receive
compensatory time off for each such additional hour of duty,
except that an officer shall be entitled to such
compensation only upon a determination made by the Capitol
Police Board with respect to any additional hours.
Compensation of an officer or member for each additional
hour of duty shall be paid at a rate equal to his hourly
rate of compensation in the case of an officer, and at a
rate equal to one and one-half times his hourly rate of
compensation for a member of such force. The hourly rate of
compensation of such officer or member shall be determined
by dividing his annual rate of compensation by 2,080. Any
officer or member entitled to be paid compensation for such
additional hours shall make a written election, which is
irrevocable, whether he desires to be paid that compensation
or to receive compensatory time off instead for each such
hour. Compensation due officers and members under this
paragraph shall be paid by the Secretary, upon certification
by the Chief of the Capitol Police at the end of each
calendar quarter and approval of the Capitol Police Board,
from funds available in the Senate appropriation,
``Salaries, Officers and Employees'' for the fiscal year in
which the additional hours of duty are performed without
regard to the limitations specified therein. Any
compensatory time off accrued and not used by an officer or
member at the time he is separated from service on the
Capitol Police force may not be transferred to any other
department, agency, or establishment of the United States
Government or the government of the District of Columbia,
and no lump-sum amount shall be paid for such accrued time.
The Capitol Police Board is authorized to prescribe
regulations to carry out this section. (Pub.L. 92-51,
Sec. 101, July 9, 1971; 85 Stat. 130, amended Pub.L. 93-145,
Sec. 101, Nov. 1, 1973, 87 Stat. 532; Pub.L. 93-371,
Sec. 101(5), Aug. 13, 1974, 88 Stat. 430.)
863 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
[[Page 729]]
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.)
864 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
[[Page 730]]
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
[[Page 731]]
(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.)
865 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.)
866 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.)
867 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.)
868 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.
[[Page 732]]
(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.''
869 Sec. 1932. Application of premium pay limits on annualized
basis.
(a) In general
Any limits on the amount of premium pay which may be
earned by officers and members of the Capitol Police during
emergencies (as determined by the Capitol Police Board)
shall be applied by the Chief of the Capitol Police on an
annual basis and not on a pay period basis. Any
determination under this subsection shall not be reviewable
or appealable in any manner.
(b) Effective date
Subsection (a) of this section shall apply with respect
to hours of duty occurring on or after September 11, 2001.
(Pub.L. 108-7, Div. H, Title I, Sec. 1012, Feb. 20, 2003,
117 Stat. 361.)
Part C.--Uniforms and Arms
870 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;
[[Page 733]]
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.)
871 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.)
872 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
873 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.)
874 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.)
875 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.)
[[Page 734]]
Subchapter II.--Powers and Duties
876 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
[[Page 735]]
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.
877 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.)
878 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.)
879 Sec. 1966. Protection of Members of Congress, officers of
Congress, and members of their families.
(a) Authority of the Capitol Police
Subject to the direction of the Capitol Police Board,
the United States Capitol Police is authorized to protect,
in any area of the United States, the person of any Member
of Congress, officer of the Congress, as defined in section
60-1(b) of Title 2, and any member of the immediate family
of any such Member or officer, if the Capitol Police Board
determines such protection to be necessary.
(b) Detail of police
In carrying out its authority under this section, the
Capitol Police Board, or its designee, is authorized, in
accordance with regulations issued by the Board pursuant to
this section, to detail, on a case-by-case basis, members of
the United States Capitol Police to provide such protection
as the Board may determine necessary under this section.
(c) Arrest of suspects
In the performance of their protective duties under this
section, members of the United States Capitol Police are
authorized (1) to make arrests without warrant for any
offense against the United States committed in their
presence, or for any felony cognizable under the laws of the
United States if they have reasonable grounds to believe
that the person to be arrested has committed or is
committing such felony; and (2) to utilize equipment and
property of the Capitol Police.
[[Page 736]]
(d) Fines and penalties
Whoever knowingly and willfully obstructs, resists, or
interferes with a member of the Capitol Police engaged in
the performance of the protective functions authorized by
this section, shall be fined not more than $300 or
imprisoned not more than one year, or both.
(e) Construction of provisions
Nothing contained in this section shall be construed to
imply that the authority, duty, and function conferred on
the Capitol Police Board and the United States Capitol
Police are in lieu of or intended to supersede any
authority, duty, or function imposed on any Federal
department, agency, bureau, or other entity, or the
Metropolitan Police of the District of Columbia, involving
the protection of any such Member, officer, or family
member.
(f) ``United States'' defined
As used in this section, the term ``United States''
means each of the several States of the United States, the
District of Columbia, and territories and possessions of the
United States. (Pub.L. 97-143, Sec. 1(a), Dec. 29, 1981, 95
Stat. 1723.)
Note
Supplemental Appropriations Act, 1977, Pub.L. 95-26,
chapter VIII, Sec. 113.91 Stat. 87, provided:
``Sec. 113. The Chairman of the Capitol Police Board is
authorized, subject to such conditions as he may impose, to
authorize the assignment of a police motor vehicle for use
by instructor personnel of the Capital Police Force while
assigned to the Federal Law Enforcement Training Center.''
Cross Reference
For the definition of Capitol Buildings, see section
193m of this title.
880 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
[[Page 737]]
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.)
881 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
[[Page 738]]
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.)
882 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
[[Page 739]]
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.
[[Page 740]]
(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.)
883 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.)
884 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.)
885 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.)
886 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.
[[Page 741]]
(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.)
887 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;
[[Page 742]]
(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.)
888 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.)
889 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 employ
[[Page 743]]
ment, 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
[[Page 744]]
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.)
890 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.)
891 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 pre
[[Page 745]]
paredness 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.)
892 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.)
893 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,
[[Page 746]]
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
894 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
[[Page 747]]
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.)
895 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.
[[Page 748]]
(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.)
896 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.
897 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.)
898 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
[[Page 749]]
Grounds, known as the Legislative Garage shall hereafter be
known as the Senate Garage and shall be under the
jurisdiction and control of the Architect of the Capitol,
subject to such regulations respecting the use thereof as
may be promulgated by the Senate Committee on Rules and
Administration: Provided further, That, such regulations
shall provide for the continued assignment of space and the
continued furnishing of service in such garage for official
motor vehicles of the House and the Senate and the Architect
of the Capitol and Capitol Grounds maintenance equipment.
(b) As used in subsection (a) of this section, the term
``servicing'' includes, with respect to an official motor
vehicle, the washing and fueling of such vehicle, the
checking of its tires and battery, and checking and adding
oil. (June 30, 1932, ch. 314, Sec. 1, 47 Stat. 391; Aug. 20,
1964, Pub.L. 88-454, 78 Stat. 545; Oct. 13, 1980, Pub.L. 96-
444, Sec. 1(a)(1), (b), 94 Stat. 1889.)
Subchapter III.--Restaurants
899 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.)
900 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.)
[[Page 750]]
901 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.)
902 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.)
903 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.)
904 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.)
[[Page 751]]
905 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.)
906 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.)
[[Page 752]]
Subchapter IV.--Child Care
907 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.)
[[Page 753]]
908 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.)
909 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'') estab
[[Page 754]]
lished 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''.
[[Page 755]]
(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.)
910 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.
[[Page 756]]
(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
911 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
[[Page 757]]
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.)
912 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;
[[Page 758]]
(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.)
913 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
[[Page 759]]
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.)
914 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.)
915 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.)
916 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
917 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
[[Page 760]]
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.)
918 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
[[Page 761]]
Building by the Commission. (Pub.L. 100-696, Title IX,
Sec. 901(a), (b)(2), Nov. 18, 1988, 102 Stat. 4610, 4611.)
919 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.)
920 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.)
921 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.)
922 Sec. 2106. Repealed (Pub.L. 108-83, Title I, Sec. 3(a)3,
Sept. 30, 2003, 117 Stat. 1010).
923 Sec. 2107. Conservation, restoration, replication, or
replacement of items in United States Senate Collection.
(a) Use of moneys in Senate contingent fund
Effective with the fiscal year ending September 30, 2006
and each fiscal year thereafter, subject to the approval of
the Committee on Appropriations of the Senate, any
unexpended and unobligated funds in the appropriation
account for the ``Secretary of the Senate'' within the
contingent fund of the Senate which have not been withdrawn
in accordance with section 102a of Title 2 shall be
available for the expenses incurred, without regard to the
fiscal year in which incurred, for the purchase of art and
historical objects for the United States Senate Collection,
for exhibits and public education relating to the United
States Senate Collection, for administrative and
transitional expenses of the Senate Commission on Art, and
for the conservation, restoration, and replication or
replacement, in whole or in part, of works of art,
historical objects, documents, or material relating to
historical matters for placement of exhibition within the
Senate wing of the United States Capitol, any Senate Office
Building, or any room, corridor, or other space therein. In
the case of replication or replacement of such works,
objects, documents or material, the funds available under
this subsection shall be available for any such works,
objects, documents or material previously
[[Page 762]]
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.)
924 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
[[Page 763]]
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.
[[Page 764]]
(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
[[Page 765]]
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
925 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.)
926 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.)
927 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
[[Page 766]]
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.)
928 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.)
[[Page 767]]
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.''
929 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.)
930 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
931 Sec. 2141. Supervision of Botanic Garden.
The supervision of the Capitol police shall extend over
the Botanical Garden. (R.S. Sec. 1826.)
932 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.)
933 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.)
934 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).
[[Page 768]]
(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.)
[[Page 769]]
Subchapter VII.--Other Entities and Services
935 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.
[[Page 770]]
(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
[[Page 771]]
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.)
936 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.
[[Page 772]]
(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.)
937 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.)
938 Sec. 2165. Capitol educational and informational center and
information and distribution stations; operation
agreements.
Notwithstanding any other provision of law, the
Architect of the Capitol, in consultation with the House
Office Building Commission and the Senate Office Building
Commission, is hereby authorized and directed to provide
adequate space and facilities in the Capitol Building for an
educational and informational center and information and
distribution stations to afford visitors to the Capitol
Building an opportunity to acquire (1) information relative
to Congressional offices, (2) assistance relative to their
visit to the Capitol, (3) pamphlets, books, drawings, slides
and photographs, and related materials, and (4) information
about the Capitol and the history of the Capitol Building
and past and present Congresses. All materials distributed
by such educational and informational center and such
stations shall first be approved by the Architect of the
Capitol, after consultation with the House Committee on
House Oversight of the House of Representatives, the Senate
Committee on Rules and Administration, the United States Cap
[[Page 773]]
itol Historical Society, and such other educational and
historical groups as the Architect of the Capitol deems
appropriate. The Architect of the Capitol is hereby
authorized to enter into such agreements as may be
reasonably necessary to operate such educational and
informational center and stations. (Mar. 12, 1968, Pub.L.
90-264, Sec. 301, 82 Stat. 46; Aug. 20, 1996, Pub.L. 104-
186, Title II, Sec. 221(16), 110 Stat. 1750.)
939 Sec. 2166. Capitol Guide Service.
(a) Establishment; designation; Supervision of Capitol Guide
Board; membership of Board
There is hereby established an organization under the
Congress of the United States, to be designated the
``Capitol Guide Service'', which shall be subject to the
direction, supervision, and control of a Capitol Guide Board
consisting of the Architect of the Capitol, the Sergeant at
Arms of the Senate, and the Sergeant at Arms of the House of
Representatives.
(b) Guided tours; regulations
The Capitol Guide Service is authorized and directed to
provide guided tours of the interior of the United States
Capitol Building for the education and enlightenment of the
general public, without charge for such tours. All such
tours shall be conducted in compliance with regulations
prescribed by the Capitol Guide Board.
(c) Duties of Capitol Guide Board; positions of guide in
Capitol Guide Service; establishment and revision;
Chief, Deputy Chief, and Assistant Chief Guide and
Guides: appointment, duties, pay and termination of
employment
The Capitol Guide Board is authorized--
(1) with the prior approval of the Committee
on Rules and Administration of the Senate and
the Committee on House Oversight of the House of
Representatives, to establish and revise such
number of positions of Guide in the Capitol
Guide Service as the Board considers necessary
to carry out effectively the activities of the
Capitol Guide Service;
(2) to appoint, on a permanent basis,
without regard to political affiliation, and
solely on the basis of fitness to perform their
duties, a Chief Guide, a Deputy Chief Guide, and
an Assistant Chief Guide, and, in addition, such
number of Guides as may be authorized under
subparagraph (1) of this subsection;
(3) to prescribe their duties and
responsibilities;
(4) with the prior approval of the Committee
on Rules and Administration of the Senate and
the Committee on House Oversight of the House of
Representatives, to fix, and adjust from time to
time, their respective rates of pay at single
per annum (gross) rates; and
(5) to terminate their employment as the
Board considers appropriate.
(d) Uniforms
The Capitol Guide Board shall--
(1) prescribe a uniform dress, including
appropriate insignia, which shall be worn by
personnel of the Capitol Guide Service when on
duty; and
[[Page 774]]
(2) from time to time, as may be necessary,
procure and furnish such uniforms to such
personnel without charge to such personnel.
(e) Acceptance of fees; prohibition
An employee of the Capitol Guide Service shall not
charge or accept any fee, or accept any gratuity, for or on
account of his official services.
(f) Personnel detail
The Capitol Guide Board may detail personnel of the
Capitol Guide Service to assist the United States Capitol
Police by providing ushering and informational services, and
other services not directly involving law enforcement, in
connection with the inauguration of the President and Vice
President of the United States, the official reception of
representatives of foreign nations and other persons by the
Senate or House of Representatives, and other special or
ceremonial occasions in the United States Capitol Building
or on the United States Capitol Grounds which require the
presence of additional Government personnel and which cause
the temporary suspension of the performance of the regular
duties of the Capitol Guide Service.
(g) Historical and educational information
The Capitol Guide Board may receive and consider advice
and information from any private historical or educational
organization, association, or society with respect to those
operations of the Capitol Guide Service which involve the
furnishing of historical and educational information to the
general public.
(h) Regulations for operation of service
With the prior approval of the Committee on Rules and
Administration of the Senate and the Committee on House
Administration of the House of Representatives, the Capitol
Guide Board shall prescribe such regulations as the Board
considers necessary and appropriate for the operation of the
Capitol Guide Service.
(i) Disciplinary action
The Capitol Guide Board may take appropriate
disciplinary action, including, when circumstances warrant,
suspension from duty without pay, reduction in pay,
demotion, or removal from employment with the Capitol Guide
Service, against any employee who violates any provision of
this section or any regulation prescribed by the Board
pursuant to this section.
(j) Volunteers
(1) Notwithstanding section 1342 of title 31, the
Capitol Guide Service is authorized to accept voluntary
personal services.
(2) No person shall be permitted to donate personal
services under this subsection unless the person has first
agreed, in writing, to waive any claim against the United
States arising out of or in connection with such services,
other than a claim under chapter 81 of title 5.
(3) No person donating personal services under this
section shall be considered an employee of the United States
for any purposes other than for purposes of chapter 81 of
title 5.
(4) In no case shall the acceptance of personal services
under this section result in the reduction of pay or
displacement of any employee of the Capitol Guide Service.
(Pub.L. 91-510, Title IV, Sec. 441, Oct. 26,
[[Page 775]]
1970, 84 Stat. 1190; Pub.L. 95-94, Title I, Aug. 5, 1977, 91
Stat. 671; Pub.L. 104-186, Title II, Sec. 221(17), Aug. 20,
1996, 110 Stat. 1750; Pub.L. 104-279, Oct. 9, 1996, 110
Stat. 3358.)
Subchapter VIII.--Miscellaneous
940 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.)
941 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.
942 Sec. 2184. Purchase of furniture or carpets for House or
Senate.
No furniture or carpets for either House shall be
purchased without the written order of the chairman of the
Committee on Rules and Administration, for the Senate, or
without the written order of the chairman of the Committee
on House Oversight of the House of Representatives, for the
House of Representatives. (R.S. Sec. 1816; Aug. 2, 1946, ch.
753, Sec. Sec. 102, 121, 224, 60 Stat. 814, 822, 838; Aug.
20, 1996, Pub.L. 104-186, Title II, Sec. 221(2), 110 Stat.
1748.)
3 u.s.c.--the president
general and permanent laws relating to the senate
[[Page 776]]
TITLE 3.--THE PRESIDENT
Chapter 1.--PRESIDENTIAL ELECTIONS AND VACANCIES
960 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.)
961 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.)
962 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.)
963 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.)
964 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.)
965 Sec. 6. Credentials of electors; transmission to Archivist
of the United States and to Congress; public inspection.
It shall be the duty of the executive of each State, as
soon as practicable after the conclusion of the appointment
of the electors in such State by the final ascertainment,
under and in pursuance of the laws
[[Page 777]]
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.)
966 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.)
967 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.)
968 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.)
969 Sec. 10. Sealing and endorsing certificates.
The electors shall seal up the certificates so made by
them, and certify upon each that the lists of all the votes
of such States given for President, and of all the votes
given for Vice President, are contained therein. (June 25,
1948, ch. 644, Sec. 1, 62 Stat. 674.)
[[Page 778]]
970 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.)
971 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.)
972 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.)
973 Sec. 14. Forfeiture for messenger's neglect of duty.
Every person who, having been appointed, pursuant to
section 13 of this title, to deliver the certificates of the
votes of the electors to the President of the Senate, and
having accepted such appointment,
[[Page 779]]
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.)
974 Sec. 15. Counting electoral votes in Congress.
Congress shall be in session on the sixth day of January
succeeding every meeting of the electors. The Senate and
House of Representatives shall meet in the Hall of the House
of Representatives at the hour of 1 o'clock in the afternoon
on that day, and the President of the Senate shall be their
presiding officer. Two tellers shall be previously appointed
on the part of the Senate and two on the part of the House
of Representatives, to whom shall be handed, as they are
opened by the President of the Senate, all the certificates
and papers purporting to be certificates of the electoral
votes, which certificates and papers shall be opened,
presented, and acted upon in the alphabetical order of the
States, beginning with the letter A; and said tellers,
having then read the same in the presence and hearing of the
two Houses, shall make a list of the votes as they shall
appear from the said certificates; and the votes having been
ascertained and counted according to the rules in this
subchapter provided, the result of the same shall be
delivered to the President of the Senate, who shall
thereupon announce the state of the vote, which announcement
shall be deemed a sufficient declaration of the persons, if
any, elected President and Vice President of the United
States, and, together with a list of the votes, be entered
on the Journals of the two Houses. Upon such reading of any
such certificate or paper, the President of the Senate shall
call for objections, if any. Every objection shall be made
in writing, and shall state clearly and concisely, and
without argument, the ground thereof, and shall be signed by
at least one Senator and one Member of the House of
Representatives before the same shall be received. When all
objections so made to any vote or paper from a State shall
have been received and read, the Senate shall thereupon
withdraw, and such objections shall be submitted to the
Senate for its decision; and the Speaker of the House of
Representatives shall, in like manner, submit such
objections to the House of Representatives for its decision;
and no electoral vote or votes from any State which shall
have been regularly given by electors whose appointment has
been lawfully certified to according to section 6 of this
title from which but one return has been received shall be
rejected, but the two Houses concurrently may reject the
vote or votes when they agree that such vote or votes have
not been so regularly given by electors whose appointment
has been so certified. If more than one return or paper
purporting to be a return from a State shall have been
received by the President of the Senate, those votes, and
those only, shall be counted which shall have been regularly
given by the electors who are shown by the determination
mentioned in section 5 of this title to have been appointed,
if the determination in said section provided for shall have
been made, or by such successors or substitutes, in case of
a vacancy in the board of electors so ascertained, as have
been appointed to fill such vacancy in the mode provided by
the laws of the State; but in case there shall arise the
question which of two or more of such State authorities
determining what electors have been appointed, as mentioned
in section 5 of this title, is the lawful tribunal of such
State, the votes regularly given of those electors, and
those only, of such State shall be counted whose title as
electors the two Houses, acting separately, shall
concurrently
[[Page 780]]
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.)
975 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.)
976 Sec. 17. Same; limit of debate in each House.
When the two Houses separate to decide upon an objection
that may have been made to the counting of any electoral
vote or votes from any State, or other question arising in
the matter, each Senator and Representative may speak to
such objection or question five minutes, and not more than
once; but after such debate shall have lasted two hours it
shall be the duty of the presiding officer of each House to
put the main question without further debate. (June 25,
1948, ch. 644, Sec. 1, 62 Stat. 676.)
[[Page 781]]
977 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.)
978 Sec. 19. Vacancy in offices of both President and Vice
President; officers eligible to act.
(a)(1) If, by reason of death, resignation, removal from
office, inability, or failure to qualify, there is neither a
President nor Vice President to discharge the powers and
duties of the office of President, then the Speaker of the
House of Representatives shall, upon his resignation as
Speaker and as Representative in Congress, act as President.
(2) The same rule shall apply in the case of the death,
resignation, removal from office, or inability of an
individual acting as President under this subsection.
(b) If, at the time when under subsection (a) of this
section a Speaker is to begin the discharge of the powers
and duties of the office of President, there is no Speaker,
or the Speaker fails to qualify as Acting President, then
the President pro tempore of the Senate shall, upon his
resignation as President pro tempore and as Senator, act as
President.
(c) An individual acting as President under subsection
(a) or subsection (b) of this section shall continue to act
until the expiration of the then current Presidential term,
except that--
(1) if his discharge of the powers and
duties of the office is founded in whole or in
part on the failure of both the President-elect
and the Vice-President-elect to qualify, then he
shall act only until a President or Vice
President qualifies; and
(2) if his discharge of the powers and
duties of the office is founded in whole or in
part on the inability of the President or Vice
President, then he shall act only until the
removal of the disability of one of such
individuals.
(d)(1) If, by reason of death, resignation, removal from
office, inability, or failure to qualify, there is no
President pro tempore to act as President under subsection
(b) of this section, then the officer of the United States
who is highest on the following list, and who is not under
disability to discharge the powers and duties of the office
of President shall act as President: Secretary of State,
Secretary of the Treasury, Secretary of Defense, Attorney
General, Secretary of the Interior, Secretary of
Agriculture, Secretary of Commerce, Secretary of Labor,
Secretary of Health and Human Services, Secretary of Housing
and Urban Development, Secretary of Transportation,
Secretary of Energy, Secretary of Education, Secretary of
Veterans Affairs, Secretary of Homeland Security.
(2) An individual acting as President under this
subsection shall continue to do so until the expiration of
the then current Presidential term, but not after a
qualified and prior-entitled individual is able to act,
except that the removal of the disability of an individual
higher on the list contained in paragraph (1) of this
subsection or the ability to qualify on the part of an
individual higher on such list shall not terminate his
service.
[[Page 782]]
(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.)
979 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.)
980 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
981 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.)
982 Sec. 104. Salary of the Vice President.
(a) The per annum rate of salary of the Vice President
of the United States shall be the rate determined for such
position under chapter 11 of title 2, as adjusted under this
section. Subject to subsection (b), effective at the
beginning of the first month in which an adjustment takes
effect under section 5303 of title 5 in the rates of pay
under the General Schedule, the salary of the Vice President
shall be adjusted by an amount, rounded to the nearest
multiple of $100 (or if midway between multiples of $100, to
the nearest higher multiple of $100),
[[Page 783]]
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.)
983 Sec. 111. Expense allowance of Vice President.
There shall be paid to the Vice President in equal
monthly installments an expense allowance of $20,000 per
annum to assist in defraying expenses relating to or
resulting from the discharge of his official duties, for
which no accounting, other than for income tax purposes,
shall be made by him. (Jan. 19, 1949 ch. 2, Sec. 1(c), 63
Stat. 4; Oct. 20, 1951, ch. 521, Sec. 619(b), 65 Stat. 570;
Feb. 20, 2003, Pub.L. 108-7, Div. H, Title I, Sec. 1(a), 117
Stat. 348.)
4 u.s.c.--flag and seal
general and permanent laws relating to the senate
[[Page 784]]
TITLE 4.--FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
Chapter 4.--THE STATES
985 Sec. 113. Residence of Members of Congress for State income
tax laws.
(a) No State, or political subdivision thereof, in which
a Member of Congress maintains a place of abode for purposes
of attending sessions of Congress may, for purposes of any
income tax (as defined in section 110(c) of this title)
levied by such State or political subdivision thereof--
(1) treat such Member as a resident or
domiciliary of such State or political
subdivision thereof; or
(2) treat any compensation paid by the
United States to such Member as income for
services performed within, or from sources
within, such State or political subdivision
thereof,
unless such Member represents such State or a district in
such State.
(b) For purposes of subsection (a)--
(1) the term ``Member of Congress'' includes
the delegates from the District of Columbia,
Guam, and the Virgin Islands, and the Resident
Commissioner from Puerto Rico; and
(2) the term ``State'' includes the District
of Columbia. (July 19, 1977, Pub.L. 95-97,
Sec. 1(a), 91 Stat. 271.)
5 u.s.c.--government organization and employees
general and permanent laws relating to the senate
[[Page 785]]
TITLE 5.--GOVERNMENT ORGANIZATION AND EMPLOYEES
Chapter 8.--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING
990 Sec. 801. Congressional review.
(a)(1)(A) Before a rule can take effect, the Federal
agency promulgating such rule shall submit to each House of
the Congress and the Comptroller General a report
containing--
(i) a copy of the rule;
(ii) a concise general statement relating to
the rule, including whether it is a major rule;
and
(iii) the proposed effective date of the
rule.
(B) On the date of the submission of the report under
subparagraph (A), the Federal agency promulgating the rule
shall submit to the Comptroller General and make available
to each House of Congress--
(i) a complete copy of the cost-benefit
analysis of the rule, if any;
(ii) the agency's actions relevant to
sections 603, 604, 605, 607, and 609;
(iii) the agency's actions relevant to
sections 202, 203, 204, and 205 of the Unfunded
Mandates Reform Act of 1995; and
(iv) any other relevant information or
requirements under any other Act and any
relevant Executive orders.
(C) Upon receipt of a report submitted under
subparagraph (A), each House shall provide copies of the
report to the chairman and ranking member of each standing
committee with jurisdiction under the rules of the House of
Representatives or the Senate to report a bill to amend the
provision of law under which the rule is issued.
(2)(A) The Comptroller General shall provide a report on
each major rule to the committees of jurisdiction in each
House of the Congress by the end of 15 calendar days after
the submission or publication date as provided in section
802(b)(2). The report of the Comptroller General shall
include an assessment of the agency's compliance with
procedural steps required by paragraph (1)(B).
(B) Federal agencies shall cooperate with the
Comptroller General by providing information relevant to the
Comptroller General's report under subparagraph (A).
(3) A major rule relating to a report submitted under
paragraph (1) shall take effect on the latest of--
(A) the later of the date occurring 60 days
after the date on which--
(i) the Congress receives the report
submitted under paragraph (1); or
(ii) the rule is published in the
Federal Register, if so published;
[[Page 786]]
(B) if the Congress passes a joint
resolution of disapproval described in section
802 relating to the rule, and the President
signs a veto of such resolution, the earlier
date--
(i) on which either House of Congress
votes and fails to override the veto of the
President; or
(ii) occurring 30 session days after the
date on which the Congress received the veto
and objections of the President; or
(C) the date of rule would have otherwise
taken effect, if not for this section (unless a
joint resolution of disapproval under section
802 is enacted).
(4) Except for a major rule, a rule shall take effect as
otherwise provided by law after submission to Congress under
paragraph (1).
(5) Notwithstanding paragraph (3), the effective date of
a rule shall not be delayed by operation of this chapter
beyond the date on which either House of Congress votes to
reject a joint resolution of disapproval under section 802.
(b)(1) A rule shall not take effect (or continue), if
the Congress enacts a joint resolution of disapproval,
described under section 802, of the rule.
(2) A rule that does not take effect (or does not
continue) under paragraph (1) may not be reissued in
substantially the same form, and a new rule that is
substantially the same as such a rule may not be issued,
unless the reissued or new rule is specifically authorized
by a law enacted after the date of the joint resolution
disapproving the original rule.
(c)(1) Notwithstanding any other provision of this
section (except subject to paragraph (3)), a rule that would
not take effect by reason of subsection (a)(3) may take
effect, if the President makes a determination under
paragraph (2) and submits written notice of such
determination to the Congress.
(2) Paragraph (1) applies to a determination made by the
President by Executive order that the rule should take
effect because such rule is--
(A) necessary because of an imminent threat
to health or safety or other emergency;
(B) necessary for the enforcement of
criminal laws;
(C) necessary for national security; or
(D) issued pursuant to any statute
implementing an international trade agreement.
(3) An exercise by the President of the authority under
this subsection shall have no effect on the procedures under
section 802 or the effect of a joint resolution of
disapproval under this section.
(d)(1) In addition to the opportunity for review
otherwise provided under this chapter, in the case of any
rule for which a report was submitted in accordance with
subsection (a)(1)(A) during the period beginning on the date
occurring--
(A) in the case of the Senate; 60 session
days, or
(B) in the case of the House of
Representatives; 60 legislative days,
before the date the Congress adjourns a session of Congress
through the date on which the same or succeeding Congress
first convenes its next session, section 802 shall apply to
such rule in the succeeding session of Congress.
[[Page 787]]
(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.)
991 Sec. 802. Congressional disapproval procedure.
(a) For purposes of this section, the term ``joint
resolution'' means only a joint resolution introduced in the
period beginning on the date on which the report referred to
in section 801(a)(1)(A) is received by Congress and ending
60 days thereafter (excluding days either House of Congress
is adjourned for more than 3 days during a session of
Congress), the matter after the resolving clause of which is
as follows: ``That Congress disapproves the rule submitted
by the _____ relating to _____, and such rule shall have no
force or effect.'' (The blank spaces being appropriately
filled in).
(b)(1) A joint resolution described in subsection (a)
shall be referred to the committees in each House of
Congress with jurisdiction.
(2) For purposes of this section, the term ``submission
or publication date'' means the later of the date on which--
(A) the Congress receives the report
submitted under section 801(a)(1); or
(B) the rule is published in the Federal
Register, if so published.
[[Page 788]]
(c) In the Senate, if the committee to which is referred
a joint resolution described in subsection (a) has not
reported such joint resolution (or an identical joint
resolution) at the end of 20 calendar days after the
submission or publication date defined under subsection
(b)(2), such committee may be discharged from further
consideration of such joint resolution upon a petition
supported in writing by 30 Members of the Senate, and such
joint resolution shall be placed on the calendar.
(d)(1) In the Senate, when the committee to which a
joint resolution is referred has reported, or when a
committee is discharged (under subsection (c)) from further
consideration of a joint resolution described in subsection
(a), it is at any time thereafter in order (even though a
previous motion to the same effect has been disagreed to)
for a motion to proceed to the consideration of the joint
resolution, and all points of order against the joint
resolution (and against consideration of the joint
resolution) are waived. The motion is not subject to
amendment, or to a motion to postpone, or to a motion to
proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or
disagreed to shall not be in order. If a motion to proceed
to the consideration of the joint resolution is agreed to,
the joint resolution shall remain the unfinished business of
the Senate until disposed of.
(2) In the Senate, debate on the joint resolution, and
on all debatable motions and appeals in connection
therewith, shall be limited to not more than 10 hours, which
shall be divided equally between those favoring and those
opposing the joint resolution. A motion further to limit
debate is in order and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to recommit the
joint resolution is not in order.
(3) In the Senate, immediately following the conclusion
of the debate on a joint resolution described in subsection
(a), and a single quorum call at the conclusion of the
debate if requested in accordance with the rules of the
Senate, the vote on final passage of the joint resolution
shall occur.
(4) Appeals from the decisions of the Chair relating to
the application of the rules of the Senate to the procedure
relating to a joint resolution described in subsection (a)
shall be decided without debate.
(e) In the Senate the procedure specified in subsection
(c) or (d) shall not apply to the consideration of a joint
resolution respecting a rule--
(1) after the expiration of the 60 session
days beginning with the applicable submission or
publication date, or
(2) if the report under section 801(a)(1)(A)
was submitted during the period referred to in
section 801(d)(1), after the expiration of the
60 session days beginning on the 15th session
day after the succeeding session of Congress
first convenes.
(f) If, before the passage by one House of a joint
resolution of that House described in subsection (a), that
House receives from the other House a joint resolution
described in subsection (a), then the following procedures
shall apply:
(1) The joint resolution of the other House
shall not be referred to a committee.
(2) With respect to a joint resolution
described in subsection (a) of the House
receiving the joint resolution--
[[Page 789]]
(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.)
992 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.)
993 Sec. 804. Definitions.
For purposes of this chapter--
(1) The term ``Federal agency'' means any
agency as that term is defined in section
551(1).
(2) The term ``major rule'' means any rule
that the Administrator of the Office of
Information and Regulatory Affairs of the Office
of Management and Budget finds has resulted in
or is likely to result in--
(A) an annual effect on the economy of
$100,000,000 or more;
(B) a major increase in costs or prices
for consumers, individual industries,
Federal, State, or local government
agencies, or geographic regions; or
(C) significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the ability
of United States-based enterprises to
compete with foreign-based enterprises in
domestic and export markets.
The term does not include any rule promulgated under
the Telecommunications Act of 1996 and the
amendments made by that Act.
(3) The term ``rule'' has the meaning given
such term in section 551, except that such term
does not include--
[[Page 790]]
(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.)
994 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.)
995 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.)
996 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.)
997 Sec. 808. Effective date of certain rules.
Notwithstanding section 801--
(1) any rule that establishes, modifies,
opens, closes, or conducts a regulatory program
for a commercial, recreational, or subsistence
activity related to hunting, fishing, or
camping, or
(2) any rule which an agency for good cause
finds (and incorporates the finding and a brief
statement of reasons therefor in the rule
issued) that notice and public procedure thereon
are impracticable, unnecessary, or contrary to
the public interest,
shall take effect at such time as the Federal agency
promulgating the rule determines. (Added Pub.L. 104-121,
Title II, Sec. 251, Mar. 29, 1996, 110 Stat. 874.)
[[Page 791]]
Chapter 29.--COMMISSIONS, OATHS, RECORDS, AND REPORTS
Subchapter I.--Commissions, Oaths, and Records
998 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
999 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
1000 Sec. 3110. Employment of relatives; restrictions.
(a) For the purpose of this section--
(1) ``agency'' means--
(A) an Executive agency;
(B) an office, agency, or other
establishment in the legislative branch;
(C) an office, agency, or other
establishment in the judicial branch; and
(D) the government of the District of
Columbia;
(2) ``public official'' means an officer
(including the President and a Member of
Congress), a member of the uniformed service,
and employee and any other individual, in whom
is vested the authority by law, rule, or
regulation, or to whom the authority has been
delegated, to appoint, employ, promote, or
advance individuals, or to recommend individuals
for appointment, employment, promotion, or
advancement, in connection with employment in an
agency; and
(3) ``relative'' means, with respect to a
public official, an individual who is related to
the public official as father, mother, son,
daughter, brother, sister, uncle, aunt, first
cousin, nephew, niece, husband, wife, father-in-
law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law, stepfather,
stepmother, stepson, stepdaughter, stepbrother,
stepsister, half brother, or half sister.
(b) A public official may not appoint, employ, promote,
advance, or advocate for appointment, employment, promotion,
or advancement, in or to a civilian position in the agency
in which he is serving or over
[[Page 792]]
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
1001 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
1002 Sec. 5503. Recess appointments.\1\
(a) Payment for services may not be made from the
Treasury of the United States to an individual appointed
during a recess of the Senate
[[Page 793]]
to fill a vacancy in an existing office, if the vacancy
existed while the Senate was in session and was by law
required to be filled by and with the advice and consent of
the Senate, until the appointee has been confirmed by the
Senate. This subsection does not apply--
\1\For proceedings on nominations see rule XXXI of the
Standing Rules of the Senate (Senate Manual section 31).
(1) if the vacancy arose within 30 days
before the end of the session of the Senate;
(2) if, at the end of the session, a
nomination for the office, other than the
nomination of an individual appointed during the
preceding recess of the Senate, was pending
before the Senate for its advice and consent; or
(3) if a nomination for the office was
rejected by the Senate within 30 days before the
end of the session and an individual other than
the one whose nomination was rejected thereafter
receives a recess appointment.
(b) A nomination to fill a vacancy referred to by
paragraph (1), (2), or (3) of subsection (a) of this section
shall be submitted to the Senate not later than 40 days
after the beginning of the next session of the Senate.
(Sept. 6, 1966, Pub.L. 89-554, 80 Stat. 475.)
Subchapter IV.--Dual Pay and Dual Employment
1003 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.)
[[Page 794]]
1004 Sec. 5532 Repealed (Pub.L. 106-65, Title VI, Sec. 651(a)(1),
Oct. 5, 1999, 113 Stat. 664.).
* * * * * * *
1005 Sec. 5533. Dual pay from more than one position;
limitations; exceptions.
* * * * * * *
(c)(1) Unless otherwise authorized by law and except as
otherwise provided by paragraph (2) or (4) of this
subsection, appropriated funds are not available for payment
to an individual of pay from more than one position if the
pay of one of the positions is paid by the Secretary of the
Senate or the Chief Administrative Officer of the House of
Representatives, or one of the positions is under the Office
of the Architect of the Capitol, and if the aggregate gross
pay from the positions exceeds $7,724 a year ($10,540,\1\ in
the case of pay disbursed by the Secretary of the Senate).
\1\Effective January 1, 2007, for individuals whose pay
is disbursed by the Secretary of the Senate, the figure
is ``$30,827''. (Feb. 16, 2007, Order of the President
pro tempore, pursuant to Act Jan. 8, 1971, Pub.L. 91-
656, Sec. 4, 84 Stat. 1952.)
(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
1006 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
[[Page 795]]
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
[[Page 796]]
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.)
1007 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.
[[Page 797]]
(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.)
1008 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.)
1009 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
1010 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
[[Page 798]]
(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.)
Chapter 73.--SUITABILITY, SECURITY, AND CONDUCT
Subchapter II.--Employment Limitations
1011 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
1012 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
[[Page 799]]
(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--
[[Page 800]]
(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
[[Page 801]]
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)
[[Page 802]]
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
1013 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.
[[Page 803]]
Chapters 83 and 84.--RETIREMENT
1014 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
1015 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
1016 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
1017 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.
[[Page 804]]
(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
[[Page 805]]
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.)
[[Page 806]]
Title 5.--APPENDIX
Ethics in Government Act of 1978
Title I.--Financial Disclosure Requirements of Federal
Personnel
1018 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).
[[Page 807]]
(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).
[[Page 808]]
(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.)
1019 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
[[Page 809]]
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
[[Page 810]]
in a bank, savings and loan association, credit
union, or similar financial institution.
(4) The identity and category of value of
the total liabilities owed to any creditor other
than a spouse, or a parent, brother, sister, or
child of the reporting individual or of the
reporting individual's spouse which exceed
$10,000 at any time during the preceding
calendar year, excluding--
(A) any mortgage secured by real
property which is a personal residence of
the reporting individual or his spouse; and
(B) any loan secured by a personal motor
vehicle, household furniture, or appliances,
which loan does not exceed the purchase
price of the item which secures it.
With respect to revolving charge accounts, only
those with an outstanding liability which exceeds
$10,000 as of the close of the preceding calendar
year need be reported under this paragraph.
(5) Except as provided in this paragraph, a
brief description, the date, and category of
value of any purchase, sale or exchange during
the preceding calendar year which exceeds
$1,000--
(A) in real property, other than
property used solely as a personal residence
of the reporting individual or his spouse;
or
(B) in stocks, bonds, commodities
futures, and other forms of securities.
Reporting is not required under this paragraph of
any transaction solely by and between the reporting
individual, his spouse, or dependent children.
(6)(A) The identity of all positions held on
or before the date of filing during the current
calendar year (and, for the first report filed
by an individual, during the two-year period
preceding such calendar year) as an officer,
director, trustee, partner, proprietor,
representative, employee, or consultant of any
corporation, company, firm, partnership, or
other business enterprise, any nonprofit
organization, any labor organization, or any
educational or other institution other than the
United States. This subparagraph shall not
require the reporting of positions held in any
religious, social, fraternal, or political
entity and positions solely of an honorary
nature.
(B) If any person, other than the United
States Government, paid a nonelected reporting
individual compensation in excess of $5,000 in
any of the two calendar years prior to the
calendar year during which the individual files
his first report under this title, the
individual shall include in the report--
(i) the identity of each source of such
compensation; and
(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.
[[Page 811]]
(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
[[Page 812]]
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.
[[Page 813]]
(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
[[Page 814]]
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
[[Page 815]]
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
[[Page 816]]
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
[[Page 817]]
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--
[[Page 818]]
(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.)
1020 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.
[[Page 819]]
(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) 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.
[[Page 820]]
(j)(1) A copy of each report filed under this title with
the Clerk of the House of Representatives shall be sent by
the Clerk to the Committee on Standards of Official Conduct
of the House of Representatives within the 7-day period
beginning on the day the report is filed.
(2) A copy of each report filed under this title with
the Secretary of the Senate shall be sent by the Secretary
to the Select Committee on Ethics of the Senate within the
7-day period beginning on the day the report is filed.
(k) In carrying out their responsibilities under this
title with respect to candidates for office, the Clerk of
the House of Representatives and the Secretary of the Senate
shall avail themselves of the assistance of the Federal
Election Commission. The Commission shall make available to
the Clerk and the Secretary on a regular basis a complete
list of names and addresses of all candidates registered
with the Commission, and shall cooperate and coordinate its
candidate information and notification program with the
Clerk and the Secretary to the greatest extent possible.
(Pub.L. 95-521, Title I, Sec. 103, Oct. 26, 1978, 92 Stat.
1831; Pub.L. 96-19, Sec. Sec. 4(b)(2), 9(a), June 13, 1979,
93 Stat. 40, 42; Pub.L. 101-194, Title II, Sec. 202, Nov.
30, 1989, 103 Stat. 1736; Pub.L. 101-280, Sec. 3(1), (4),
May 4, 1990, 104 Stat. 152, 153; Pub.L. 102-90, Title III,
Sec. 313(1), Aug. 14, 1991, 105 Stat. 469; Pub.L. 104-186,
Title II, Sec. 216(1), Aug. 20, 1996, 110 Stat. 1747; Pub.L.
108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814; Pub.L. 109-
55, Title I, Sec. 1003(a), Aug. 2, 2005, 119 Stat. 572.)
1021 Sec. 104. Failure to file or filing false reports.
(a) The Attorney General may bring a civil action in any
appropriate United States district court against any
individual who knowingly and willfully falsifies or who
knowingly and willfully fails to file or report any
information that such individual is required to report
pursuant to section 102. The court in which such action is
brought may assess against such individual a civil penalty
in any amount, not to exceed $10,000.
(b) The head of each agency, each Secretary concerned,
the Director of the Office of Government Ethics, each
congressional ethics committee, or the Judicial Conference,
as the case may be, shall refer to the Attorney General the
name of any individual which such official or committee has
reasonable cause to believe has willfully failed to file a
report or has willfully falsified or willfully failed to
file information required to be reported. Whenever the
Judicial Conference refers a name to the Attorney General
under this subsection, the Judicial Conference also shall
notify the judicial council of the circuit in which the
named individual serves of the referral.
(c) The President, the Vice President, the Secretary
concerned, the head of each agency, the Office of Personnel
Management, a congressional ethics committee, and the
Judicial Conference, may take any appropriate personnel or
other action in accordance with applicable law or regulation
against any individual failing to file a report or
falsifying or failing to report information required to be
reported.
(d)(1) Any individual who files a report required to be
filed under this title more than 30 days after the later
of--
(A) the date such report is required to be
filed pursuant to the provisions of this title
and the rules and regulations promulgated
thereunder; or
[[Page 821]]
(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.)
1022 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, 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
[[Page 822]]
the Senate, as the case may be, may require a reasonable fee
to be paid in any amount which is found necessary to recover
the cost of reproduction or mailing of such report excluding
any salary of any employee involved in such reproduction or
mailing. A copy of such report may be furnished without
charge or at a reduced charge if it is determined that
waiver or reduction of the fee is in the public interest.
(2) Not withstanding paragraph (1), a report may not be
made available under this section to any person nor may any
copy thereof be provided under this section to any person
except upon a written application by such person stating--
(A) that person's name, occupation and
address;
(B) the name and address of any other person
or organization on whose behalf the inspection
or copy is requested; and
(C) that such person is aware of the
prohibitions on the obtaining or use of the
report.
Any such application shall be made available to the public
throughout the period during which the report is made
available to the public.
(3)(A) This section does not require the immediate and
unconditional availability of reports filed by an individual
described in section 109(8) or 109(10) of this Act if a
finding is made by the Judicial Conference, in consultation
with United States Marshall\2\ Service, that revealing
personal and sensitive information could endanger that
individual or a family member of that individual.
\2\So in original. Probably should be ``Marshal''.
(B) A report may be redacted pursuant to this paragraph
only--
(i) to the extent necessary to protect the
individual who filed the report or a family
member of that individual; and
(ii) for as long as the danger to such
individual exists.
(C) The Administrative Office of the United States
Courts shall submit to the Committees on the Judiciary of
the House of Representatives and of the Senate an annual
report with respect to the operation of this paragraph
including--
(i) the total number of reports redacted
pursuant to this paragraph;
(ii) the total number of individuals whose
reports have been redacted pursuant to this
paragraph;
(iii) the types of threats against
individuals whose reports are redacted, if
appropriate;
(iv) the nature or type of information
redacted;
(v) what steps or procedures are in place to
ensuree that sufficient information is available
to litigants to determine if there is a conflict
of interest;
(vi) principles used to guide implementation
of redaction authority; and
(vii) any public complaints received
relating to redaction.
(D) The Judicial Conference, in consultation with the
Department of Justice, shall issue regulations setting forth
the circumstances under which redaction is appropriate under
this paragraph and the procedures for redaction.
(E) This paragraph shall expire on December 31, 2009,
and apply to filings through calendar year 2009.
(c)(1) It shall be unlawful for any person to obtain or
use a report--
[[Page 823]]
(A) for any unlawful purpose;
(B) for any commercial purpose, other than
by news and communications media for
dissemination to the general public;
(C) for determining or establishing the
credit rating of any individual; or
(D) for use, directly or indirectly, in the
solicitation of money for any political,
charitable, or other purpose.
(2) The Attorney General may bring a civil action
against any person who obtains or uses a report for any
purpose prohibited in paragraph (1) of this subsection. The
court in which such action is brought may assess against
such person a penalty in any amount not to exceed $10,000.
Such remedy shall be in addition to any other remedy
available under statutory or common law.
(d) Any report filed with or transmitted to an agency or
supervising ethics office or to the Clerk of the House of
Representatives or the Secretary of the Senate pursuant to
this title shall be retained by such agency or office or by
the Clerk or the Secretary of the Senate, as the case may
be. Such report shall be made available to the public for a
period of six years after receipt of the report. After such
six-year period the report shall be destroyed unless needed
in an ongoing investigation, except that in the case of an
individual who filed the report pursuant to section 101(b)
and was not subsequently confirmed by the Senate, or who
filed the report pursuant to section 101(c) and was not
subsequently elected, such reports shall be destroyed one
year after the individual either is no longer under
consideration by the Senate or is no longer a candidate for
nomination or election to the Office of President, Vice
President, or as a Member of Congress, unless needed in an
ongoing investigation. (Pub.L. 95-521, Title I, Sec. 105,
Oct. 26, 1978, 92 Stat. 1833; Pub.L. 101-194, Title II,
Sec. 202, Nov. 30, 1989, 103 Stat. 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.)
1023 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
[[Page 824]]
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
[[Page 825]]
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.)
1024 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.)
[[Page 826]]
1025 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.)
1026 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
[[Page 827]]
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 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
[[Page 828]]
(ii) at least one principal assistant
designated for purposes of this paragraph by
each Member who does not have an employee
who occupies a position for which the rate
of basic pay is equal to or greater than 120
percent of the minimum rate of basic pay
payable for GS-15 of the General Schedule;
(14) ``personal hospitality of any
individual'' means hospitality extended for a
nonbusiness purpose by an individual, not a
corporation or organization, at the personal
residence of that individual or his family or on
property or facilities owned by that individual
or his family;
(15) ``reimbursement'' means any payment or
other thing of value received by the reporting
individual, other than gifts, to cover travel-
related expenses of such individual other than
those which are--
(A) provided by the United States
Government, the District of Columbia, or a
State or local government or political
subdivision thereof;
(B) required to be reported by the
reporting individual under section 7342 of
title 5, United States Code; or
(C) required to be reported under
section 304 of the Federal Election Campaign
Act of 1971 (2 U.S.C. 434);
(16) ``relative'' means an individual who is
related to the reporting individual, as father,
mother, son, daughter, brother, sister, uncle,
aunt, great aunt, great uncle, first cousin,
nephew, niece, husband, wife, grandfather,
grandmother, grandson, granddaughter, father-in-
law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law, stepfather,
stepmother, stepson, stepdaughter, stepbrother,
stepsister, half brother, half sister, or who is
the grandfather or grandmother of the spouse of
the reporting individual, and shall be deemed to
include the fiance or fiancee of the reporting
individual;
(17) ``Secretary concerned'' has the meaning
set forth in section 101(a)(9) of title 10,
United States Code, and, in addition, means--
(A) the Secretary of Commerce, with
respect to matters concerning the National
Oceanic and Atmospheric Administration;
(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
[[Page 829]]
(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.)
1027 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.)
1028 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 Representa
[[Page 830]]
tives, 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.)
1029 Sec. 112. Repealed (Pub.L. 101-280, Sec. 3(10)(A), May 4,
1990, 104 Stat. 157).
Title V.--Governmentwide Limitations on Outside Earned
Income and Employment
1030 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
[[Page 831]]
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.)
1031 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.)
1032 Sec. 503. Administration.
This title shall be subject to the rules and regulations
of--
(1) and administered by--
[[Page 832]]
(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.)
1033 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.)
1034 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,
[[Page 833]]
and the amount otherwise determined shall be
reduced by the amount of any such expenses to
the extent that such expenses are not paid or
reimbursed.
(4) The term ``travel expenses'' means, with
respect to a Member, officer or employee, or a
relative of any such individual, the cost of
transportation, and the cost of lodging and
meals while away from his or her residence or
principal place of employment.
(5) The term ``charitable organization''
means an organization described in section
170(c) of the Internal Revenue Code of 1986.
(Pub.L. 95-521, Title V, Oct. 26, 1978, 92 Stat.
1864, as amended Pub.L. 101-194, Title VI,
Sec. 601(a), Nov. 30, 1989, 103 Stat. 1761;
Pub.L. 102-90, Title I, Sec. 6(b)(2), (3), Title
III, Sec. 314(b), Aug. 14, 1991, 105 Stat. 450,
469.)
10 u.s.c.--armed forces
general and permanent laws relating to the senate
[[Page 834]]
TITLE 10.--ARMED FORCES
Chapter 2.--DEPARTMENT OF DEFENSE
* * * * * * *
1040 Sec. 114. Annual authorization of appropriations.
(a) No funds may be appropriated for any fiscal year to
or for the use of any armed force or obligated or expended
for--
(1) procurement of aircraft, missiles, or
naval vessels;
(2) any research, development, test, or
evaluation, or procurement or production related
thereto;
(3) procurement of tracked combat vehicles;
(4) procurement of other weapons;
(5) procurement of naval torpedoes and
related support equipment;
(6) military construction;
(7) the operation and maintenance of any
armed force or of the activities and agencies of
the Department of Defense (other than the
military departments);
(8) procurement of ammunition; or
(9) other procurement by any armed force or
by the activities and agencies of the Department
of Defense (other than the military
departments);
unless funds therefore have been specifically authorized by
law.
(b) In subsection (a)(6), the term ``military
construction'' includes any construction, development,
conversion, or extension of any kind which is carried out
with respect to any military facility or installation
(including any Government-owned or Government-leased
industrial facility used for the production of defense
articles and any facility to which section 2353 of this
title applies), any activity to which section 2807 of this
title applies, any activity to which chapter 1803 of this
title applies, and advances to the Secretary of
Transportation for the construction of defense access roads
under section 210 of title 23. Such term does not include
any activity to which section 2821 or 2854 of this title
applies.
(c)(1) The size of the Special Defense Acquisition Fund
established pursuant to chapter 5 of the Arms Export Control
Act (22 U.S.C. 2795 et seq.) may not exceed $1,070,000,000.
(2) Notwithstanding section 37(a) of the Arms Export
Control Act (22 U.S.C. 2777(a)), amounts received by the
United States pursuant to subparagraph (A) of section
21(a)(1) of that Act (22 U.S.C. 2761(a)(1)--
(A) shall be credited to the Special Defense
Acquisition Fund established pursuant to chapter
5 of that Act (22 U.S.C. 2795 et seq.), as
authorized by section 51(b)(1) of that Act (22
U.S.C. 2795(b)(1)), but subject to the
limitation in paragraph (1) and other applicable
law; and
(B) to the extent not so credited, shall be
deposited in the Treasury as miscellaneous
receipts as provided in section 3302(b) of title
31.
(d) Funds may be appropriated for the armed forces for
use as an emergency fund for research, development, test,
and evaluation, or re
[[Page 835]]
lated procurement or production, only if the appropriation
of the funds is authorized by law after June 30, 1966.
(e) In each budget submitted by the President to
Congress under section 1105 of title 31, amounts requested
for procurement of equipment for the reserve components of
the armed forces (including the National Guard) shall be set
forth separately from other amounts requested for
procurement for the armed forces.
(f) In each budget submitted by the President to
Congress under section 1105 of title 31, amounts requested
for procurement of ammunition for the Navy and Marine Corps,
and for procurement of ammunition for the Air Force, shall
be set forth separately from other amounts requested for
procurement. (Added Nov. 16, 1973, Pub.L. 93-155, Title
VIII, Sec. 803(a), 87 Stat. 612; Oct. 7, 1975, Pub.L. 94-
106, Title VIII, Sec. 801(a), 89 Stat. 537; July 14, 1976,
Pub.L. 94-361, Title III, Sec. 302, 90 Stat. 924; Nov. 9,
1979, Pub.L. 96-107, Title III, Sec. 303(b), 93 Stat. 806;
Sept. 8, 1980, Pub.L. 96-342, Title X, Sec. 1001(a)(1), (b),
(c), (d)(1), 94 Stat. 1117; Dec. 12, 1980, Pub.L. 96-513,
Title I, Sec. 102, Title V, Part B, Sec. 511(4), 94 Stat.
2840, 2920; July 10, 1981, Pub.L. 97-22, Sec. 2(b), 95 Stat.
124; Dec. 1, 1981, Pub.L. 97-86, Title III, Sec. 302, Title
IX, Sec. Sec. 901(a), 902, 903, 95 Stat. 1104, 1113; Dec.
29, 1981, Pub.L. 97-113, Title I, Sec. 108(b), 95 Stat.
1524; July 12, 1982, Pub.L. 97-214, Sec. 4, 96 Stat. 170;
Sept. 8, 1982, Pub.L. 97-252, Title IV, Sec. 402(a), Title
XI, Sec. Sec. 1103, 1105, 96 Stat. 725, 738; Oct. 12, 1982,
Pub.L. 97-295, Sec. 1(3), (4), 96 Stat. 1289; Oct. 19, 1984,
Pub.L. 98-525, Title XIV, Sec. 1405(2), 98 Stat. 2621; Nov.
8, 1985, Pub.L. 99-145, Title XII, Part A, Sec. 1208, Title
XIV, Part A, Sec. 1403, 99 Stat. 723, 743; Oct. 1, 1986,
Pub.L. 99-433, Title I, Sec. Sec. 101(a)(2) in part, 110(b),
100 Stat. 994, 1002; Nov. 14, 1986, Pub.L. 99-661, Div. A,
Title I, Part A, Sec. 105(d), Title XIII, Part A,
Sec. 1304(a), 100 Stat. 3827, 3979; Apr. 21, 1987, Pub.L.
100-26, Sec. 7(j)(1), 101 Stat. 282; Dec. 4, 1987, Pub.L.
100-180, Div. A, Title XII, Part A, Sec. 1203, 101 Stat.
1154; Nov. 29, 1989, Pub.L. 101-189, Div. A, Title XVI, Part
A, Sec. 1602(b), 103 Stat. 1597; Nov. 5, 1990, Pub.L. 101-
510, Div. A, Title XIV, Part H, Sec. 1481(a)(1), 104 Stat.
1704; Feb. 10, 1996, Pub.L. 104-106, Div. A, Title XV,
Sec. 1501(c)(2), 110 Stat. 498; Sept. 23, 1996, Pub.L. 104-
201, Div. A, Title X, Subtitle A, Sec. 1005, 110 Stat.
2632.)
1041 Sec. 115. Personnel strengths: requirement for annual
authorization.
(a) Active-Duty and Selected Reserve End Strengths To Be
Authorized by Law.--Congress shall authorize personnel
strength levels for each fiscal year for each of the
following:
(1) The end strength for each of the armed
forces (other than the Coast Guard) for (A)
active-duty personnel who are to be paid from
funds appropriated for active-duty personnel,
unless on active duty pursuant to subsection (b)
and (B) active-duty personnel and full-time
National Guard duty personnel who are to be paid
from funds appropriated for reserve personnel
unless on active duty or full-time National
Guard duty pursuant to subsection (b).
(2) The end strength for the Selected
Reserve of each reserve component of the armed
forces.
(b) Certain Reserves on Active Duty To Be Authorized by
Law.--(1) Congress shall annually authorize the maximum
number of members of a reserve component permitted to be on
active duty or full-time National Guard duty at any given
time who are called or ordered to--
[[Page 836]]
(A) active duty under section 12301(d) of
the title for the purpose of providing
operational support, as prescribed in regulation
issued by the Secretary of Defense:
(B) full-time National Guard duty under
section 502(f)(2) of title 32 for the purpose of
providing operational support when authorized by
the Secretary of Defense;
(C) active duty under section 12301(d) of
this title or full-time National Guard duty
under section 502(f)(2) of title 32 for the
purpose of preparing for and performing funeral
honors functions for funerals of veterans under
section 1491 of this title;
(D) active duty or retained on active duty
under sections 12301(g) of this title while in a
captive status; or
(E) active duty or retained on active duty
under 12301(h) or 12322 of this title for the
purpose of medical evaluation or treatment.
(2) A member of a reserve component who exceeds either
of the following limits shall be included in the strength
authorized under subparagraph (A) or subparagraph (B), as
appropriate, of subsection (a)(1):
(A) A call or order to active duty or full-
time National Guard duty that specifies a period
greater than three years.
(B) The cumulative periods of active duty
and full-time National Guard duty performed by
the member exceed 1095 days in the previous 1460
days.
(3) In determining the period of active service under
paragraph (2), the following periods of active service
performed by a member shall not be included:
(A) All periods of active duty performed by
a member who has not previously served in the
Selected Reserve of the Ready Reserve.
(B) All periods of active duty or full-time
National Guard duty for which the member is
exempt from strength accounting under paragraphs
(1) through (8) of subsection (i).
(c) Limitation on Appropriations for Military
Personnel.--No funds may be appropriated for any fiscal year
to or for--
(1) the use of active-duty personnel or
full-time National Guard duty personnel of any
of the armed forces (other than the Coast Guard)
unless the end strength for such personnel of
that armed force for that fiscal year has been
authorized by law;
(2) the use of the Selected Reserve of any
reserve component of the armed forces unless the
end strength for the Selected Reserve of that
component for that fiscal year has been
authorized by law; or
(3) the use of reserve component personnel
to perform active duty or full-time National
Guard duty under subsection (b) unless the
strength for such personnel for that reserve
component for that fiscal year has been
authorized by law.
(d) Military Technician (Dual Status) End Strengths To
Be Authorized by Law.--Congress shall authorize for each
fiscal year the end strength for military technicians (dual
status) for each reserve component of the Army and Air
Force. Funds available to the Department of Defense for any
fiscal year may not be used for the pay of a military
technician (dual status) during that fiscal year unless the
technician fills a position that is within the number of
such positions authorized by law for that fiscal year for
the reserve component of that technician. This subsection
applies without regard to section 129 of this title. In each
budget sub
[[Page 837]]
mitted by the President to Congress under section 1105 of
title 31, the end strength requested for military
technicians (dual status) for each reserve component of the
Army and Air Force shall be specifically set forth.
(e) End-of-Quarter Strength Levels.--(1) The Secretary
of Defense shall prescribe and include in the budget
justification documents submitted to Congress in support of
the President's budget for the Department of Defense for any
fiscal year the Secretary's proposed end-of-quarter
strengths for each of the first three quarters of the fiscal
year for which the budget is submitted, in addition to the
Secretary's proposed fiscal-year end-strengths for that
fiscal year. Such end-of-quarter strengths shall be
submitted for each category of personnel for which end
strengths are required to be authorized by law under
subsection (a) or (d). The Secretary shall ensure that
resources are provided in the budget at a level sufficient
to support the end-of-quarter and fiscal-year end-strengths
as submitted.
(2)(A) After annual end-strength levels required by
subsections (a) and (d) are authorized by law for a fiscal
year, the Secretary of Defense shall promptly prescribe end-
of-quarter strength levels for the first three quarters of
that fiscal year applicable to each such end-strength level.
Such end-of-quarter strength levels shall be established for
any fiscal year as levels to be achieved in meeting each of
those annual end-strength levels authorized by law in
accordance with subsection (a) (as such levels may be
adjusted pursuant to subsection (f)) and subsection (d).
(B) At least annually, the Secretary of Defense shall
establish for each of the armed forces (other than the Coast
Guard) the maximum permissible variance of actual strength
for an armed force at the end of any given quarter from the
end-of-quarter strength established pursuant to subparagraph
(A). Such variance shall be such that it promotes the
maintaining of the strength necessary to achieve the end-
strength levels authorized in accordance with subsection (a)
(as adjusted pursuant to subsection (f)) and subsection (d).
(3) Whenever the Secretary establishes an end-of-quarter
strength level under subparagraph (A) of paragraph (2), or
modifies a strength level under the authority provided in
subparagraph (B) of paragraph (2), the Secretary shall
notify the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives
of that strength level or of that modification, as the case
may be.
(f) Authority for Secretary of Defense Variances for
Active Duty and Selected Reserve Strengths.--Upon
determination by the Secretary of Defense that such action
is in the national interest, the Secretary may--
(1) increase the end strength authorized
pursuant to subsection (a)(1)(A) for a fiscal
year for any of the armed forces by a number
equal to not more than 3 percent of that end
strength;
(2) increase the end strength authorized
pursuant to subsection (a)(1)(B) for a fiscal
year for any of the armed forces by a number
equal to not more than 2 percent of that end
strength;
(3) vary the end strength authorized
pursuant to subsection (a)(2) for a fiscal year
for the Selected Reserve of any of the reserve
components by a number equal to not more than 2
percent of that end strength; and
[[Page 838]]
(4) increase the maximum strength authorized
pursuant to subsection (b)(1) for a fiscal year
for certain reserves on active duty for any of
the reserve components by a number equal to not
more than 10 percent of that strength.
(g) Authority for Service Secretary Variances for
Active-Duty End Strengths.--Upon determination by the
Secretary of a military department that such action would
enhance manning and readiness in essential units or in
critical specialties or ratings, the Secretary may increase
the end strength authorized pursuant to subsection (a)(1)(A)
for a fiscal year for the armed force under the jurisdiction
of that Secretary or, in the case of the Secretary of the
Navy, for any of the armed forces under the jurisdiction of
that Secretary. Any such increase for a fiscal year--
(1) shall be by a number equal to not more than 2
percent of such authorized end strength; and
(2) shall be counted as part of the increase for that
armed force for that fiscal year authorized under subsection
(f)(1).
(h) Adjustment When Coast Guard is Operating as a
Service in the Navy.--The authorized strength of the Navy
under subsection (a)(1) is increased by the authorized
strength of the Coast Guard during any period when the Coast
Guard is operating as a service in the Navy.
(i)\1\ Certain Personnel Excluded from Counting for
Active-Duty End Strengths..--In counting personnel for the
purpose of the end-strengths authorized pursuant to
subsection (a)(1), persons in the following categories shall
be excluded:
\1\[Repealed. Pub.L. 109-364, Div. A, Title X,
Sec. 1071(a)(1)(A), Oct. 17, 2006, 120 Stat. 2398]
(1) Members of a reserve component ordered
to active duty under section 12301(a) of this
title.
(2) Members of a reserve component in an
active status ordered to active duty under
section 12301(b) of this title.
(3) Members of the Ready Reserve ordered to
active duty under section 12302 of this title.
(4) Members of the Selected Reserve of the
Ready Reserve or members of the Individual Ready
Reserve mobilization category described in
section 10144(b) of this title ordered to active
duty under section 12304 of this title.
(5) Members of the National Guard called
into Federal service under section 12406 of this
title.
(6) Members of the militia called into
Federal service under chapter 15 of this title.
(7) Members of the National Guard on full-
time National Guard duty under section 502(f)(1)
of title 32.
(8) Members of reserve components on active
duty for training or full-time National Guard
duty for training.
(9) Members of the Selected Reserve of the
Ready Reserve on active duty to support programs
described in section 1203(b) of the Cooperative
Threat Reduction Act of 1993 (22 U.S.C.
5952(b)).
(10) Members of the National Guard on active
duty or full-time National Guard duty for the
purpose of carrying out drug interdiction and
counter-drug activities under section 112 of
title 32.
[[Page 839]]
(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.)
1042 Sec. 115a. Annual manpower requirements report.
(a) The Secretary of Defense shall submit to Congress an
annual manpower requirements report. The report, which shall
be in writing, shall be submitted each year not later than
45 days after the date on which the President submits to
Congress the budget for the next fiscal year under section
1105 and of title 31. The report shall contain the
Secretary's recommendations for--
(1) the annual active-duty end-strength
level for each component of the armed forces for
the next fiscal year; and
(2) the annual civilian personnel end-
strength level for each component of the
Department of Defense for the next fiscal year.
(b)(1) The Secretary shall include in each report under
subsection (a) justification for the strength levels
recommended and an explanation of the relationship between
the personnel strength levels recommended for that fiscal
year and the national security policies of the United States
in effect at the time.
(2) The justification and explanation shall specify in
detail for all major military force units (including each
land force division, carrier and other major combatant
vessel, air wing, and other comparable unit) the following:
(A) Unit mission and capability.
(B) Strategy which the unit supports.
(3) The justification and explanation shall also specify
in detail the manpower required to perform the medical
missions of each of the armed forces and of the Department
of Defense.
(c) The Secretary shall include in each report under
subsection (a) a detailed discussion of the following:
[[Page 840]]
(1) The manpower required for support and
overhead functions within the armed forces and
the Department of Defense.
(2) The relationship of the manpower
required for support and overhead functions to
the primary combat missions and support
policies.
(3) The manpower required to be stationed or
assigned to duty in foreign countries and aboard
vessels located outside the territorial limits
of the United States, its territories, and
possessions.
(d) The Secretary shall also include in each such
report, with respect to each armed force under the
jurisdiction of the Secretary of a military department, the
following:
(1) The number of positions that require
warrant officers or commissioned officers
serving on active duty in each of the officer
grades during the current fiscal year and the
estimated number of such positions for each of
the next five fiscal years.
(2) The estimated number of officers that
will be serving on active duty in each grade on
the last day of the current fiscal year and the
estimated numbers of officers that will be
needed on active duty on the last day of each of
the next five fiscal years.
(3) An estimate and analysis for the current
fiscal year and for each of the next five fiscal
years of gains to and losses from the number of
members on active duty in each officer grade,
including a tabulation of--
(A) retirements displayed by year of
active commissioned service;
(B) discharges;
(C) other separations;
(D) deaths;
(E) promotions; and
(F) reserve and regular officers ordered
to active duty.
(e)(1) In each such report, the Secretary shall also
include recommendations for the end-strength levels for
medical personnel for each component of the armed forces as
of the end of the next fiscal year.
(2) For purposes of this subsection, the term ``medical
personnel'' includes--
(A) in the case of the Army, members of the
Medical Corps, Dental Corps, Nurse Corps,
Medical Service Corps, Veterinary Corps, and
Army Medical Specialist Corps;
(B) in the case of the Navy, members of the
Medical Corps, Dental Corps, Nurse Corps, and
Medical Service Corps;
(C) in the case of the Air Force, members
designated as medical officers, dental officers,
Air Force nurses, medical service officers, and
biomedical science officers;
(D) enlisted members engaged in or
supporting medically related activities; and
(E) such other personnel as the Secretary
considers appropriate.
(f) Repealed (Pub.L. 104-106, Div. A, Title X,
Sec. 1061(d)(4), Feb. 10, 1996, 110 Stat. 442).
(g) Redesignated (e).
(h) In each such report, the Secretary shall include a
separate report on the Army and Air Force military
technician programs. The report shall include a
presentation, shown by reserve component and shown both as
of the end of the preceding fiscal year and for the next
fiscal
[[Page 841]]
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.)
1043 Sec. 116. Annual operations and maintenance report.
(a)(1) The Secretary of Defense shall submit to Congress
a written report, not later than February 15 of each fiscal
year, with respect to the operations and maintenance of the
Army, Navy, Air Force, and Marine Corps for the next fiscal
year. The Secretary shall include in each such report
recommendations for--
(A) the number of aircraft flying hours for
the Army, Navy, Air Force, and Marine Corps for
the next fiscal year, the number of ship
steaming hours for the Navy for the next fiscal
year, and the number of field training days for
the combat arms battalions of the Army and
Marine Corps for the next fiscal year;
(B) the number of ships over 3,000 tons
(full load displacement) in each Navy ship
classification on which major repair work should
be performed during the next fiscal year; and
(C) the number of airframe reworks, aircraft
engine reworks, and vehicle overhauls which
should be performed by the Army, Navy, Air
Force, and Marine Corps during the next fiscal
year.
(2) The Secretary shall also include in each such report
the justification for and an explanation of the level of
funding recommended in the Budget of the President for the
next fiscal year for aircraft flying hours, ship steaming
hours, field training days for the combat arms battalions,
major repair work to be performed on ships of the Navy,
airframe reworks, aircraft engine reworks, and vehicle
overhauls.
(b) In this section:
(1) The term ``combat arms battalions''
means armor, infantry, mechanized infantry, air
assault infantry, airborne infantry, ranger,
artillery, and combat engineer battalions and
armored cavalry and air cavalry squadrons.
(2) The term ``major repair work'' means, in
the case of any ship to which subsection (a) is
applicable, any overhaul, modification,
alteration, or conversion work which will result
in a total cost to the United States of more
than $10,000,000. (Added Sept. 8, 1980, Pub.L.
96-342, Title X, Sec. 1001(b)(3), (c)(2), 94
Stat. 1118; Dec. 12,
[[Page 842]]
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.)
1044 Sec. 119. Special access programs: congressional oversight.
(a)(1) Not later than March 1 of each year, the
Secretary of Defense shall submit to the defense committees
a report on special access programs.
(2) Each such report shall set forth--
(A) the total amount requested for special
access programs of the Department of Defense in
the President's budget for the next fiscal year
submitted under section 1105 of title 31; and
(B) for each program in that budget that is
a special access program--
(i) a brief description of the program;
(ii) a brief discussion of the major
milestones established for the program;
(iii) the actual cost of the program for
each fiscal year during which the program
has been conducted before the fiscal year
during which that budget is submitted; and
(iv) the estimated total cost of the
program and the estimated cost of the
program for (I) the current fiscal year,
(II) the fiscal year for which the budget is
submitted, and (III) each of the four
succeeding fiscal years during which the
program is expected to be conducted.
(3) In the case of a report under paragraph (1)
submitted in a year during which the President's budget for
the next fiscal year, because of multiyear budgeting for the
Department of Defense, does not include a full budget
request for the Department of Defense, the report required
by paragraph (1) shall set forth--
(A) the total amount already appropriated
for the next fiscal year for special access
programs of the Department of Defense and any
additional amount requested in that budget for
such programs for such fiscal year; and
(B) for each program of the Department of
Defense that is a special access program, the
information specified in paragraph (2)(B).
(b)(1) Not later than February 1 of each year, the
Secretary of Defense shall submit to the defense committees
a report that, with respect to each new special access
program, provides--
(A) notice of the designation of the program
as a special access program; and
(B) justification for such designation.
(2) A report under paragraph (1) with respect to a
program shall include--
(A) the current estimate of the total
program cost for the program; and
(B) an identification of existing programs
or technologies that are similar to the
technology, or that have a mission similar to
the mission, of the program that is the subject
of the notice.
[[Page 843]]
(3) In this subsection, the term ``new special access
program'' means a special access program that has not
previously been covered in a notice and justification under
this subsection.
(c)(1) Whenever a change in the classification of a
special access program of the Department of Defense is
planned to be made or whenever classified information
concerning a special access program of the Department of
Defense is to be declassified and made public, the Secretary
of Defense shall submit to the defense committees a report
containing a description of the proposed change, the reasons
for the proposed change, and notice of any public
announcement planned to be made with respect to the proposed
change.
(2) Except as provided in paragraph (3), any report
referred to in paragraph (1) shall be submitted not less
than 14 days before the date on which the proposed change or
public announcement is to occur.
(3) If the Secretary determines that because of
exceptional circumstances the requirement of paragraph (2)
cannot be met with respect to a proposed change or public
announcement concerning a special access program of the
Department of Defense, the Secretary may submit the report
required by paragraph (1) regarding the proposed change or
public announcement at any time before the proposed change
or public announcement is made and shall include in the
report an explanation of the exceptional circumstances.
(d) Whenever there is a modification or termination of
the policy and criteria used for designating a program of
the Department of Defense as a special access program, the
Secretary of Defense shall promptly notify the defense
committees of such modification or termination. Any such
notification shall contain the reasons for the modification
or termination and, in the case of a modification, the
provisions of the policy as modified.
(e)(1) The Secretary of Defense may waive any
requirement under subsection (a), (b), or (c) that certain
information be included in a report under that subsection if
the Secretary determines that inclusion of that information
in the report would adversely affect the national security.
Any such waiver shall be made on a case-by-case basis.
(2) If the Secretary exercises the authority provided
under paragraph (1), the Secretary shall provide the
information described in that subsection with respect to the
special access program concerned, and the justification for
the waiver, jointly to the chairman and ranking minority
member of each of the defense committees.
(f) A special access program may not be initiated
until--
(1) the defense committees are notified of
the program; and
(2) a period of 30 days elapses after such
notification is received.
(g) In this section, the term ``defense committees''
means--
(1) the Committee on Armed Services and the
Committee on Appropriations, and the Defense
Subcommittee of the Committee on Appropriations,
of the Senate; and
(2) the Committee on Armed Services and the
Committee on Appropriations, and the
Subcommittee on Defense of the Committee on
Appropriations, of the House of Representatives.
(Added Dec. 4, 1987, Pub.L. 100-180, Div. A,
Title XI, Part D, Sec. 1132(a)(1), 101 Stat.
1151; Nov. 5, 1990, Pub.L. 101-510, Div. A,
Title XIV, Part F, Sec. 1461, Part H,
Sec. 1482(a), 104 Stat. 1698, 1709; Feb. 10,
1996, Pub.L. 104-106, Div. A, Title X, Subtitle
E, Sec. 1055, Title XV,
[[Page 844]]
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
1045 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.)
1046 Sec. 222. Future-years mission budget.
(a) Future-years mission budget
The Secretary of Defense shall submit to Congress for
each fiscal year a future-years mission budget for the
military programs of the Department of Defense. That budget
shall be submitted for any fiscal year not later than 60
days after the date on which the President's budget for that
fiscal year is submitted to Congress pursuant to section
1105 of title 31.
(b) Consistency with future-years defense program
The future-years mission budget shall be consistent with
the future-years defense program required under section 221
of this title. In the future-years mission budget, the
military programs of the Department of Defense shall be
organized on the basis of major roles, missions, or forces
of the Department of Defense.
[[Page 845]]
(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.)
1047 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
1048 Sec. 4342. Cadets: appointment; numbers, territorial
distribution.
(a) The authorized strength of the Corps of Cadets of
the Academy (determined for any year as of the day before
the last day of the aca
[[Page 846]]
demic year) is 4,000. Subject to that limitation, cadets are
selected as follows:
(1) 65 cadets selected in order of merit as
established by competitive examinations from the
children of members of the armed forces who were
killed in action or died of, or have a service-
connected disability rated at not less than 100
per centum resulting from, wounds or injuries
received or diseases contracted in, or
preexisting injury or disease aggravated by,
active service, children of members who are in a
``missing status'' as defined in section 551(2)
of title 37, and children of civilian employees
who are in ``missing status'' as defined in
section 5561(5) of title 5. The determination of
the Department of Veterans Affairs as to service
connection of the cause of death or disability,
and the percentage at which the disability is
rated is binding upon the Secretary of the Army.
(2) Five cadets nominated at large by the
Vice President or, if there is no Vice
President, by the President pro tempore of the
Senate.
(3) Ten cadets from each State, five of whom
are nominated by each Senator from that State.
(4) Five cadets from each congressional
district, nominated by the Representative from
the district.
(5) Five cadets from the District of
Columbia, nominated by the Delegate to the House
of Representatives from the District of
Columbia.
(6) Three cadets from the Virgin Islands,
nominated by the Delegate in Congress from the
Virgin Islands.
(7) Six cadets from Puerto Rico, five of
whom are nominated by the Resident Commissioner
from Puerto Rico and one who is a native of
Puerto Rico nominated by the Governor of Puerto
Rico.
(8) Three cadets from Guam, nominated by the
Delegate in Congress from Guam.
(9) Two cadets from American Samoa,
nominated by the Delegate in Congress from
American Samoa.
(10) One cadet from the Commonwealth of the
Northern Mariana Islands, nominated by the
resident representative from the commonwealth.
Each Senator, Representative, and Delegate in Congress,
including the Resident Commissioner from Puerto Rico, is
entitled to nominate 10 persons for each vacancy that is
available to him under this section. Nominees may be
submitted without ranking or with a principal candidate and
9 ranked or unranked alternates. Qualified nominees not
selected for appointment under this subsection shall be
considered qualified alternates for the purposes of
selection under other provisions of this chapter.
(b) In addition, there may be appointed each year at the
Academy cadets as follows:
(1) one hundred selected by the President
from the children of members of an armed force
who--
(A) are on active duty (other than for
training) and who served continuously on
active duty for at least eight years;
(B) are, or who died while they were,
retired with pay or granted retired or
retainer pay;
[[Page 847]]
(C) are serving as members of reserve
components and are credited with at least
eight years of service computed under
section 12733 of this title; or
(D) would be, or who died while they
would have been, entitled to retired pay
under Chapter 1223 of this title, except for
not having attained 60 years of age;
however, a person who is eligible for selection
under clause (1) of subsection (a) may not be
selected under this clause.
(2) 85 nominated by the Secretary of the
Army from enlisted members of the Regular Army.
(3) 85 nominated by the Secretary of the
Army from enlisted members of reserve components
of the Army.
(4) 20 nominated by the Secretary of the
Army, under regulations prescribed by him, from
the honor graduates of schools designated as
honor schools by the Department of the Army, the
Department of the Navy, or the Department of the
Air Force, and from members of the Reserve
Officers' Training Corps.
(5) 150 selected by the Secretary of the
Army in order of merit (prescribed pursuant to
section 4343 of this title) from qualified
alternates nominated by persons named in clauses
(3) and (4) of subsection (a).
(c) The President may also appoint as cadets at the
Academy children of persons who have been awarded the Medal
of Honor for acts performed while in the armed forces.
(d) The Superintendent may nominate each year 50 persons
from the country at large. Persons nominated under this
paragraph may not displace any appointment authorized under
clauses (2) through (9) of subsection (a) and may not cause
the total strength of the Corps of Cadets to exceed the
authorized number.
(e) If the annual quota of cadets under subsection
(b)(1), (2), (3) is not filled, the Secretary may fill the
vacancies by nominating for appointment other candidates
from any of these sources who were found best qualified on
examination for admission and not otherwise nominated.
(f) Each candidate for admission nominated under clauses
(3) through (9) of subsection (a) must be domiciled in the
State, or in the congressional district, from which he is
nominated, or in the District of Columbia, Puerto Rico,
American Samoa, Guam, or the Virgin Islands, if nominated
from one of those places.
(g) The Secretary of the Army may limit the number of
cadets authorized to be appointed under this section to the
number that can be adequately accommodated at the Academy,
as determined by the Secretary after consulting with the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives, subject
to the following:
(1) Cadets chargeable to each nominating
authority named in subsection (a)(3) or (4) may
not be limited to less than four.
(2) If the Secretary limits the number of
appointments under subsection (a)(3) or (4),
appointments under subsection (b)(1)-(4) are
limited as follows:
(A) 27 appointments under subsection
(b)(1);
(B) 27 appointments under subsection
(b)(2);
(C) 27 appointments under subsection
(b)(3); and
(D) 13 appointments under subsection
(b)(4).
[[Page 848]]
(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.).
1049 Sec. 4355. Board of Visitors.
(a) A Board of Visitors to the Academy is constituted
annually of--
(1) the chairman of the Committee on Armed
Services of the Senate, or his designee;
(2) three other members of the Senate
designated by the Vice President or the
President pro tempore of the Senate, two of whom
are members of the Committee on Appropriations
of the Senate;
(3) the chairman of the Committee on Armed
Services of the House of Representatives, or his
designee;
[[Page 849]]
(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
1050 Sec. 4689. Transfer of material and equipment to the
Architect of the Capitol.
The Secretary of the Army is authorized to transfer,
without payment, to the Architect of the Capitol, such
material and equipment, not required by the Department of
the Army, as the Architect may request for use at the
Capitol powerplant, the Capitol, and the Senate and House
Office Buildings. (June 5, 1920, ch. 253, Sec. 1, 41 Stat.
1035; Mar. 3, 1921, ch. 124, Sec. 1, 41 Stat. 1291; Pub.L.
107-217, Sec. 2(1), Aug. 21, 2002, 116 Stat. 1294; Pub.L.
108-375, Sec. 1084(d)(26), Oct. 28, 2004, 118 Stat. 2063.)
[[Page 850]]
Chapter 603.--UNITED STATES NAVAL ACADEMY
1051 Sec. 6954. Midshipmen: number.
(a) The authorized strength of the Brigade of Midshipmen
(determined for any year as of the day before the last day
of the academic year) is 4,000 or such higher number as may
be prescribed by the Secretary of the Navy under subsection
(h).
(1) 65 selected in order of merit as
established by competitive examination from the
children of members of the armed forces who were
killed in action or died of, or have a service-
connected disability rated at not less than 100
per centum resulting from, wounds or injuries
received or diseases contracted in, or
preexisting injury or disease aggravated by,
active service, children of members who are in a
``missing status'' as defined in section 551(2)
of title 37, and children of civilian employees
who are in ``missing status'' as defined in
section 5561(5) of title 5. The determination of
the Department of Veterans Affairs as to service
connection of the cause of death or disability,
and the percentage at which the disability is
rated, is binding upon the Secretary of the
Navy.
(2) Five nominated at large by the Vice
President or, if there is no Vice President, by
the President pro tempore of the Senate.
(3) Ten from each State, five of whom are
nominated by each Senator from that State.
(4) Five nominated by each Representative in
Congress.
(5) Five from the District of Columbia,
nominated by the Delegate to the House of
Representatives from the District of Columbia.
(6) Three from the Virgin Islands, nominated
by the Delegate in Congress from the Virgin
Islands.
(7) Six from Puerto Rico, five of whom are
nominated by the Resident Commissioner from
Puerto Rico and one who is native of Puerto Rico
nominated by the Governor of Puerto Rico.
(8) Three from Guam, nominated by the
Delegate in Congress from Guam.
(9) Two from American Samoa, nominated by
the Delegate in Congress from American Samoa.
(10) One from the Commonwealth of the
Northern Mariana Islands, nominated by the
resident representative from the commonwealth.
Each Senator, Representative, and Delegate in Congress,
including the Resident Commissioner from Puerto Rico, is
entitled to nominate 10 persons for each vacancy that is
available to him under this section. Nominees may be
submitted without ranking or with a principal candidate and
9 ranked or unranked alternates. Qualified nominees not
selected for appointment under this subsection shall be
considered qualified alternates for the purposes of
selection under other provisions of this chapter.
(b) In addition there may be appointed each year at the
Academy midshipmen as follows:
(1) one hundred selected by the President
from the children of members of an armed force
who--
(A) are on active duty (other than for
training) and who have served continuously
on active duty for at least eight years;
[[Page 851]]
(B) are, or who died while they were,
retired with pay or granted retired or
retainer pay;
(C) are serving as members of reserve
components and are credited with at least
eight years of service computed under
section 12733 of this title; or
(D) would be, or who died while they
would have been, entitled to retired pay
under Chapter 1223 of this title, except for
not having attained 60 years of age;
however, a person who is eligible for selection
under clause (1) of subsection (a) may not be
selected under this clause.
(2) 85 nominated by the Secretary of the
Navy from enlisted members of the Regular Navy
and the Regular Marine Corps.
(3) 85 nominated by the Secretary of the
Navy from enlisted members of the Navy Reserve
and the Marine Corps Reserve.
(4) 20 nominated by the Secretary of the
Navy, under regulations prescribed by him, from
the honor graduates of schools designated as
honor schools by the Department of the Army, the
Department of the Navy, or the Department of the
Air Force, and from members of the Naval Reserve
Officers' Training Corps.
(5) 150 selected by the Secretary of the
Navy in order of merit (prescribed pursuant to
section 6956 of this title) from qualified
alternates nominated by person named in clauses
(3) and (4) of subsection (a).
(c) The President may also appoint as midshipmen at the
Academy children of persons who have been awarded the medal
of honor for acts performed while in the armed forces.
(d) The Superintendent of the Naval Academy may nominate
for appointment each year 50 persons from the country at
large. Persons nominated under this paragraph may not
displace any appointment authorized under clauses (2)
through (8) of subsection (a) and may not cause the total
strength of midshipmen at the Navy Academy to exceed the
authorized number.
(e) The Secretary of the Navy may limit the number of
midshipmen appointed under section (b)(5). When he does so,
if the total number of midshipmen, upon admission of a new
class at the Academy, will be more than 3,737, no
appointment may be made under subsection (b)(2) or (3) of
this section or section 6956 of this title.
(f) The Superintendent of the Naval Academy shall
furnish to any Member of Congress, upon the written request
of such Member, the name of the Congressman or other
nominating authority responsible for the nomination of any
named or identified person for appointment to the Academy.
(g) For purposes of the limitation in subsection (a)
establishing the aggregate authorized strength of the
Brigade of Midshipmen, the Secretary of the Navy may for any
year permit a variance in that limitation by not more than
one percent. In applying that limitation, and any such
variance, the last day of an academic year shall be
considered to be graduation day.
(h)(1) Beginning with the 2003-2004 academic year, the
Secretary of the Navy may prescribe annual increases in the
midshipmen strength limit in effect under subsection (a).
For any academic year, any such increase shall be by no more
than 100 midshipmen or such lesser number as applies under
paragraph (3) for that year. Such annual increases
[[Page 852]]
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.).
1052 Sec. 6956. Midshipmen: nomination and selection to fill
vacancies.
(a) If the annual quota of midshipmen from--
(1) enlisted members of the Regular Navy and
the Regular Marine Corps;
[[Page 853]]
(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.)
1053 Sec. 6968. Board of Visitors.
(a) A Board of Visitors to the Naval Academy is
constituted annually of--
(1) the chairman of the Committee on Armed
Services of the Senate, or his designee;
(2) three other members of the Senate
designated by the Vice President or the
President pro tempore of the Senate, two of whom
are members of the Committee on Appropriations
of the Senate;
(3) the chairman of the Committee on Armed
Services of the House of Representatives, or his
designee;
(4) four other members of the House of
Representatives designated by the Speaker of the
House of Representatives, two of whom are
members of the Committee on Appropriations of
the House of Representatives; and
(5) six persons designated by the President.
(b) The persons designated by the President serve for
three years each except that any member whose term of office
has expired shall continue to serve until his successor is
appointed. The President shall designate two persons each
year to succeed the members whose terms expire that year.
(c) If a member of the Board dies or resigns, a
successor shall be designated for the unexpired portion of
the term by the official who designated the member.
[[Page 854]]
(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
1054 Sec. 9342. Cadets: appointment; numbers, territorial
distribution.
(a) The authorized strength of Air Force Cadets of the
Academy (determined for any year as of the day before the
last day of the academic year) is 4,000 or such higher
number as may be prescribed by the Secretary of the Air
Force under subsection (j). Subject to that limitation, Air
Force Cadets are selected as follows:
(1) 65 cadets selected in order or merit as
established by competitive examination from the
children of members of the armed forces who were
killed in action or died of, or have a service-
connected disability rated at not less than 100
per centum resulting from wounds or injuries
received or diseases contracted in, or
preexisting injury or disease aggravated by,
active service, children of members who are in a
``missing status'' as defined in section 551(2)
of title 37, and children of civilian employees
who are in ``missing status'' as defined in
section 5561(5) of title 5. The determination of
the Department of Veterans Affairs as to service
connection of the cause of death or disability,
and the percentage at which the disability is
rated is binding upon the Secretary of the Air
Force.
(2) Five cadets nominated at large by the
Vice President or, if there is no Vice
President, by the President pro tempore of the
Senate.
(3) Ten cadets from each State, five of whom
are nominated by each Senator from that State.
(4) Five cadets from each congressional
district, nominated by the Representative from
the district.
(5) Five cadets from the District of
Columbia, nominated by the Delegate to the House
of Representatives from the District of
Columbia.
[[Page 855]]
(6) Three cadets from the Virgin Islands,
nominated by the Delegate in Congress from the
Virgin Islands.
(7) Six cadets from Puerto Rico, five of
whom are nominated by the Resident Commissioner
from Puerto Rico and one who is a native of
Puerto Rico nominated by the Governor of Puerto
Rico.
(8) Three cadets from Guam, nominated by the
Delegate in Congress from Guam.
(9) Two cadets from American Samoa,
nominated by the Delegate in Congress from
American Samoa.
(10) One cadet from the Commonwealth of the
Northern Mariana Islands, nominated by the
residents representative from the commonwealth.
Each Senator, Representative, and Delegate in Congress,
including the Resident Commissioner from Puerto Rico, is
entitled to nominate 10 persons for each vacancy that is
available to him under this section. Nominees may be
submitted without ranking or with a principal candidate and
9 ranked or unranked alternates. Qualified nominees not
selected for appointment under this subsection shall be
considered qualified alternates for the purposes of
selection under other provisions of this chapter.
(b) In addition, there may be appointed each year at the
Academy cadets as follows:
(1) one hundred selected by the President
from the children of members of an armed force
who--
(A) are on active duty (other than for
training) and who have served continuously
on active duty for at least eight years;
(B) are, or who died while they were,
retired with pay or granted retired or
retainer pay;
(C) are serving as members of reserve
components and are credited with at least
eight years of service computed under
section 12733 of this title; or
(D) would be, or who died while they
would have been, entitled to retired pay
under Chapter 1223 of this title, except for
not having attained 60 years of age;
however, a person who is eligible for selection
under clause (1) of subsection (a) may not be
selected under this clause.
(2) 85 nominated by the Secretary of the Air
Force from enlisted members of the Regular Air
Force.
(3) 85 nominated by the Secretary of the Air
Force from enlisted members of reserve
components of the Air Force.
(4) 20 nominated by the Secretary of the Air
Force, under regulations prescribed by him, from
the honor graduates of schools designated as
honor schools by the Department of the Army, the
Department of the Navy, or the Department of the
Air Force, and from members of the Air Force
Reserve Officers' Training Corps.
(5) 150 selected by the Secretary of the Air
Force in order of merit (prescribed pursuant to
section 9343 of this title) from qualified
alternates nominated by persons named in clauses
(3) and (4) of subsection (a).
(c) The President may also appoint as cadets
at the Academy children of persons who have been
awarded the Medal of Honor for acts performed
while in the armed forces.
[[Page 856]]
(d) The Superintendent may nominate for
appointment each year 50 persons from the
country at large. Persons nominated under this
paragraph may not displace any appointment
authorized under clauses (2) through (9) of
subsection (a) and may not cause the total
strength of Air Force Cadets to exceed the
authorized number.
(e) If the annual quota of cadets under
subsection (b) (1), (2), or (3) is not filled,
the Secretary may fill the vacancies by
nominating for appointment other candidates from
any of these sources who were found best
qualified on examination for admission and not
otherwise nominated.
(f) Each candidate for admission nominated
under clauses (3) through (9) of subsection (a)
must be domiciled in the State, or in the
congressional district, from which he is
nominated, or in the District of Columbia,
Puerto Rico, American Samoa, Guam, or the Virgin
Islands, if nominated from one of those places.
(g) The Secretary of the Air Force may limit
the number of cadets authorized to be appointed
under this section to the number that can be
adequately accommodated at the Academy as
determined by the Secretary after consulting
with the Committee on Armed Services of the
Senate and the Committee on Armed Services of
the House of Representatives, subject to the
following:
(1) Cadets chargeable to each nominating
authority named in subsection (a) (3) or (4) may
not be limited to less than four.
(2) If the Secretary limits the number of
appointments under subsection (a) (3) or (4),
appointments under subsection (b)(1)-(4) are
limited as follows:
(A) 27 appointments under subsection
(b)(1);
(B) 27 appointments under subsection
(b)(2);
(C) 27 appointments under subsection
(b)(3); and
(D) 13 appointments under subsection
(b)(4).
(3) If the Secretary limits the number of
appointments under subsection (b)(5),
appointment under subsection (b)(2)-(4) are
limited as follows:
(A) 27 appointments under subsection
(b)(2);
(B) 27 appointments under subsection
(b)(3); and
(C) 13 appointments under subsection
(b)(4).
(4) The limitations provided for in this
subsection do not affect the operation of
subsection (e).
(h) The Superintendent shall furnish to any Member of
Congress, upon the written request of such Member, the name
of the Congressman or other nominating authority responsible
for the nomination of any named or identified person for
appointment to the Academy.
(i) For purposes of the limitation in subsection (a)
establishing the aggregate authorized strength of Air Force
Cadets, the Secretary of the Air Force may for any year
permit a variance in that limitation by not more than one
percent. In applying that limitation, and any such variance,
the last day of an academic year shall be considered to be
graduation day.
(j)(1) Beginning with the 2003-2004 academic year, the
Secretary of the Air Force may prescribe annual increases in
the cadet strength limit in effect under subsection (a). For
any academic year, any such increase shall be by no more
than 100 cadets or such lesser number as applies under
paragraph (3) for that year. Such annual increases
[[Page 857]]
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.).
1055 Sec. 9355. Board of Visitors.
(a) A Board of Visitors to the Academy is constituted
annually. The Board consists of the following members:
(1) Six persons designated by the President.
(2) The chairman of the Committee on Armed
Services of the House of Representatives, or his
designee.
[[Page 858]]
(3) Four persons designated by the Speaker
of the House of Representatives, three of whom
shall be members of the House of Representatives
and the fourth of whom may not be a member of
the House of Representatives.
(4) The chairman of the Committee on Armed
Services of the Senate, or his designee.
(5) Three other members of the Senate
designated by the Vice President or the
President pro tempore of the Senate, two of whom
are members of the Committee on Appropriations
of the Senate.
(b)(1) The persons designated by the President serve for
three years each except that any member whose term of office
has expired shall continue to serve until his successor is
designated. The President shall designate persons each year
to succeed the members designated by the President whose
terms expire that year.
(2) At least two of the members designated by the
President shall be graduates of the Academy.
(c)(1) If a member of the Board dies or resigns or is
terminated as a member of the Board under paragraph (2), a
successor shall be designated for the unexpired portion of
the term by the official who designated the member.
(2)(A) If a member of the Board fails to attend two
successive Board meetings, except in a case in which an
absence is approved in advance, for good cause, by the Board
chairman, such failure shall be grounds for termination from
membership on the Board. A person designated for membership
on the Board shall be provided notice of the provisions of
this paragraph at the time of such designation.
(B) Termination of membership on the Board under
subparagraph (A)--
(i) in the case of a member of the Board who
is not a member of Congress, may be made by the
Board chairman; and
(ii) in the case of a member of the Board
who is a member of Congress, may be made only by
the official who designated the member.
(C) When a member of the Board is subject to termination
from membership on the Board under subparagraph (A), the
Board chairman shall notify the official who designated the
member. Upon receipt of such a notification with respect to
a member of the Board who is a member of Congress, the
official who designated the member shall take such action as
that official considers appropriate.
(d) The Board should meet at least four times a year,
with at least two of those meetings at the Academy. The
Board or its members may make other visits to the Academy in
connection with the duties of the Board. Board meetings
should last at least one full day. Board members shall have
access to the Academy grounds and the cadets, faculty,
staff, and other personnel of the Academy for the purposes
of the duties of the Board.
(e)(1) The Board shall inquire into the morale,
discipline, and social climate, the curriculum, instruction,
physical equipment, fiscal affairs, academic methods, and
other matters relating to the Academy that the Board decides
to consider.
(2) The Secretary of the Air Force and the
Superintendent of the Academy shall provide the Board candid
and complete disclosure, con
[[Page 859]]
sistent with applicable laws concerning disclosure of
information, with respect to institutional problems.
(3) The Board shall recommend appropriate action.
(f) The Board shall prepare a semiannual report
containing its views and recommendations pertaining to the
Academy, based on its meeting since the last such report and
any other considerations it determines relevant. Each such
report shall be submitted concurrently to the Secretary of
Defense, through the Secretary of the Air Force, and to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives.
(g) Upon approval by the Secretary, the Board may call
in advisers for consultation.
(h) While performing duties as a member of the Board,
each member of the Board and each adviser shall be
reimbursed under Government travel regulations for travel
expenses. (Aug. 10, 1956, ch. 1041, Sec. 1, 70A Stat. 567;
Dec. 23, 1980, Pub.L. 95-579, Sec. 13(c), 94 Stat. 3369;
Feb. 10, 1996, Pub.L. 104-106, Div A, Title X, Subtitle F,
Sec. 1061(e)(2), Title XV, Sec. 1502(a)(12), 110 Stat. 443,
503; Pub.L. 106-65, Div. A, Title X, Sec. 1067(1), Oct. 5,
1999, 113 Stat. 774; Pub.L. 108-375, Div. A, Title V,
Sec. 543, Oct. 28, 2004, 118 Stat. 1904; Pub.L. 109-364,
Div. A, Title X, Sec. 1071(a)(39), Oct. 17, 2006, 120 Stat.
2400.)
Chapter 1013.--BUDGET INFORMATION AND ANNUAL REPORTS TO
CONGRESS
1056 Sec. 10541. National Guard and reserve component equipment:
annual report to Congress.
(a) The Secretary of Defense shall submit to the
Congress each year, not later than February 15, a written
report concerning the equipment of the National Guard and
the reserve components of the armed forces for each of the
three succeeding fiscal years.
(b) Each report under this section shall include the
following:
(1) Recommendations as to the type and
quantity of each major item of equipment which
should be in the inventory of the Selected
Reserve of the Ready Reserve of each reserve
component of the armed forces.
(2) A statement of the quantity and average
age of each type of major item of equipment
which is expected to be physically available in
the inventory of the Selected Reserve of the
Ready Reserve of each reserve component as of
the beginning of each fiscal year covered by the
report.
(3) A statement of the quantity and cost of
each type of major item of equipment which is
expected to be procured for the Selective
Reserve of the Ready Reserve of each reserve
component from commercial sources or to be
transferred to each such Selected Reserve from
the active-duty components of the armed forces.
(4) A statement of the quantity of each type
of major item of equipment which is expected to
be retired, decommissioned, transferred, or
otherwise removed from the physical inventory of
the Selected Reserve of the Ready Reserve of
each reserve component and the plans for
replacement of that equipment.
(5) A listing of each major item of
equipment required by the Selected Reserve of
the Ready Reserve of each reserve component
indicating--
[[Page 860]]
(A) the full war-time requirement of
that component for that item, shown in
accordance with deployment schedules and
requirements over successive 30-day periods
following mobilization;
(B) the number of each such item in the
inventory of the component;
(C) a separate listing of each such item
in the inventory that is a deployable item
and is not the most desired item;
(D) the number of each such item
projected to be in the inventory at the end
of the third succeeding fiscal year; and
(E) the number of nondeployable items in
the inventory as a substitute for a required
major item of equipment.
(6) A narrative explanation of the plan of
the Secretary concerned to provide equipment
needed to fill the war-time requirement for each
major item of equipment to all units of the
Selected Reserve, including an explanation of
the plan to equip units of the Selected Reserve
that are short of major items of equipment at
the outset of war.
(7) For each item of major equipment
reported under paragraph (3) in a report for one
of the three previous years under this section
as an item expected to be procured for the
Selected Reserve or to be transferred to the
Selected Reserve, the quantity of such equipment
actually procured for or transferred to the
Selected Reserve.
(8) A statement of the current status of the
compatibility of equipment between Army reserve
components and active forces of the Army, the
effect of that level of incompatibility on
combat effectiveness, and a plan to achieve full
equipment compatibility.
(c) Each report under this section shall be expressed in
the same format and with the same level of detail as the
information presented in the annual Five Year Defense
Program Procurement Annex prepared by the Department of
Defense. (Added Pub.L. 101-510, Sec. 1483(a), Nov. 5, 1990,
104 Stat. 1714 [former Sec. 115(a)(2), (3)]; amended Pub.L.
102-484, Sec. 1134, Oct. 23, 1992, 106 Stat. 2541;
transferred, redesignated Sec. 10541, and amended Pub.L.
103-337, Sec. 1661(d)(2), Oct. 5, 1994, 108 Stat. 2982.)
[[Page 861]]
TITLE 12.--BANKS AND BANKING
Chapter 3.--FEDERAL RESERVE SYSTEM
Subchapter VII.--Directors of Federal Reserve Banks; Reserve
Agents and Assistants
1060 Sec. 303. Qualifications and disabilities.
No Senator * * * shall be a member of the Board of
Governors of the Federal Reserve System or an officer or a
director of a Federal Reserve bank. * * * (Dec. 23, 1913,
ch. 6, Sec. 4, 38 Stat. 255; Aug. 23, 1935, ch. 614,
Sec. 203(a), 49 Stat. 704.)
[[Page 862]]
TITLE 14.--COAST GUARD
Chapter 9.--COAST GUARD ACADEMY
1061 Sec. 194. Annual Board of Visitors.
(a) In addition to the Advisory Committee, a Board of
Visitors to the Academy is established to visit the Academy
annually and to make recommendations on the operation of the
Academy.
(b) The Board shall be composed of--
(1) two Senators designated by the Chairman
of the Committee on Commerce, Science, and
Transportation of the Senate;
(2) three Members of the House of
Representatives designated by the Chairman of
the Committee on Transportation and
Infrastructure of the House of Representatives;
(3) one Senator designated by the President
of the Senate;
(4) two Members of the House of
Representatives designated by the Speaker of the
House of Representatives; and
(5) the Chairman of the Committee on
Commerce, Science, and Transportation of the
Senate and the Chairman of the Committee on
Transportation and Infrastructure of the House
of Representatives, as ex officio Members.
(c) When a Member is unable to attend the annual meeting
another Member may be designated as provided under
subsection (b).
(d) When an ex officio Member is unable to attend the
annual meeting that Member may designate another Member.
(e) Members of the Board shall be designated in the
First Session and serve for the duration of the Congress.
(f) The Board shall visit the Academy annually on the
date chosen by the Secretary. Each Member of the Board shall
be reimbursed, to the extent permitted by law, by the Coast
Guard for actual expenses incurred while engaged in duties
as a Member of the Board. (Aug. 4, 1949, ch. 393, Sec. 1, 63
Stat. 510; Nov. 16, 1990, Pub.L. 101-595, Sec. 304, 104
Stat. 2984; Pub.L. 107-295, Title IV, Sec. 408(a)(1), Nov.
25, 2002, 116 Stat. 2117.)
15 u.s.c.--commerce and trade
general and permanent laws relating to the senate
[[Page 863]]
TITLE 15.--COMMERCE AND TRADE
Chapter 21.--NATIONAL POLICY ON EMPLOYMENT
1065 Sec. 1022. Economic Report of President; coverage;
supplementary reports; reference to Congressional joint
committee; percentage rate of unemployment; definitions.
(a) The President shall annually transmit to the
Congress not later than 10 days after the submission of the
budget under section 1105(a) of title 31, United States
Code, with copies transmitted to the Governor of each State
and to other appropriate State and local officials, an
economic report (hereinafter in this chapter referred to as
the ``Economic Report'') together with the annual report of
the Council of Economic Advisers submitted in accord with
section 1023(c) of this title, setting forth--
(1) the current and foreseeable trends in
the levels of employment, unemployment,
production, capital formation, real income,
Federal budget outlays and receipts,
productivity, international trade and payments,
and prices, and a review and analysis of recent
domestic and international developments
affecting economic trends in the Nation;
(2)(A) annual numerical goals for employment
and unemployment, production, real income,
productivity, Federal outlays as a proportion of
gross national product, and prices for the
calendar year in which the Economic Report is
transmitted and for the following calendar year,
designated as short-term goals, which shall be
consistent with achieving as rapidly as feasible
the goals of full employment and production,
increased real income, balanced growth, fiscal
policies that would establish the share of an
expanding gross national product accounted for
by Federal outlays at the lowest level
consistent with national needs and priorities, a
balanced Federal budget, adequate productivity
growth, price stability, achievement of an
improved trade balance, and proper attention to
national priorities; and
(B) annual numerical goals as specified in
subparagraph (A) for the three successive
calendar years, designated as medium term goals;
(3) employment objectives for certain
significant subgroups of the labor force,
including youth, women, minorities, handicapped
persons, veterans, and middle-aged and older
persons; and
(4) a program for carrying out the policy
declared in section 1021 of this title, together
with such recommendations for legislation as the
President may deem necessary or desirable.
(b) The President may transmit from time to time to the
Congress reports supplementary to the Economic Report, each
of which shall include such supplementary or revised
recommendations as he may deem necessary or desirable to
achieve the policy declared in section 1021 of this title.
[[Page 864]]
(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.)
1066 Sec. 1024. Joint Economic Committee.
(a) There is established a Joint Economic Committee, to
be composed of ten Members of the Senate, to be appointed by
the President of the Senate, and ten Members of the House of
Representatives, to be appointed by the Speaker of the House
of Representatives. In each case, the majority party shall
be represented by six Members and the minority party shall
be represented by four Members.
(b) It shall be the function of the joint committee--
(1) to make a continuing study of matters
relating to the Economic Report;
(2) to study means of coordinating programs
in order to further the policy of this chapter;
and
(3) as a guide to the several committees of
the Congress dealing with legislation relating
to the Economic Report, not later than March 1
of each year (beginning with the year 1947) to
file a report with the Senate and the House of
Representatives containing its findings and
recommendations with respect to each of the main
recommendations made by the President in the
Economic Report, and from time to time to make
such other reports and recommendations to the
Senate and House of Representatives as it deems
advisable.
(c) Vacancies in the membership of the joint committee
shall not affect the power of the remaining members to
execute the functions of the joint committee, and shall be
filled in the same manner as in the case of the original
selection. The joint committee shall select a chairman and a
vice chairman from among its members.
(d) The joint committee, or any duly authorized
subcommittee thereof, is authorized to hold such hearings as
it deems advisable, and, within the limitations of its
appropriations, the joint committee is empowered to appoint
and fix the compensation of such experts, consultants,
technicians, and clerical and stenographic assistants, to
procure such printing and binding, and to make such
expenditures, as it deems necessary and advisable. The cost
of stenographic services to report hearings of the joint
committee, or any subcommittee thereof, shall not exceed 25
cents per hundred words. The joint committee is authorized
to utilize
[[Page 865]]
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.)
1067 Sec. 1025. Printing of monthly publication by Joint Economic
Committee entitled ``Economic Indicators'';
distribution.
The Joint Economic Committee is authorized to issue a
monthly publication entitled ``Economic Indicators'', and a
sufficient quantity shall be printed to furnish one copy to
each Member of Congress; the Secretary and the Sergeant at
Arms of the Senate; the Clerk, Sergeant at Arms, and Chief
Administrative Officer of the House of Representatives; two
copies to the libraries of the Senate and House, and the
Congressional Library; seven hundred copies to the Joint
Economic Committee; and the required number of copies to the
Superintendent of Documents for distribution to depository
libraries; and the Superintendent of Documents is authorized
to have copies printed for sale to the public. (June 23,
1949, ch. 237, 63 Stat. 264; Pub.L. 104-186, Title II,
Sec. 217, Aug. 20, 1996, 110 Stat. 1747.)
18 u.s.c.--crimes and criminal procedure
general and permanent laws relating to the senate
[[Page 866]]
TITLE 18.--CRIMES AND CRIMINAL PROCEDURE
Chapter 11.--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST
1070 Sec. 201. Bribery of public officials and witnesses.
(a) For the purpose of this section--
(1) the term ``public official'' means
Member of Congress, Delegate, or Resident
Commissioner, either before or after such
official has qualified, or an officer or
employee or person acting for or on behalf of
the United States, or any department, agency or
branch of Government thereof, including the
District of Columbia, in any official function,
under or by authority of any such department,
agency, or branch of Government, or a juror;
(2) the term ``person who has been selected
to be a public official'' means any person who
has been nominated or appointed to be a public
official, or has been officially informed that
such person will be so nominated or appointed;
and
(3) the term ``official act'' means any
decision or action on any question, matter,
cause, suit, proceeding or controversy, which
may at any time be pending, or which may by law
be brought before any public official, in such
official's official capacity, or in such
official's place of trust or profit.
(b) Whoever--
(1) directly or indirectly, corruptly gives,
offers or promises anything of value to any
public official or person who has been selected
to be a public official, or offers or promises
any public official or any person who has been
selected to be a public official to give
anything of value to any other person or entity,
with intent--
(A) to influence any official act; or
(B) to influence such public official or
person who has been selected to be a public
official to commit or aid in committing, or
collude in, or allow, any fraud, or make
opportunity for the commission of any fraud,
on the United States; or
(C) to induce such public official or
such person who has been selected to be a
public official to do or omit to do any act
in violation of the lawful duty of such
official or person;
(2) being a public official or person
selected to be a public official, directly or
indirectly, corruptly demands, seeks, receives,
accepts, or agrees to receive or accept anything
of value personally or for any other person or
entity, in return for--
(A) being influenced in the performance
of any official act;
(B) being influenced to commit or aid in
committing, or to collude in, or allow, any
fraud, or make opportunity for the
commission of any fraud, on the United
States; or
(C) being induced to do or omit to do
any act in violation of the official duty of
such official or person;
(3) directly or indirectly, corruptly gives,
offers, or promises anything of value to any
person, or offers or promises such person
[[Page 867]]
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 orboth Houses of Congress, or any
agency, commission, or officer authorized by the
laws of the United States to hear evidence or
take testimony, or for or because of such
person's absence therefrom;
(3) directly or indirectly, demands, seeks,
receives, accepts, or agrees to receive or
accept anything of value personally for or
because of the testimony under oath or
affirmation given or to be given by such person
as a witness upon any such trial, hearing, or
other proceeding, or for or because of such
person's absence therefrom;
shall be fined under this title or imprisoned for not more
than two years, or both.
(d) Paragraphs (3) and (4) of subsection (b) and
paragraphs (2) and (3) of subsection (c) shall not be
construed to prohibit the payment or receipt of witness fees
provided by law, or the payment, by the party upon whose
behalf a witness is called and receipt by a witness, of the
reasonable cost of travel and subsistence incurred and the
reasonable value of time lost in attendance at any such
trial, hearing, or
[[Page 868]]
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.)
1071 Sec. 202. Definitions.
(a) For the purpose of sections 203, 205, 207, 208, and
209 of this title the term ``special Government employee''
shall mean an officer or employee of the executive or
legislative branch of the United States Government, of any
independent agency of the United States or of the District
of Columbia, who is retained, designated, appointed, or
employed to perform, with or without compensation, for not
to exceed one hundred and thirty days during any period of
three hundred and sixty-five consecutive days, temporary
duties either on a full-time or intermittent basis, or a
part-time United States commissioner, a part-time United
States magistrate, or, regardless of the number of days of
appointment, an independent counsel appointed under chapter
40 of title 28 and any person appointed by that independent
counsel under section 594(c) of title 28. Notwithstanding
the next preceding sentence, every person serving as a part-
time local representative of a Member of Congress in the
Member's home district or State shall be classified a
special Government employee. Notwithstanding section 29 (c)
and (d) of the Act of August 10, 1956 (70A Stat. 632; 5
U.S.C. 30r (c) and (d)),\1\ a Reserve Officer of the Armed
Forces, or an officer of the National Guard of the United
States, unless otherwise an officer or employee of the
United States, shall be classified as a special Government
employee while on active duty solely for training. A Reserve
officer of the Armed Forces or an officer of the National
Guard of the United States who is voluntarily serving a
period of extended active duty in excess of one hundred and
thirty days shall be classified as an officer of the United
States within the meaning of section 203 and sections 205
through 209 and 218. A Reserve officer of the Armed Forces
or an officer of the National Guard of the United States who
is serving involuntarily shall be classified as a special
Government employee. The terms ``officer or employee'' and
``special Government employee'' as used in sections 203,
205, 207 through 209, and 218, shall not include enlisted
members of the Armed Forces.
\1\Section 30r (c) and (d) of title 5, United States
Code, is now contained in sections 502, 2105(d), and
5534 of that title.
(b) For the purposes of sections 205 and 207 of this
title, the term ``official responsibility'' means the direct
administrative or operating authority, whether intermediate
or final, and either exercisable alone or with others, and
either personally or through subordinates, to approve,
disapprove, or otherwise direct Government action.
(c) Except as otherwise provided in such sections, the
terms ``officer'' and ``employee'' in sections 203, 205, 207
through 209, and 218 of this title shall not include the
President, the Vice President, a Member of Congress, or a
Federal judge.
[[Page 869]]
(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.)
1072 Sec. 203. Compensation to Members of Congress, officers, and
others in matters affecting the Government.
(a) Whoever, otherwise than as provided by law for the
proper discharge of official duties, directly or
indirectly--
(1) demands, seeks, receives, accepts, or
agrees to receive or accept any compensation for
any representational services, as agent or
attorney or otherwise, services rendered or to
be rendered either personally or by another--
(A) at a time when such person is a
Member of Congress, Member of Congress
Elect, Delegate, Delegate Elect, Resident
Commissioner, or Resident Commissioner
Elect; or
(B) at a time when such person is an
officer or employee or Federal judge of the
United States in the executive, legislative,
or judicial branch of the Government, or in
any agency of the United States,
in relation to any proceeding, application, request
for a ruling or other determination, contract,
claim, controversy, charge, accusation, arrest, or
other particular matter in which the United States
is a party or has a direct and substantial interest,
before any depart
[[Page 870]]
ment, agency, court, court-martial, officer, or any
civil, military, or naval commission; or
(2) knowingly gives, promises, or offers any
compensation for any such representational
services rendered or to be rendered at a time
when the person to whom the compensation is
given, promised, or offered, is or was such a
Member, Member Elect, Delegate, Delegate Elect,
Commissioner, Commissioner Elect, Federal judge,
officer, or employee;
shall be subject to the penalties set forth in section 216
of this title.
(b) Whoever, otherwise than as provided by law for the
proper discharge of official duties, directly or
indirectly--
(1) demands, seeks, receives, accepts, or
agrees to receive or accept any compensation for
any representational services, as agent or
attorney or otherwise, rendered or to be
rendered either personally or by another, at a
time when such person is an officer or employee
of the District of Columbia, in relation to any
proceeding, application, request for a ruling or
other determination, contract, claim,
controversy, charge, accusation, arrest, or
other particular matter in which the District of
Columbia is a party or has a direct and
substantial interest, before any department,
agency, court, officer, or commission; or
(2) knowingly gives, promises, or offers any
compensation for any such representational
services rendered or to be rendered at a time
when the person to whom the compensation is
given, promised, or offered, is or was an
officer or employee of the District of Columbia;
shall be subject to the penalties set forth in section 216
of this title.
(c) A special Government employee shall be subject to
subsection (a) only in relation to a particular matter
involving a specific party or parties--
(1) in which such employee has at any time
participated personally and substantially as a
Government employee or as a special Government
employee through decision, approval,
disapproval, recommendation, the rendering of
advice, investigation or otherwise; or
(2) which is pending in the department or
agency of the Government in which such employee
is serving except that paragraph (2) of this
subsection shall not apply in the case of a
special Government employee who has served in
such department or agency no more than sixty
days during the immediately preceding period of
three hundred and sixty-five consecutive days.
(d) Nothing in this section prevents an officer or
employee, including a special Government employee, from
acting, with or without compensation, as agent or attorney
for or otherwise representing his parents, spouse, child, or
any person for whom, or for any estate for which, he is
serving as guardian, executor, administrator, trustee, or
other personal fiduciary except--
(1) in those matters in which he has
participated personally and substantially as a
Government employee or as a special Government
employee through decision, approval,
disapproval, recommendation, the rendering of
advice, investigation, or otherwise; or
(2) in those matters that are the subject of
his official responsibility,
[[Page 871]]
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.)
1073 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.)
1074 Sec. 205. Activities of officers and employees in claims
against and other matters affecting the Government.
(a) Whoever, being an officer or employee of the United
States in the executive, legislative, or judicial branch of
the Government or in any agency of the United States, other
than in the proper discharge of his official duties--
(1) acts as agent or attorney for
prosecuting any claim against the United States,
or receives any gratuity, or any share of or
interest in any such claim, in consideration of
assistance in the prosecution of such claim; or
(2) acts as agent or attorney for anyone
before any department, agency, court, court-
martial, officer, or civil, military, or naval
commission in connection with any covered matter
in which the United States is a party or has a
direct and substantial interest;
shall be subject to the penalties set forth in section 216
of this title.
(b) Whoever, being an officer or employee of the
District of Columbia or an officer or employee of the Office
of the United States Attorney for the District of Columbia,
otherwise than in the proper discharge of official duties--
(1) acts as agent or attorney for
prosecuting any claim against the District of
Columbia, or receives any gratuity, or any share
of or interest in any such claim in
consideration of assistance in the prosecution
of such claim; or
(2) acts as agent or attorney for anyone
before any department, agency, court, officer,
or commission in connection with any covered
[[Page 872]]
matter in which the District of Columbia is a
party or has a direct and substantial interest;
shall be subject to the penalties set forth in section 216
of this title.
(c) A special Government employee shall be subject to
subsections (a) and (b) only in relation to a covered matter
involving a specific party or parties--
(1) in which he has at any time participated
personally and substantially as a Government
employee or special Government employee through
decision, approval, disapproval, recommendation,
the rendering of advice, investigation, or
otherwise; or
(2) which is pending in the department or
agency of the Government in which he is serving.
Paragraph (2) shall not apply in the case of a special
Government employee who has served in such department or
agency no more than sixty days during the immediately
preceding period of three hundred and sixty-five consecutive
days.
(d)(1) Nothing in subsection (a) or (b) prevents an
officer or employee, if not inconsistent with the faithful
performance of that officer's or employee's duties, from
acting without compensation as agent or attorney for, or
otherwise representing--
(A) any person who is the subject of
disciplinary, loyalty, or other personnel
administration proceedings in connection with
those proceedings; or
(B) except as provided in paragraph (2), any
cooperative, voluntary, professional,
recreational, or similar organization or group
not established or operated for profit, if a
majority of the organization's or group's
members are current officers or employees of the
United States or of the District of Columbia, or
their spouses or dependent children.
(2) Paragraph (1)(B) does not apply with respect to a
covered matter that--
(A) is a claim under subsection (a)(1) or
(b)(1);
(B) is a judicial or administrative
proceeding where the organization or group is a
party; or
(C) involves a grant, contract, or other
agreement (including a request for any such
grant, contract, or agreement) providing for the
disbursement of Federal funds to the
organization or group.
(e) Nothing in subsection (a) or (b) prevents an officer
or employee, including a special Government employee, from
acting, with or without compensation, as agent or attorney
for, or otherwise representing, his parents, spouse, child,
or any person for whom, or for any estate for which, he is
serving as guardian, executor, administrator, trustee, or
other personal fiduciary except--
(1) in those matters in which he has
participated personally and substantially as a
Government employee or special Government
employee through decision, approval,
disapproval, recommendation, the rendering of
advice, investigation, or otherwise, or
(2) in those matters which are the subject
of his official responsibility,
subject to approval by the Government official responsible
for appointment to his position.
(f) Nothing in subsection (a) or (b) prevents a special
Government employee from acting as agent or attorney for
another person in the
[[Page 873]]
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.)
1075 Sec. 207. Restrictions on former officers, employees, and
elected officials of the executive and legislative
branches.
(a) Restrictions on all officers and employees of the
executive branch and certain other agencies--
(1) Permanent restrictions on representation
on particular matters.--Any person who is an
officer or employee (including any special
Government employee) of the executive branch of
the United States (including any independent
agency of the United States), or of the District
of Columbia, and who, after the termination of
his or her service or employment with the United
States or the District of Columbia, knowingly
makes, with the intent to influence, any
communication to or appearance before any
officer or employee of any department, agency,
court, or court-martial of the United States or
the District of Columbia, on behalf of any other
person (except the United States or the District
of Columbia) in connection with a particular
matter--
(A) in which the United States or the
District of Columbia is a party or has a
direct and substantial interest,
(B) in which the person participated
personally and substantially as such officer
or employee, and
(C) which involved a specific party or
specific parties at the time of such
participation,
shall be punished as provided in section 216 of this
title.
[[Page 874]]
(2) Two-year restrictions concerning
particular matters under official
responsibility.--Any person subject to the
restrictions contained in paragraph (1) who,
within 2 years after the termination of his or
her service or employment with the United States
or the District of Columbia, knowingly makes,
with the intent to influence, any communication
to or appearance before any officer or employee
of any department, agency, court, or court-
martial of the United States or the District of
Columbia, on behalf of any other person (except
the United States or the District of Columbia),
in connection with a particular matter--
(A) in which the United States or the
District of Columbia is a party or has a
direct and substantial interest,
(B) which such person knows or
reasonably should know was actually pending
under his or her official responsibility as
such officer or employee within a period of
1 year before the termination of his or her
service or employment with the United States
or the District of Columbia, and
(C) which involved a specific party or
specific parties at the time it was so
pending,
shall be punished as provided in section 216 of this
title.
(3) Clarification of restrictions.--The
restrictions contained in paragraphs (1) and (2)
shall apply--
(A) in the case of an officer or
employee of the executive branch of the
United States (including any independent
agency), only with respect to communications
to or appearances before any officer or
employee of any department, agency, court,
or court-martial of the United States on
behalf of any other person (except the
United States), and only with respect to a
matter in which the United States is a party
or has a direct and substantial interest;
and
(B) in the case of an officer or
employee of the District of Columbia, only
with respect to communications to or
appearances before any officer or employee
of any department, agency or court of the
District of Columbia on behalf of any other
person (except the District of Columbia),
and only with respect to a matter in which
the District of Columbia is a party or has a
direct and substantial interest.
(b) One-year restrictions on aiding or advising--
(1) In general.--Any person who is a former
officer or employee of the executive branch of
the United States (including any independent
agency) and is subject to the restrictions
contained in subsection (a)(1), or any person
who is a former officer or employee of the
legislative branch or a former Member of
Congress, who personally and substantially
participated in any ongoing trade or treaty
negotiation on behalf of the United States
within the 1-year period preceding the date on
which his or her service or employment with the
United States terminated, and who had access to
information concerning such trade or treaty
negotiation which is exempt from disclosure
under section 552 of title 5, which is so
designated by the appropriate department or
agency, and which the person knew or should have
known was so designated, shall not, on the basis
of that information, knowingly represent, aid,
or advise any other person (except the United
States) concerning such ongoing
[[Page 875]]
trade or treaty negotiation for a period of 1
year after his or her service or employment with
the United States terminates. Any person who
violates this subsection shall be punished as
provided in section 216 of this title.
(2) Definition.--For purposes of this
paragraph--
(A) the term ``trade negotiation'' means
negotiations which the President determines
to undertake to enter into a trade agreement
pursuant to section 1102 of the Omnibus
Trade and Competitiveness Act of 1988, and
does not include any action taken before
that determination is made; and
(B) the term ``treaty'' means an
international agreement made by the
President that requires the advice and
consent of the Senate.
(c) One-year restrictions on certain senior personnel of
the executive branch and independent agencies--
(1) Restrictions.--In addition to the
restrictions set forth in subsections (a) and
(b), any person who is an officer or employee
(including any special Government employee) of
the executive branch of the United States
(including an independent agency), who is
referred to in paragraph (2), and who, within 1
year after the termination of his or her service
or employment as such officer or employee,
knowingly makes, with the intent to influence,
any communication to or appearance before any
officer or employee of the department or agency
in which such person served within 1 year before
such termination, on behalf of any other person
(except the United States), in connection with
any matter on which such person seeks official
action by any officer or employee of such
department or agency, shall be punished as
provided in section 216 of this title.
(2) Persons to whom restrictions apply--
(A) Paragraph (1) shall apply to a
person (other than a person subject to the
restrictions of subsection (d))--
(i) employed at a rate of pay
specified in or fixed according to
subchapter II of chapter 53 of title
5,
``(ii) employed in a position
which is not referred to in clause
(i) and for which that person is
paid at a rate of basic pay which is
equal to or greater than 86.5
percent of the rate of basic pay for
level II of the Executive Schedule,
or, for a period of 2 years
following the enactment of the
National Defense Authorization Act
for Fiscal Year 2004, a person who,
on the day prior to the enactment of
that Act, was employed in a position
which is not referred to in clause
(i) and for which the rate of basic
pay, exclusive of any locality-based
pay adjustment under section 5304 or
section 5304a of title 5, was equal
to or greater than the rate of basic
pay payable for level 5 of the
Senior Executive Service on the day
prior to the enactment of that
Act,''.
(iii) appointed by the President
to a position under section
105(a)(2)(B) of title 3 or by the
Vice President to a position under
section 106(a)(1)(B) of title 3, or
(iv) employed in a position
which is held by an active duty
commissioned officer of the
uniformed services who is serving in
a grade or rank for which the pay
grade (as
[[Page 876]]
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 appointment to a position
in the executive branch which is listed in
section 5312, 5313, 5314, 5315, or 5316 of
title 5.
[[Page 877]]
(e) Restrictions on Members of Congress and officers and
employees of the legislative branch--
(1) Members of Congress and elected officers
of the house--
(A) Senators.--Any person who is a
Senator and who, within 2 years after that
person leaves office, knowingly makes, with
the intent to influence, any communication
to or appearance before any Member, officer,
or employee of either House of Congress or
any employee of any other legislative office
of the Congress, on behalf of any other
person (except the United States) in
connection with any matter on which such
former Senator seeks action by a Member,
officer, or employee of either House of
Congress, in his or her official capacity,
shall be punished as provided in section 216
of this title.
(B) Members and officers of the House of
Representatives.--(i) Any person who is a
Member of the House of Representatives or an
elected officer of the House of
Representatives and who, within 1 year after
that person leaves office, knowingly makes,
with the intent to influence, any
communication to or appearance before any of
the persons described in clause (ii) or
(iii), on behalf of any other person (except
the United States) in connection with any
matter on which such former Member of
Congress or elected officer seeks action by
a Member, officer, or employee of either
House of Congress, in his or her official
capacity, shall be punished as provided in
section 216 of this title.
(ii) The persons referred to in clause
(i) with respect to appearances or
communications by a former Member of the
House of Representatives are any Member,
officer, or employee of either House of
Congress and any employee of any other
legislative office of the Congress.
(iii) The persons referred to in clause
(i) with respect to appearances or
communications by a former elected officer
are any Member, officer, or employee of the
House of Representatives.
(2) Officers and staff of the Senate.--Any
person who is an elected officer of the Senate,
or an employee of the Senate to whom paragraph
(7)(A) applies, and who, within 1 year after
that person leaves office or employment,
knowingly makes, with the intent to influence,
any communication to or appearance before any
Senator or any officer or employee of the
Senate, on behalf of any other person (except
the United States) in connection with any matter
on which such former elected officer or former
employee seeks action by a Senator or an officer
or employee of the Senate, in his or her
official capacity, shall be punished as provided
in section 216 of this title.
(3) Personal staff--
(A) Any person who is an employee of a
Member of the House of Representatives to
whom paragraph (7)(A) applies and who,
within 1 year after the termination of that
employment, knowingly makes, with the intent
to influence, any communication to or
appearance before any of the persons
described in subparagraph (B), on behalf of
any other person (except the United States)
in connection with any matter on which such
former employee seeks action by a Member,
officer, or employee of
[[Page 878]]
either House of Congress, in his or her
official capacity, shall be punished as
provided in section 216 of this title.
(B) The persons referred to in
subparagraph (A) with respect to appearances
or communications by a person who is a
former employee are the following:
(i) the Member of the House of
Representatives for whom that person
was an employee; and
(ii) any employee of that Member
of the House of Representatives.
(4) Committee staff.--Any person who is an
employee of a committee of the House of
Representatives, or an employee of a joint
committee of the Congress whose pay is disbursed
by the Clerk of the House of Representatives, to
whom paragraph (7)(A) applies and who, within 1
year after the termination of that person's
employment on such committee or joint committee
(as the case may be), knowingly makes, with the
intent to influence, any communication to or
appearance before any person who is a Member or
an employee of that committee or joint committee
(as the case may be) or who was a Member of the
committee or joint committee (as the case may
be) in the year immediately prior to the
termination of such person's employment by the
committee or joint committee (as the case may
be), on behalf of any other person (except the
United States) in connection with any matter on
which such former employee seeks action by a
Member, officer, or employee of either House of
Congress, in his or her official capacity, shall
be punished as provided in section 216 of this
title.
(5) Leadership staff.--(A) Any person who is
an employee on the leadership staff of the House
of Representatives to whom paragraph (7)(A)
applies and who, within 1 year after the
termination of that person's employment on such
staff, knowingly makes, with the intent to
influence, any communication to or appearance
before any of the persons described in
subparagraph (B), on behalf of any other person
(except the United States) in connection with
any matter on which such former employee seeks
action by a Member, officer, or employee of
either House of Congress, in his or her official
capacity, shall be punished as provided in
section 216 of this title.
(B) The persons referred to in subparagraph
(A) with respect to appearances or
communications by a former employee are any
Member of the leadership of the House of
Representatives and any employee on the
leadership staff of the House of
Representatives.
(6) Other legislative offices.--(A) Any
person who is an employee of any other
legislative office of the Congress to whom
paragraph (7)(B) applies and who, within 1 year
after the termination of that person's
employment in such office, knowingly makes, with
the intent to influence, any communication to or
appearance before any of the persons described
in subparagraph (B), on behalf of any other
person (except the United States) in connection
with any matter on which such former employee
seeks action by any officer or employee of such
office, in his or her official capacity, shall
be punished as provided in section 216 of this
title.
(B) The persons referred to in subparagraph
(A) with respect to appearances or
communications by a former employee are the em
[[Page 879]]
ployees and officers of the former legislative
office of the Congress of the former employee.
(7) Limitation on restrictions.--(A) The
restrictions contained in paragraphs (2), (3),
(4), and (5) apply only to acts by a former
employee who, for at least 60 days, in the
aggregate, during the 1-year period before that
former employee's service as such employee
terminated, was paid a rate of basic pay equal
to or greater than an amount which is 75 percent
of the basic rate of pay payable for a Member of
the House of Congress in which such employee was
employed.
(B) The restrictions contained in paragraph
(6) apply only to acts by a former employee who,
for at least 60 days, in the aggregate, during
the 1-year period before that former employee's
service as such employee terminated, was
employed in a position for which the rate of
basic pay, exclusive of any locality-based pay
adjustment under section 5302 of title 5, is
equal to or greater than the basic rate of pay
payable for level IV of the Executive Schedule.
(8) Exception.--This subsection shall not
apply to contacts with the staff of the
Secretary of the Senate or the Clerk of the
House of Representatives regarding compliance
with lobbying disclosure requirements under the
Lobbying Disclosure Act of 1995.
(9) Definitions.--As used in this
subsection--
(A) the term ``committee of Congress''
includes standing committees, joint
committees, and select committees;
(B) a person is an employee of a House
of Congress if that person is an employee of
the Senate or an employee of the House of
Representatives;
(C) the term ``employee of the House of
Representatives'' means an employee of a
Member of the House of Representatives, an
employee of a committee of the House of
Representatives, an employee of a joint
committee of the Congress whose pay is
disbursed by the Clerk of the House of
Representatives, and an employee on the
leadership staff of the House of
Representatives;
(D) the term ``employee of the Senate''
means an employee of a Senator, an employee
of a committee of the Senate, an employee of
a joint committee of the Congress whose pay
is disbursed by the Secretary of the Senate,
and an employee on the leadership staff of
the Senate;
(E) a person is an employee of a Member
of the House of Representatives if that
person is an employee of a Member of the
House of Representatives under the clerk
hire allowance;
(F) a person is an employee of a Senator
if that person is an employee in a position
in the office of a Senator;
(G) the term ``employee of any other
legislative office of the Congress'' means
an officer or employee of the Architect of
the Capitol, the United States Botanic
Garden, the Government Accountability
Office, the Government Printing Office, the
Library of Congress, the Office of
Technology Assessment, the Congressional
Budget Office, the United States Capitol
Police, and any other agency, entity, or
office in the legislative branch not covered
by paragraph (1), (2), (3), (4), or (5) of
this subsection;
[[Page 880]]
(H) the term ``employee on the
leadership staff of the House of
Representatives'' means an employee of the
office of a Member of the leadership of the
House of Representatives described in
subparagraph (L), and any elected minority
employee of the House of Representatives;
(I) the term ``employee on the
leadership staff of the Senate'' means an
employee of the office of a Member of the
leadership of the Senate described in
subparagraph (M);
(J) the term ``Member of Congress''
means a Senator or a Member of the House of
Representatives;
(K) the term ``Member of the House of
Representatives'' means a Representative in,
or a Delegate or Resident Commissioner to,
the Congress;
(L) the term ``Member of the leadership
of the House of Representatives'' means the
Speaker, majority leader, minority leader,
majority whip, minority whip, chief deputy
majority whip, chief deputy minority whip,
chairman of the Democratic Steering
Committee, chairman and vice chairman of the
Democratic Caucus, chairman, vice chairman,
and secretary of the Republican Conference,
chairman of the Republican Research
Committee, and chairman of the Republican
Policy Committee, of the House of
Representatives (or any similar position
created on or after the effective date set
forth in section 102(a) of the Ethics Reform
Act of 1989);
(M) the term ``Member of the leadership
of the Senate'' means the Vice President,
and the President pro tempore, Deputy
President pro tempore, majority leader,
minority leader, majority whip, minority
whip, chairman and secretary of the
Conference of the Majority, chairman and
secretary of the Conference of the Minority,
chairman and co-chairman of the Majority
Policy Committee, and chairman of the
Minority Policy Committee, of the Senate (or
any similar position created on or after the
effective date set forth in section 102(a)
of the Ethics Reform Act of 1989).
(f) Restrictions relating to foreign entities--
(1) Restrictions.--Any person who is subject
to the restrictions contained in subsection (c),
(d), or (e) and who knowingly, within 1 year
after leaving the position, office, or
employment referred to in such subsection--
(A) represents a foreign entity before
any officer or employee of any department or
agency of the United States with the intent
to influence a decision of such officer or
employee in carrying out his or her official
duties, or
(B) aids or advises a foreign entity
with the intent to influence a decision of
any officer or employee of any department or
agency of the United States, in carrying out
his or her official duties,
shall be punished as provided in section 216 of this
title.
(2) Special rule for Trade Representative.--
With respect to a person who is the United
States Trade Representative or Deputy United
States Trade Representative, the restrictions
described in paragraph (1) shall apply to
representing, aiding, or advising foreign
entities at any time after the termination of
that person's service as the United States Trade
Representative.
[[Page 881]]
(3) Definition.--For purposes of this
subsection, the term ``foreign entity'' means
the government of a foreign country as defined
in section 1(e) of the Foreign Agents
Registration Act of 1938, as amended, or a
foreign political party as defined in section
1(f) of that Act.
(g) Special rules for detailees.--For purposes of this
section, a person who is detailed from one department,
agency, or other entity to another department, agency, or
other entity shall, during the period such person is
detailed, be deemed to be an officer or employee of both
departments, agencies, or such entities.
(h) Designations of separate statutory agencies and
bureaus--
(1) Designations.--For purposes of
subsection (c) and except as provided in
paragraph (2), whenever the Director of the
Office of Government Ethics determines that an
agency or bureau within a department or agency
in the executive branch exercises functions
which are distinct and separate from the
remaining functions of the department or agency
and that there exists no potential for use of
undue influence or unfair advantage based on
past Government service, the Director shall by
rule designate such agency or bureau as a
separate department or agency. On an annual
basis, the Director of the Office of Government
Ethics shall review the designations and
determinations made under this subparagraph and,
in consultation with the department or agency
concerned, make such additions and deletions as
are necessary. Departments and agencies shall
cooperate to the fullest extent with the
Director of the Office of Government Ethics in
the exercise of his or her responsibilities
under this paragraph.
(2) Inapplicability of designations.--No
agency or bureau within the Executive Office
of the President may be designated under
paragraph (1) as a separate department or
agency. No designation under paragraph (1)
shall apply to persons referred to in
subsection (c)(2)(A)(i) or (iii).
(i) Definitions.--For purposes of this section--
(1) the term ``officer or employee'', when
used to describe the person to whom a
communication is made or before whom an
appearance is made, with the intent to
influence, shall include--
(A) in subsection (a), (c), and (d), the
President and the Vice President; and
(B) in subsection (f), the President,
the Vice President, and Members of Congress;
(2) the term ``participated'' means an
action taken as an officer or employee through
decision, approval, disapproval recommendation,
the rendering of advice, investigation, or other
such action; and
(3) the term ``particular matter'' includes
any investigation, application, request for a
ruling or determination, rulemaking, contract,
controversy, claim, charge, accusation, arrest,
or judicial or other proceeding.
(j) Exceptions--
(1) Official government duties--
(A) In General.--The restrictions
contained in this section shall not apply to
acts done in carrying out official duties on
[[Page 882]]
behalf of the United States or the District
of Columbia or as an elected official of a
State or local government.
(B) Tribal organizations and inter-
tribal consortiums.--The restrictions
contained in this section shall not apply to
acts authorized by section 104(j) of the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450i(j)).
(2) State and local governments and
institutions, hospitals, and organizations.--The
restrictions contained in subsections (c), (d),
and (e) shall not apply to acts done in carrying
out official duties as an employee of--
(A) an agency or instrumentality of a
State or local government if the appearance,
communication, or representation is on
behalf of such government, or
(B) an accredited, degree-granting
institution of higher education, as defined
in section 101 of the Higher Education Act
of 1965 [20 U.S.C.A. Sec. 1001], or a
hospital or medical research organization,
exempted and defined under section 501(c)(3)
of the Internal Revenue Code of 1986 [26
U.S.C.A. Sec. 501(c)(3)], if the appearance,
communication, or representation is on
behalf of such institution, hospital, or
organization.
(3) International organizations.--The
restrictions contained in this section shall not
apply to an appearance or communication on
behalf of, or advice or aid to, an international
organization in which the United States
participates, if the Secretary of State
certifies in advance that such activity is in
the interests of the United States.
(4) Special knowledge.--The restrictions
contained in subsections (c), (d), and (e) shall
not prevent an individual from making or
providing a statement, which is based on the
individual's own special knowledge in the
particular area that is the subject of the
statement, if no compensation is thereby
received.
(5) Exception for scientific or
technological information.--The restrictions
contained in subsections (a), (c), and (d) shall
not apply with respect to the making of
communications solely for the purpose of
furnishing scientific or technological
information, if such communications are made
under procedures acceptable to the department or
agency concerned or if the head of the
department or agency concerned with the
particular matter, in consultation with the
Director of the Office of Government Ethics,
makes a certification, published in the Federal
Register, that the former officer or employee
has outstanding qualifications in a scientific,
technological, or other technical discipline,
and is acting with respect to a particular
matter which requires such qualifications, and
that the national interest would be served by
the participation of the former officer or
employee. For purposes of this paragraph, the
term ``officer or employee'' includes the Vice
President.
(6) Exception for testimony.--Nothing in
this section shall prevent an individual from
giving testimony under oath, or from making
statements required to be made under penalty of
perjury. Notwithstanding the preceding
sentence--
(A) a former officer or employee of the
executive branch of the United States
(including any independent agency) who is
subject to the restrictions contained in
subsection (a)(1) with respect to a
particular matter may not, except pursuant
to court
[[Page 883]]
order, serve as an expert witness or any
other person (except the United States) in
that matter; and
(B) a former officer or employee of the
District of Columbia who is subject to the
restrictions contained in subsection (a)(1)
with respect to a particular matter may not,
except pursuant to court order, serve as an
expert witness for any other person (except
the District of Columbia) in that matter.
(7) Political parties and campaign
committees--
(A) Except as provided in subparagraph
(B), the restrictions contained in
subsections (c), (d), and (e) shall not
apply to a communication or appearance made
solely on behalf of a candidate in his or
her capacity as a candidate, an authorized
committee, a national committee, a national
Federal campaign committee, a State
committee, or a political party.
(B) Subparagraph (A) shall not apply
to--
(i) any communication to, or
appearance before, the Federal
Election Commission by a former
officer or employee of the Federal
Election Commission; or
(ii) a communication or
appearance made by a person who is
subject to the restrictions
contained in subsections\1\ (c),
(d), or (e) if, at the time of the
communication or appearance, the
person is employed by a person or
entity other than--
\1\So in original. Probably should be ``subsection''.
(I) a candidate, an
authorized committee, a
national committee, a
national Federal campaign
committee, a State
committee, or a political
party; or
(II) a person or entity
who represents, aids, or
advises only persons or
entities described in
subclause (I).
(C) For purposes of this paragraph--
(i) the term ``candidate'' means
any person who seeks nomination for
election, or election, to Federal or
State office or who has authorized
others to explore on his or her
behalf the possibility of seeking
nomination for election, or
election, to Federal or State
office;
(ii) the term ``authorized
committee'' means any political
committee designated in writing by a
candidate as authorized to receive
contributions or make expenditures
to promote the nomination for
election, or the election, of such
candidate, or to explore the
possibility of seeking nomination
for election, or the election of
such, candidate except that a
political committee that receives
contributions or makes expenditures
to promote more than 1 candidate may
not be designated as an authorized
committee for purposes of
subparagraph (A);
(iii) the term ``national
committee'' means the organization
which, by virtue of the bylaws of a
political party, is responsible for
the day-to-day operation of such
political party at the national
level;
(iv) the term ``national Federal
campaign committee'' means an
organization that, by virtue of the
bylaws of a political party, is
established primarily for the
purpose of providing assistance, at
the national level, to candidates
[[Page 884]]
nominated by that party for election
to the office of Senator or
Representative in, or Delegate or
Resident Commissioner to, the
Congress;
(v) the term ``State committee''
means the organization which, by
virtue of the bylaws of a political
party, is responsible for the day-
to-day operation of such political
party at the State level;
(vi) the term ``political
party'' means an association,
committee, or organization that
nominates a candidate for election
to any Federal or State elected
office whose name appears on the
election ballot as the candidate of
such association, committee, or
organization; and
(vii) the term ``State'' means a
State of the United States, the
District of Columbia, the
Commonwealth of Puerto Rico, and any
territory or possession of the
United States.
(k)(1)(A) The President may grant a waiver of a
restriction imposed by this section to any officer or
employee described in paragraph (2) if the President
determines and certifies in writing that it is in the public
interest to grant the waiver and that the services of the
officer or employee are critically needed for the benefit of
the Federal Government. Not more than 25 officers and
employees currently employed by the Federal Government at
any one time may have been granted waivers under this
paragraph.
(B)(i) A waiver granted under this paragraph to any
person shall apply only with respect to activities engaged
in by that person after that person's Federal Government
employment is terminated and only to that person's
employment at a Government-owned, contractor operated entity
with which the person served as an officer or employee
immediately before the person's Federal Government
employment began.
(ii) Notwithstanding clause (i), a waiver granted under
this paragraph to any person who was an officer or employee
of Lawrence Livermore National Laboratory, Los Alamos
National Laboratory, or Sandia National Laboratory
immediately before the person's Federal Government
employment began shall apply to that person's employment by
any such national laboratory after the person's employment
by the Federal Government is terminated.
(2) Waivers under paragraph (1) may be granted only to
civilian officers and employees of the executive branch,
other than officers and employees in the Executive Office of
the President.
(3) A certification under paragraph (1) shall take
effect upon its publication in the Federal Register and
shall identify--
(A) the officer or employee covered by the
waiver by name and by position, and
(B) the reasons for granting the waiver.
A copy of the certification shall also
be provided to the Director of the Office of
Government Ethics.
(4) The President may not delegate the authority
provided by this subsection.
(5)(A) Each person granted a waiver under this
subsection shall prepare reports, in accordance with
subparagraph (B), stating whether the person has engaged in
activities otherwise prohibited by this section for each
six-month period described in subparagraph (B), and if so,
what those activities were.
[[Page 885]]
(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.)
1076 Sec. 210. Offer to procure appointive public office.
Whoever pays or offers or promises any money or thing of
value, to any person, firm, or corporation in consideration
of the use or promise to use any influence to procure any
appointive office or place under the United States for any
person, shall be fined under this title or imprisoned not
more than one year, or both. (June 25, 1948, ch. 645,
Sec. 1, 62 Stat. 694; Oct. 23, 1962, Pub.L. 87-849,
Sec. 1(b), 76 Stat. 1125; Sept. 13, 1994, Pub.L. 103-322,
Sec. 330016 (1)(H), 108 Stat. 2147.)
[[Page 886]]
1077 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.)
1078 Sec. 219. Officers and employees acting as agents of foreign
principals.
(a) Whoever, being a public official, is or acts as an
agent of a foreign principal required to register under the
Foreign Agents Registration Act of 1938 or a lobbyist
required to register under the Lobbying Disclosure Act of
1995 in connection with the representation of a foreign
entity, as defined in section 3(6) of that Act shall be
fined under this title or imprisoned for not more than two
years, or both.
(b) Nothing in this section shall apply to the
employment of any agent of a foreign principal as a special
Government employee in any case in which the head of the
employing agency certifies that such employment is required
in the national interest. A copy of any certification under
this paragraph shall be forwarded by the head of such agency
to the Attorney General who shall cause the same to be filed
with the registration statement and other documents filed by
such agent, and made available for public inspection in
accordance with section 6 of the Foreign Agents Registration
Act of 1938, as amended.
(c) For the purpose of this section ``public official''
means Member of Congress, Delegate, or Resident
Commissioner, either before or after he has qualified, or an
officer or employee or person acting for or on behalf of the
United States, or any department, agency, or branch of
Government thereof, including the District of Columbia, in
any official function, under or by authority of any such
department, agency, or branch of Government.
(Added Pub.L. 89-486, Sec. 8(b), July 4, 1966, 80 Stat. 249,
and amended Pub.L. 98-473, Title II, Sec. 1116, Oct. 12,
1984, 98 Stat. 2149; Pub.L. 99-646, Sec. 30, Nov. 10, 1986,
100 Stat. 3598; Pub.L. 101-647, Title XXXV, Sec. 3511, Nov.
29, 1990, 104 Stat. 4922; Pub.L. 104-65, Sec. 12(b), Dec.
19, 1995, 109 Stat. 701.)
[[Page 887]]
Chapter 18.--CONGRESSIONAL, CABINET, AND SUPREME COURT
ASSASSINATION, KIDNAPPING, AND ASSAULT
1079 Sec. 351. Congressional, Cabinet, and Supreme Court
assassination, kidnapping, and assault; penalties.
(a) Whoever kills any individual who is a Member of
Congress or a Member-of-Congress-elect, a member of the
executive branch of the Government who is the head, or a
person nominated to be head during the pendency of such
nomination, of a department listed in section 101 of title 5
or the second ranking official in such department, the
Director (or a person nominated to be Director during the
pendency of such nomination) or Deputy Director of Central
Intelligence, a major Presidential or Vice Presidential
candidate (as defined in section 3056 of this title), or a
Justice of the United States, as defined in section 451 of
title 28, or a person nominated to be a Justice of the
United States, during the pendency of such nomination, shall
be punished as provided by sections 1111 and 1112 of this
title.
(b) Whoever kidnaps any individual designated in
subsection (a) of this section shall be punished (1) by
imprisonment for any term of years or for life, or (2) by
death or imprisonment for any term of years or for life, if
death results to such individual.
(c) Whoever attempts to kill or kidnap any individual
designated in subsection (a) of this section shall be
punished by imprisonment for any term of years or for life.
(d) If two or more persons conspire to kill or kidnap
any individual designated in subsection (a) of this section
and one or more of such persons do any act to effect the
object of the conspiracy, each shall be punished (1) by
imprisonment for any term of years or for life, or (2) by
death or imprisonment for any term of years or for life, if
death results to such individual.
(e) Whoever assaults any person designated in subsection
(a) of this section shall be fined under this title, or
imprisoned not more than one year, or both; and if the
assault involved the use of a dangerous weapon, or personal
injury results, shall be fined under this title, or
imprisoned not more than ten years, or both.
(f) If Federal investigative or prosecutive jurisdiction
is asserted for a violation of this section, such assertion
shall suspend the exercise of jurisdiction by a State or
local authority, under any applicable State or local law,
until Federal action is terminated.
(g) Violations of this section shall be investigated by
the Federal Bureau of Investigation. Assistance may be
requested from any Federal, State, or local agency,
including the Army, Navy, and Air Force, any statute, rule,
or regulation to the contrary notwithstanding.
(h) In a prosecution for an offense under this section
the Government need not prove that the defendant knew that
the victim of the offense was an individual protected by
this section.
(i) There is extraterritorial jurisdiction over the
conduct prohibited by this section. (Added Pub.L. 91-644,
Title IV, Sec. 15, Jan. 2, 1971, 84 Stat. 1891, and amended
Pub.L. 97-285, Sec. Sec. 1, 2(a), Oct. 6, 1982, 96 Stat.
1219; Pub.L. 99-646, Sec. 62, Nov. 10, 1986, 100 Stat. 3614;
Pub.L. 100-690, Title VII, Sec. 7074, Nov. 18, 1988, 102
Stat. 4405; Pub.L. 103-322, Title XXXII, Sec. 320101(d),
Title XXXIII, Sec. Sec. 330016(1)(K), (L),
[[Page 888]]
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
1080 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.)
1081 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.)
1082 Sec. 433. Exemptions with respect to certain contracts.
Sections 431 and 432 of this title shall not extend to
any contract or agreement made or entered into, or accepted
by any incorporated company for the general benefit of such
corporation; nor to the purchase or sale of bills of
exchange or other property where the same are ready for
delivery and payment therefor is made at the time of making
or entering into the contract or agreement. Nor shall the
provisions of such section apply to advances, loans,
discounts, purchase or repurchase agreements extensions, or
renewals thereof, or acceptances, releases or substitutions
of security therefor or other contracts or agreements made
or entered into under the Reconstruction Finance Corporation
Act, the Agricultural Adjustment Act, the Federal Farm Loan
Act, the Emergency Farm Mortgage Act of 1933, the Farm
Credit Act of 1933, or the Home Owners Loan Act of 1933, the
Farmers' Home Administration Act of 1946, the Bankhead-Jones
Farm Tenant Act, or to crop insurance agreements or
contracts or agreements of a kind which the Secretary of
Agriculture may enter into with farmers.
[[Page 889]]
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
1083 Sec. 591. Repealed (Pub.L. 96-187, title II, Sec. 201(a)(1),
Jan. 8, 1980, 93 Stat. 1367).
1084 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.)
1085 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.)
1086 Sec. 597. Expenditures to influence voting.
Whoever makes or offers to make an expenditure to any
person, either to vote or withhold his vote, or to vote for
or against any candidate; and
[[Page 890]]
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.)
1087 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.)
1088 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.)
1089 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.)
1090 Sec. 601. Deprivation of employment or other benefit for
political contribution.
(a) Whoever, directly or indirectly, knowingly causes or
attempts to cause any person to make a contribution of a
thing of value (including services) for the benefit of any
candidate or any political party, by means of the denial or
deprivation, or the threat of the denial or deprivation,
of--
(1) any employment, position, or work in or
for any agency or other entity of the Government
of the United States, a State, or
[[Page 891]]
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.)
1091 Sec. 602. Solicitation of political contributions.
(a) It shall be unlawful for--
(1) a candidate for the Congress;
(2) an individual elected to or serving in
the office of Senator or Representative in, or
Delegate or Resident Commissioner to, the
Congress;
(3) an officer or employee of the United
States or any department or agency thereof; or
(4) a person receiving any salary or
compensation for services from money derived
from the Treasury of the United States; to
knowingly solicit any contribution within the
meaning of section 301(8) of the Federal
Election Campaign Act of 1971 from any other
such officer, employee, or person. Any person
who violates this section shall be fined under
this title or imprisoned not more than 3 years,
or both.
(b) The prohibition in subsection (a) shall not apply to
any activity of an employee (as defined in section 7322(1)
of title 5) or any individual employed in or under the
United States Postal Service or the Postal Regulatory
Commission, unless that activity is prohibited by section
7323 or 7324 of such title. (June 25, 1948, ch. 645, 62
Stat. 722; Jan.
[[Page 892]]
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.)
1092 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.)
1093 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.)
1094 Sec. 605. Disclosure of names of persons on relief.
Whoever, for political purposes, furnishes or discloses
any list of names of persons receiving compensation,
employment or benefits provided for or made possible by any
Act of Congress appropriating, or authorizing the
appropriation of funds for work relief or relief purposes,
to a political candidate, committee, campaign manager, or to
any person for delivery to a political candidate, committee,
or campaign manager; and
Whoever receives any such list or names for political
purposes--
Shall be fined under this title or imprisoned not more
than one year, or both. (June 25, 1948, ch. 645, 62 Stat.
722, Pub.L. 103-322, Sec. 330016(1)(H), Sept. 13, 1994, 108
Stat. 2147.)
[[Page 893]]
1095 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.)
1096 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
1097 Sec. 713. Use of likenesses of the great seal of the United
States, the seals of the President and Vice President,
the seal of the United States Senate, the seal of the
United States House of Representatives, and the seal of
the United States Congress.
(a) Whoever knowingly displays any printed or other
likeness of the great seal of the United States, or of the
seals of the President or the Vice President of the United
States, or the seal of the United States Senate, or the seal
of the United States House of Representatives, or the seal
of the United States Congress, or any facsimile thereof, in,
or in connection with, any advertisement, poster, circular,
book, pamphlet, or other publication, public meeting, play,
motion picture, telecast,
[[Page 894]]
or other production, or on any building, monument, or
stationery, for the purpose of conveying, or in a manner
reasonably calculated to convey, a false impression of
sponsorship or approval by the Government of the United
States or by any department, agency, or instrumentality
thereof, shall be fined under this title or imprisoned not
more than six months, or both.
(b) Whoever, except as authorized under regulations
promulgated by the President and published in the Federal
Register, knowingly manufactures, reproduces, sells, or
purchases for resale, either separately or appended to any
article manufactured or sold, any likeness of the seals of
the President or Vice President, or any substantial part
thereof, except for manufacture or sale of the article for
the official use of the Government of the United States,
shall be fined under this title or imprisoned not more than
six months, or both.
(c) Whoever, except as directed by the United States
Senate, or the Secretary of the Senate on its behalf,
knowingly uses, manufactures, reproduces, sells or purchases
for resale, either separately or appended to any article
manufactured or sold, any likeness of the seal of the United
States Senate, or any substantial part thereof, except for
manufacture or sale of the article for the official use of
the Government of the United States, shall be fined under
this title or imprisoned not more than six months, or both.
(d) Whoever, except as directed by the United States
House of Representatives, or the Clerk of the House of
Representatives on its behalf, knowingly uses, manufactures,
reproduces, sells or purchases for resale, either separately
or appended to any article manufactured or sold, any
likeness of the seal of the United States House of
Representatives, or any substantial part thereof, except for
manufacture or sale of the article for the official use of
the Government of the United States, shall be fined under
this title or imprisoned not more than six months, or both.
(e) Whoever, except as directed by the United States
Congress, or the Secretary of the Senate and the Clerk of
the House of Representatives, acting jointly on its behalf,
knowingly uses, manufactures, reproduces, sells or purchases
for resale, either separately or appended to any article
manufactured or sold, any likeness of the seal of the United
States Congress, or any substantial part thereof, except for
manufacture or sale of the article for the official use of
the Government of the United States, shall be fined under
this title or imprisoned not more than six months, or both.
(f) A violation of the provisions of this section may be
enjoined at the suit of the Attorney General,
(1) in the case of the great seal of the
United States and the seals of the President and
Vice President, upon complaint by any authorized
representative of any department or agency of
the United States;
(2) in the case of the seal of the United
States Senate, upon complaint by the Secretary
of the Senate;
(3) in the case of the seal of the United
States House of Representatives, upon complaint
by the Clerk of the House of Representatives;
and
(4) in the case of the seal of the United
States Congress, upon complaint by the Secretary
of the Senate and the Clerk of the House of
Representatives, acting jointly. (Added Pub.L.
89-807,
[[Page 895]]
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
1098 Sec. 798. Disclosure of classified information.
(a) Whoever knowingly and willfully communicates,
furnishes, transmits, or otherwise makes available to an
unauthorized person, or publishes, or uses in any manner
prejudicial to the safety or interest of the United States
or for the benefit of any foreign government to the
detriment of the United States any classified information--
(1) concerning the nature, preparation, or
use of any code, cipher, or cryptographic system
of the United States or any foreign government;
or
(2) concerning the design, construction,
use, maintenance, or repair of any device,
apparatus, or appliance used or prepared or
planned for use by the United States or any
foreign government for cryptographic or
communication intelligence purposes; or
(3) concerning the communication
intelligence activities of the United States or
any foreign government; or
(4) obtained by the processes of
communication intelligence from the
communications of any foreign government,
knowing the same to have been obtained by such
processes--
Shall be fined under this title or
imprisoned not more than ten years, or both.
(b) As used in subsection (a) of this section--
The term ``classified information'' means
information which, at the time of a violation of
this section, is, for reasons of national
security, specifically designated by a United
States Government Agency for limited or
restricted dissemination or distribution;
The terms ``code,'' ``cipher,'' and
``cryptographic system'' include in their
meanings, in addition to their usual meanings,
any method of secret writing and any mechanical
or electrical device or method used for the
purpose of disguising or concealing the
contents, significance, or meanings of
communications;
The term ``foreign government'' includes in
its meaning any person or persons acting or
purporting to act for or on behalf of any
faction, party, department, agency, bureau, or
military force of or within a foreign country,
or for or on behalf of any government or any
person or persons purporting to act as a
government within a foreign country, whether or
not such government is recognized by the United
States;
The term ``communication intelligence''
means all procedures and methods used in the
interception of communications and the obtaining
of information from such communications by other
than the intended recipients;
The term ``unauthorized person'' means any
person who, or agency which, is not authorized
to receive information of the categories set
forth in subsection (a) of this section, by the
President, or by the head of a department of
agency of the United States Government
[[Page 896]]
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
1099 Sec. 1505. Obstruction of proceedings before departments,
agencies, and committees.
Whoever, with intent to avoid, evade, prevent, or
obstruct compliance, in whole or in part, with any civil
investigative demand duly and properly made under the
Antitrust Civil Process Act, willfully withholds,
misrepresents, removes from any place, conceals, covers up,
destroys, mutilates, alters, or by other means falsifies any
documentary material, answers to written interrogatories, or
oral testimony, which is the subject of such demand; or
attempts to do so or solicits another to do so; or
Whoever corruptly, or by threats or force, or by any
threatening letter or communication influences, obstructs,
or impedes or endeavors to influence, obstruct, or impede
the due and proper administration of the
[[Page 897]]
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
1100 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
1101 Sec. 1906. Disclosure of information from a bank examination
report.
Whoever, being an examiner, public or private, or a
Government Accountability Office employee with access to
bank examination report information under section 714 of
title 31, discloses the names of borrowers or the collateral
for loans of any member bank of the Federal Reserve System,
any bank insured by the Federal Deposit Insurance
Corporation, any branch or agency of a foreign bank (as such
terms are defined in paragraphs (1) and (3) of section 1(b)
of the International Banking Act of 1978), or any
organization operating under section 25 or section 25(a) of
the Federal Reserve Act, examined by him or subject to
Government Accountability Office audit under section 714 of
title 31 to other than the proper officers of such bank,
branch, agency, or organization, without first having
obtained the express permission in writing from the
Comptroller of the Currency as to a national bank or a
Federal branch or Federal agency (as such terms are defined
in paragraphs (5) and (6) of section 1(b) of the
International Banking Act of 1978), the Board of Governors
of the Federal Reserve System as to a State member bank, an
uninsured State branch or State agency (as such terms are
defined in paragraphs (11) and (12) of section 1(b) of the
International Banking Act of 1978), or an organization
operating under section 25 or section 25(a) of the Federal
Reserve Act, or the Federal Deposit Insurance Corporation as
to any other insured bank, including any insured branch (as
defined in section 3(s) of the Federal Deposit Insurance
Act), or from the board of directors of such bank or
organization, except when ordered to do so by a court of
competent jurisdiction, or by direction of the Congress of
the United States, or either House thereof, or any committee
of Congress or either House
[[Page 898]]
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.)
1102 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.)
1103 Sec. 1918. Disloyalty and asserting the right to strike
against the Government.
Whoever violates the provision of section 7311 of title
5 that an individual may not accept or hold a position in
the Government of the United States or the government of the
District of Columbia if he--
(1) advocates the overthrow of our
constitutional form of government;
(2) is a member of an organization that he
knows advocates the overthrow of our
constitutional form of government;
(3) participates in a strike, or asserts the
right to strike, against the Government of the
United States or the government of the District
of Columbia; or
(4) is a member of an organization of
employees of the Government of the United States
or of individuals employed by the government of
the District of Columbia that he knows asserts
the right to strike against the Government of
the United States or the government of the
District of Columbia;
shall be fined under this title or imprisoned not more than
one year and a day, or both. (Added Pub.L. 89-554,
Sec. 3(d), Sept. 6, 1966, 80 Stat. 609, and amended Pub.L.
104-294, Title VI, Sec. 601(a)(8), Oct. 11, 1996, 110 Stat.
3498.)
[[Page 899]]
Part V.--IMMUNITY OF WITNESSES
1104 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.)
1105 Sec. 6002. Immunity generally.
Whenever a witness refuses, on the basis of his
privilege against self-incrimination, to testify or provide
other information in a proceeding before or ancillary to--
(1) a court or grand jury of the United
States,
(2) an agency of the United States, or
(3) either House of Congress, a joint
committee of the two Houses, or a committee or a
subcommittee of either House,
[[Page 900]]
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.)
1106 Sec. 6005. Congressional proceedings.
(a) In the case of any individual who has been or may be
called to testify or provide other information at any
proceeding before or ancillary to either House of Congress,
or any committee, or any subcommittee of either House, or
any joint committee of the two Houses, a United States
district court shall issue, in accordance with subsection
(b) of this section, upon the request of a duly authorized
representative of the House of Congress or the committee
concerned, an order requiring such individual to give
testimony or provide other information which he refuses to
give or provide on the basis of his privilege against self-
incrimination, such order to become effective as provided in
section 6002 of this title.
(b) Before issuing an order under subsection (a) of this
section, a United States district court shall find that--
(1) in the case of a proceeding before or
ancillary to either Houses of Congress, the
request for such an order has been approved by
an affirmative vote of a majority of the Members
present of that House;
(2) in the case of a proceeding before or
ancillary to a committee or a subcommittee of
either House of Congress or a joint committee of
both Houses, the request for such an order has
been approved by an affirmative vote of two-
thirds of the members of the full committee; and
(3) ten days or more prior to the day on
which the request for such an order was made,
the Attorney General was served with notice of
an intention to request the order.
(c) Upon application of the Attorney General, the United
States district court shall defer the issuance of any order
under subsection (a) of this section for such period, not
longer than twenty days from the date of the request for
such order, as the Attorney General may specify.
(Added Pub.L. 91-452, Title II, Sec. 201(a), Oct. 15, 1970,
84 Stat. 928, and amended Pub.L. 103-322, Title XXXIII,
Sec. 330013(4), Sept. 13, 1994, 108 Stat. 2146; Pub.L. 104-
292, Sec. 5, Oct. 11, 1996, 110 Stat. 3460; Pub.L. 104-294,
Title VI, Sec. 605(o), Oct. 11, 1996, 110 Stat. 3510.)
19 u.s.c.--customs duties
general and permanent laws relating to the senate
[[Page 901]]
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
1110 Sec. 2191. Bills implementing trade agreements on nontariff
barriers and resolutions approving commercial agreements
with Communist countries.
(a) Rules of House of Representatives and Senate
This section and sections 2192 and 2193 of this title
are enacted by the Congress--
(1) as an exercise of the rulemaking power
of the House of Representatives and the Senate,
respectively, and as such they are deemed a part
of the rules of each House, respectively, but
applicable only with respect to the procedure to
be followed in that House in the case of
implementing bills described in subsection
(b)(1) of this section, implementing revenue
bills described in subsection (b)(2) of this
section, approval resolutions described in
subsection (b)(3) of this section, and
resolutions described in sections 2192(a) and
2193(a) of this title; and they supersede other
rules only to the extent that they are
inconsistent therewith; and
(2) with full recognition of the
constitutional right of either House to change
the rules (so far as relating to the procedure
of that House) at any time, in the same manner
and to the same extent as in the case of any
other rule of that House.
(b) Definitions
For purposes of this section--
(1) The term ``implementing bill'' means
only a bill of either House of Congress which is
introduced as provided in subsection (c) of this
section with respect to one or more trade
agreements, or with respect to an extension
described in section 3572(c)(3) of this title,
submitted to the House of Representatives and
the Senate under section 2112, section 3572 of
this title, or section 3805 (a)(1) of this
title, and which contains--
(A) a provision approving such trade
agreement or agreements or such extension,
(B) a provision approving the statement
of administrative action (if any) proposed
to implement such trade agreement or
agreements, and
[[Page 902]]
(C) if changes in existing laws or new
statutory authority is required to implement
such trade agreement or agreements or such
extension, provisions, necessary or
appropriate to implement such trade
agreement or agreements or such extension,
either repealing or amending existing laws
or providing new statutory authority.
(2) The term ``implementing revenue bill or
resolution'' means an implementing bill, or
approval resolution, which contains one or more
revenue measures by reason of which it must
originate in the House of Representatives.
(3) The term ``approval resolution'' means
only a joint resolution of the two Houses of the
Congress, the matter after the resolving clause
of which is as follows: ``That the Congress
approves the extension of nondiscriminatory
treatment with respect to the products of ------
-- transmitted by the President to the Congress
on ------.'', the first blank space being filled
with the name of the country involved and the
second blank space being filled with the
appropriate date.
(c) Introduction and referral
(1) On the day on which a trade agreement is submitted
to the House of Representatives and the Senate under section
2112, section 3572 of this title, or section 3805 (a)(1) of
this title, the implementing bill submitted by the President
with respect to such trade agreement or extension shall be
introduced (by request) in the House by the majority leader
of the House, for himself and the minority leader of the
House, or by Members of the House designated by the majority
leader and minority leader of the House; and shall be
introduced (by request) in the Senate by the majority leader
of the Senate, for himself and the minority leader of the
Senate, or by Members of the Senate designated by the
majority leader and minority leader of the Senate. If either
House is not in session on the day on which such a trade
agreement or extension is submitted, the implementing bill
shall be introduced in that House, as provided in the
preceding sentence, on the first day thereafter on which
that House is in session. Such bills shall be referred by
the Presiding Officers of the respective Houses to the
appropriate committee, or, in the case of a bill containing
provisions within the jurisdiction of two or more
committees, jointly to such committees for consideration of
those provisions within their respective jurisdictions.
(2) On the day on which a bilateral commercial
agreement, entered into under subchapter IV of this chapter
after January 3, 1975, is transmitted to the House of
Representatives and the Senate, an approval resolution with
respect to such agreement shall be introduced (by request)
in the House by the majority leader of the House, for
himself and the minority leader of the House, or by Members
of the House designated by the majority leader and minority
leader of the House; and shall be introduced (by request) in
the Senate by the majority leader of the Senate, for himself
and the minority leader of the Senate, or by Members of the
Senate designated by the majority leader and minority leader
of the Senate. If either House is not in session on the day
on which such an agreement is transmitted, the approval
resolution with respect to such agreement shall be
introduced in that House, as provided in the preceding
sentence, on the first day thereafter on which that House is
in session. The approval resolution introduced in
[[Page 903]]
the House shall be referred to the Committee on Ways and
Means and the approval resolution introduced in the Senate
shall be referred to the Committee on Finance.
(d) Amendments prohibited
No amendment to an implementing bill or approval
resolution shall be in order in either the House of
Representatives or the Senate; and no motion to suspend the
application of this subsection shall be in order in either
House, nor shall it be in order in either House for the
Presiding Officer to entertain a request to suspend the
application of this subsection by unanimous consent.
(e) Period for committee and floor consideration
(1) Except as provided in paragraph (2), if the
committee or committees of either House to which an
implementing bill or approval resolution has been referred
have not reported it at the close of the 45th day after its
introduction, such committee or committees shall be
automatically discharged from further consideration of the
bill or resolution and it shall be placed on the appropriate
calendar. A vote on final passage of the bill or resolution
shall be taken in each House on or before the close of the
15th day after the bill or resolution is reported by the
committee or committees of that House to which it was
referred, or after such committee or committees have been
discharged from further consideration of the bill or
resolution. If prior to the passage by one House of an
implementing bill or approval resolution of that House, that
House receives the same implementing bill or approval
resolution from the other House, then--
(A) the procedure in that House shall be the
same as if no implementing bill or approval
resolution had been received from the other
House; but
(B) the vote on final passage shall be on
the implementing bill or approval resolution of
the other House.
(2) The provisions of paragraph (1) shall not apply in
the Senate to an implementing revenue bill or resolution. An
implementing revenue bill or resolution received from the
House shall be referred to the appropriate committee or
committees of the Senate. If such committee or committees
have not reported such bill at the close of the 15th day
after its receipt by the Senate (or, if later, before the
close of the 45th day after the corresponding implementing
revenue bill or resolution was introduced in the Senate),
such committee or committees shall be automatically
discharged from further consideration of such bill or
resolution and it shall be placed on the calendar. A vote on
final passage of such bill or resolution shall be taken in
the Senate on or before the close of the 15th day after such
bill or resolution is reported by the committee or
committees of the Senate to which it was referred, or after
such committee or committees have been discharged from
further consideration of such bill or resolution.
(3) For purposes of paragraphs (1) and (2), in computing
a number of days in either House, there shall be excluded
any day on which that House is not in session.
(f) Floor consideration in the House
(1) A motion in the House of Representatives to proceed
to the consideration of an implementing bill or approval
resolution shall be highly
[[Page 904]]
privileged and not debatable. An amendment to the motion
shall not be in order, nor shall it be in order to move to
reconsider the vote by which the motion is agreed to or
disagreed to.
(2) Debate in the House of Representatives on an
implementing bill or approval resolution shall be limited to
not more than 20 hours, which shall be divided equally
between those favoring and those opposing the bill or
resolution. A motion further to limit debate shall not be
debatable. It shall not be in order to move to recommit an
implementing bill or approval resolution or to move to
reconsider the vote by which an implementing bill or
approval resolution is agreed to or disagreed to.
(3) Motions to postpone, made in the House of
Representatives with respect to the consideration of an
implementing bill or approval resolution, and motions to
proceed to the consideration of other business, shall be
decided without debate.
(4) All appeals from the decisions of the chair relating
to the application of the Rules of the House of
Representatives to the procedure relating to an implementing
bill or approval resolution shall be decided without debate.
(5) Except to the extent specifically provided in the
preceding provisions of this subsection, consideration of an
implementing bill or approval resolution shall be governed
by the Rules of the House of Representatives applicable to
other bills and resolutions in similar circumstances.
(g) Floor consideration in the Senate
(1) A motion in the Senate to proceed to the
consideration of an implementing bill or approval resolution
shall be privileged and not debatable. An amendment to the
motion shall not be in order, nor shall it be in order to
move to reconsider the vote by which the motion is agreed to
or disagreed to.
(2) Debate in the Senate on an implementing bill or
approval resolution, and all debatable motions and appeals
in connection therewith, shall be limited to not more than
20 hours. The time shall be equally divided between, and
controlled by, the majority leader and the minority leader
or their designees.
(3) Debate in the Senate on any debatable motion or
appeal in connection with an implementing bill or approval
resolution shall be limited to not more than 1 hour, to be
equally divided between, and controlled by, the mover and
the manager of the bill or resolution, except that in the
event the manager of the bill or resolution is in favor of
any such motion or appeal, the time in opposition thereto,
shall be controlled by the minority leader or his designee.
Such leaders, or either of them, may, from time under their
control on the passage of an implementing bill or approval
resolution, allot additional time to any Senator during the
consideration of any debatable motion or appeal.
(4) A motion in the Senate to further limit debate is
not debatable. A motion to recommit an implementing bill or
approval resolution is not in order. (Jan. 3, 1975, Pub.L.
93-618, Sec. 151, 88 Stat. 2001; Aug. 23, 1988, Pub.L. 100-
418, Sec. 1007(b)(1), 102 Stat. 1135; Aug. 20, 1990, Pub.L.
101-382, Sec. 132(b)(2), 104 Stat. 645; Dec. 8, 1994, Pub.L.
103-465, Title II, Sec. 282(c)(4), 108 Stat. 4929; Pub.L.
107-210, Div. B, Title XXI, Sec. 2110(a)(1), Aug. 6, 2002,
116 Stat. 1019.)
[[Page 905]]
1111 Sec. 2192. Resolutions disapproving certain actions.
(a) Contents of resolutions
(1) For purposes of this section, the term
``resolution'' means only--
(A) a joint resolution of the two Houses of
the Congress, the matter after the resolving
clause of which is as follows: ``That the
Congress does not approve the action taken by,
or the determination of, the President under
section 203 of the Trade Act of 1974 [19 U.S.C.
2253] transmitted to the Congress on ----------
'', the blank space being filled with the
appropriate date; and
(B) a joint resolution of the two Houses of
Congress, the matter after the resolving clause
of which is as follows: ``That the Congress does
not approve ---------- transmitted to the
Congress on ----------'', with the first blank
space being filled in accordance with paragraph
(2), and the second blank space being filled
with the appropriate date.
(2) The first blank space referred to in paragraph
(1)(B) shall be filled, in the case of a resolution referred
to in section 2437(c)(2) of this title, with the phrase
``the report of the President submitted under section ------
of the Trade Act of 1974 with respect to ----------'' (with
the first blank space being filled with ``402(b)'' or
``409(b)'' [19 U.S.C. 2432(b) or 2439(b)] as appropriate,
and the second blank space being filled with the name of the
country involved).
(b) Reference to committees
All resolutions introduced in the House of
Representatives shall be referred to the Committee on Ways
and Means and all resolutions introduced in the Senate shall
be referred to the Committee on Finance.
(c) Discharge of committees
(1) If the committee of either House to which a
resolution has been referred has not reported it at the end
of 30 days after its introduction, not counting any day
which is excluded under section 2194(b) of this title, it is
in order to move either to discharge the committee from
further consideration of the resolution or to discharge the
committee from further consideration of any other resolution
introduced with respect to the same matter, except that a
motion to discharge--
(A) may only be made on the second
legislative day after the calendar day on which
the Member making the motion announces to the
House his intention to do so; and
(B) is not in order after the Committee has
reported a resolution with respect to the same
matter.
(2) A motion to discharge under paragraph (1) may be
made only by an individual favoring the resolution, and is
highly privileged in the House and privileged in the Senate;
and debate thereon shall be limited to not more than 1 hour,
the time to be divided in the House equally between those
favoring and those opposing the resolution, and to be
divided in the Senate equally between, and controlled by,
the majority leader and the minority leader or their
designees. An amendment to the motion is not in order, and
it is not in order to move to reconsider the vote by which
the motion is agreed to or disagreed to.
[[Page 906]]
(d) Floor consideration in the House
(1) A motion in the House of Representatives to proceed
to the consideration of a resolution shall be highly
privileged and not debatable. An amendment to the motion
shall not be in order, nor shall it be in order to move to
reconsider the vote by which the motion is agreed to or
disagreed to.
(2) Debate in the House of Representatives on a
resolution shall be limited to not more than 20 hours, which
shall be divided equally between those favoring and those
opposing the resolution. A motion further to limit debate
shall not be debatable. No amendment to, or motion to
recommit, the resolution shall be in order. It shall not be
in order to move to reconsider the vote by which a
resolution is agreed to or disagreed to.
(3) Motions to postpone, made in the House of
Representatives with respect to the consideration of a
resolution, and motions to proceed to the consideration of
other business shall be decided without debate.
(4) All appeals from the decisions of the Chair relating
to the application of the Rules of the House of
Representatives to the procedure relating to a resolution
shall be decided without debate.
(5) Except to the extent specifically provided in the
preceding provisions of this subsection, consideration of a
resolution in the House of Representatives shall be governed
by the Rules of the House of Representatives applicable to
other resolutions in similar circumstances.
(e) Floor consideration in the Senate
(1) A motion in the Senate to proceed to the
consideration of a resolution shall be privileged. An
amendment to the motion shall not be in order, nor shall it
be in order to move to reconsider the vote by which the
motion is agreed to or disagreed to.
(2) Debate in the Senate on a resolution, and all
debatable motions and appeals in connection therewith, shall
be limited to not more than 20 hours, to be equally divided
between, and controlled by, the majority leader and the
minority leader or their designees.
(3) Debate in the Senate on any debatable motion or
appeal in connection with a resolution shall be limited to
not more than 1 hour, to be equally divided, between, and
controlled by, the mover and the manager of the resolution,
except that in the event the manager of the resolution is in
favor of any such motion or appeal, the time in opposition
thereto, shall be controlled by the minority leader or his
designee. Such leaders, or either of them, may, from time
under their control on the passage of a resolution, allot
additional time to any Senator during the consideration of
any debatable motion or appeal.
(4) A motion in the Senate to further limit debate on a
resolution, debatable motion, or appeal is not debatable. No
amendment to, or motion to recommit, a resolution is in
order in the Senate.
(f) Procedures in the Senate
(1) Except as otherwise provided in the section, the
following procedures shall apply in the Senate to a
resolution to which this section applies:
(A)(i) Except as provided in clause (ii), a
resolution that has passed the House of
Representatives shall, when received in the
Senate, be referred to the Committee on Finance
for consideration in accordance with this
section.
[[Page 907]]
(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.)
1112 Sec. 2193. Resolutions relating to extension of waiver
authority under section 402 of the Trade Act of 1974.
(a) Contents of resolutions
For purposes of this section the term ``resolution''
means only a joint resolution of the two Houses of Congress,
the matter after the resolving clause of which is as
follows: ``That the Congress does not approve the extension
of the authority contained in section 402(c) of the Trade
Act of 1974 [19 U.S.C. 2432(c)] recommended by the President
to the Congress on ---------- with respect to ----------,''
with the first blank space being filled with the appropriate
date, and the second blank space being filled with the names
of those countries, if any, with respect to which such
extension of authority is not approved and with the
[[Page 908]]
clause beginning with ``with respect to'' being omitted if
the extension of the authority is not approved with respect
to any country.
(b) Application of rules of section 2192 of this title;
exceptions
(1) Except as provided in this section, the provisions
of section 2192 of this title shall apply to resolutions
described in subsection (a) of this section.
(2) In applying section 2192(c)(1) of this title, all
calendar days shall be counted.
(3) That part of section 2192(d)(2) of this title which
provides that no amendment is in order shall not apply to
any amendment to a resolution which is limited to striking
out or inserting the names of one or more countries or to
striking out or inserting a with-respect-to clause. Debate
in the House of Representatives on any amendment to a
resolution shall be limited to not more than 1 hour which
shall be equally divided between those favoring and those
opposing the amendment. A motion in the House to further
limit debate on an amendment to a resolution is not
debatable.
(4) That part of section 2192(e)(4) of this title which
provides that no amendment is in order shall not apply to
any amendment to a resolution which is limited to striking
out or inserting the names of one or more countries or to
striking out or inserting a with-respect-to clause. The time
limit on a debate on a resolution in the Senate under
section 2192(e)(2) of this title shall include all
amendments to a resolution. Debate in the Senate on any
amendment to a resolution shall be limited to not more than
1 hour, to be equally divided between, and controlled by,
the mover and the manager of the resolution, except that in
the event the manager of the resolution is in favor of any
such amendment, the time in opposition thereto shall be
controlled by the minority leader or his designee. The
majority leader and minority leader may, from time under
their control on the passage of a resolution, allot
additional time to any Senator during the consideration of
any amendment. A motion in the Senate to further limit
debate on an amendment to a resolution is not debatable.
(c) Consideration of second resolution not in order
It shall not be in order in either the House of
Representatives or the Senate to consider a resolution with
respect to a recommendation of the President under section
2432(d) of this title (other than a resolution described in
subsection (a) of this section received from the other
House), if that House has adopted a resolution with respect
to the same recommendation.
(d) Procedures relating to conference reports in the Senate
(1) Consideration in the Senate of the conference report
on any joint resolution described in subsection (a) of this
section, including consideration of all amendments in
disagreement (and all amendments thereto), and consideration
of all debatable motions and appeals in connection
therewith, shall be limited to 10 hours, to be equally
divided between, and controlled by, the majority leader and
the minority leader or their designees. Debate on any
debatable motion or appeal related to the conference report
shall be limited to 1 hour, to be equally divided between,
and controlled by, the mover and the manager of the
conference report.
[[Page 909]]
(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.)
1113 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
1114 Sec. 2211. Congressional advisers for trade policy and
negotiations.
(a) Selection
(1) At the beginning of each regular session of
Congress, the Speaker of the House of Representatives, upon
the recommendation of the chairman of the Committee on Ways
and Means, shall select 5 members (not more than 3 of whom
are members of the same political party) of such committee,
and the President pro tempore of the Senate, upon the
recommendation of the chairman of the Committee on Finance,
shall select 5 members (not more than 3 of whom are members
of the same political party) of such committee, who shall be
designated congressional advisers on trade policy and
negotiations. They shall provide advice on the development
of trade policy and priorities for the implementation
thereof. They shall also be accredited by the United States
Trade Representative on behalf of the President as official
advisers to the United States delegations to international
conferences, meetings, and negotiating sessions relating to
trade agreements.
(2)(A) In addition to the advisers designated under
paragraph (1) from the Committee on Ways and Means and the
Committee on Finance--
(i) the Speaker of the House may select
additional members of the House, for designation
as congressional advisers regarding specific
trade policy matters or negotiations, from any
other committee of the House or joint committee
of Congress that has jurisdiction
[[Page 910]]
over legislation likely to be affected by such
matters or negotiations; and
(ii) the President pro tempore of the Senate
may select additional members of the Senate, for
designation as congressional advisers regarding
specific trade policy matters or negotiations,
from any other committee of the Senate or joint
committee of Congress that has jurisdiction over
legislation likely to be affected by such
matters or negotiations.
Members of the House and Senate selected as
congressional advisers under this subparagraph shall
be accredited by the United States Trade
Representative.
(B) Before designating any member under subparagraph
(A), the Speaker or the President pro tempore shall consult
with--
(i) the chairman and ranking member of the
Committee on Ways and Means or the Committee on
Finance, as appropriate; and
(ii) the chairman and ranking minority
member of the committee from which the member
will be selected.
(C) Not more than 3 members (not more than 2 of whom are
members of the same political party) may be selected under
this paragraph as advisers from any committee of Congress.
(b) Briefing
(1) The United States Trade Representative shall keep
each official adviser designated under subsection (a)(1)
currently informed on matters affecting the trade policy of
the United States and, with respect to possible agreements,
negotiating objectives, the status of negotiations in
progress, and the nature of any changes in domestic law or
the administration thereof which may be recommended to
Congress to carry out any trade agreement or any requirement
of, amendment to, or recommendation under, such agreement.
(2) The United States Trade Representative shall keep
each official adviser designated under subsection (a)(2) of
this section currently informed regarding the trade policy
matters and negotiations with respect to which the adviser
is designated.
(3)(A) The chairmen of the Committee on Ways and Means
and the Committee on Finance may designate members (in
addition to the official advisers under subsection (a)(1) of
this section) and staff members of their respective
committees who shall have access to the information provided
to official advisers under paragraph (1).
(B) The chairman of any committee of the House or Senate
or any joint committee of Congress from which official
advisers are selected under subsection (a)(2) may designate
other members of such committee, and staff members of such
committee, who shall have access to the information provided
to official advisers under paragraph (2).
(c) Committee consultation
The United States Trade Representative shall consult on
a continuing basis with the Committee on Ways and Means of
the House of Representatives, the Committee on Finance of
the Senate, and the other appropriate committees of the
House and Senate on the development, implementation, and
administration of overall trade policy of the United States.
Such consultations shall include, but are not limited to,
the following elements of such policy:
[[Page 911]]
(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.)
1115 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.)
1116 Sec. 2213. Reports.
(a) Annual report on trade agreements program and national
trade policy agenda
(1) The President shall submit to the Congress during
each calendar year (but not later than March 1 of that year)
a report on--
(A) the operation of the trade agreements
program, and the provision of import relief and
adjustment assistance to workers and firms,
under this Act during the preceding calendar
year; and
(B) the national trade policy agenda for the
year in which the report is submitted.
(2) The report shall include, with respect to the
matters referred to in paragraph (1)(A), information
regarding--
(A) new trade negotiations;
(B) changes made in duties and nontariff
barriers and other distortions of trade of the
United States;
(C) reciprocal concessions obtained;
(D) changes in trade agreements (including
the incorporation therein of actions taken for
import relief and compensation provided
therefor);
[[Page 912]]
(E) the extension or withdrawal of
nondiscriminatory treatment by the United States
with respect to the products of foreign
countries;
(F) the extension, modification, withdrawal,
suspension, or limitation of preferential
treatment to exports of developing countries;
(G) the results of actions to obtain the
removal of foreign trade restrictions (including
discriminatory restrictions) against United
States exports and the removal of foreign
practices which discriminate against United
States service industries (including
transportation and tourism) and investment;
(H) the measures being taken to seek the
removal of other significant foreign import
restrictions;
(I) each of the referrals made under section
2171(d)(1)(B) of this title and any action taken
with respect to such referral;
(J) other information relating to the trade
agreements program and to the agreements entered
into thereunder; and
(K) the number of applications filed for
adjustment assistance for workers and firms, the
number of such applications which were approved,
and the extent to which adjustment assistance
has been provided under such approved
applications.
(3)(A) The national trade policy agenda required under
paragraph (1)(B) for the year in which a report is submitted
shall be in the form of a statement of--
(i) the trade policy objectives and
priorities of the United States for the year,
and the reasons therefor;
(ii) the actions proposed, or anticipated,
to be undertaken during the year to achieve such
objectives and priorities, including, but not
limited to, actions authorized under the trade
laws and negotiations with foreign countries;
(iii) any proposed legislation necessary or
appropriate to achieve any of such objectives or
priorities; and
(iv) the progress that was made during the
preceding year in achieving the trade policy
objectives and priorities included in the
statement provided for that year under this
paragraph.
(B) The President may separately submit any information
referred to in subparagraph (A) to the Congress in
confidence if the President considers confidentiality
appropriate.
(C) Before submitting the national trade policy agenda
for any year, the President shall seek advice from the
appropriate advisory committees established under section
2155 of this title and shall consult with the appropriate
committees of the Congress.
(D) The United States Trade Representative (hereafter
referred to in this section as the ``Trade Representative'')
and other appropriate officials of the United States
Government shall consult periodically with the appropriate
committees of the Congress regarding the annual objectives
and priorities set forth in each national trade policy
agenda with respect to--
(i) the status and results of the actions
that have been undertaken to achieve the
objectives and priorities; and
(ii) any development which may require, or
result in, changes to any of such objectives or
priorities.
[[Page 913]]
(b) Annual trade projection report
(1) In order for the Congress to be informed of the
impact of foreign trade barriers and macroeconomic factors
on the balance of trade of the United States, the Trade
Representative and the Secretary of the Treasury shall
jointly prepare and submit to the Committee on Finance of
the Senate and the Committee on Ways and Means of the House
of Representatives (hereafter referred to in this subsection
as the ``Committees'') on or before March 1 of each year a
report which consists of--
(A) a review and analysis of--
(i) the merchandise balance of trade,
(ii) the goods and services balance of
trade,
(iii) the balance on the current
account,
(iv) the external debt position,
(v) the exchange rates,
(vi) the economic growth rates,
(vii) the deficit or surplus in the
fiscal budget, and
(viii) the impact on United States trade
of market barriers and other unfair
practices,
of countries that are major trading partners of the
United States, including, as appropriate, groupings
of such countries;
(B) projections for each of the economic
factors described in subparagraph (A) (except
those described in clauses (v) and (viii)) for
each of the countries and groups of countries
referred to in subparagraph (A) for the year in
which the report is submitted and for the
succeeding year; and
(C) conclusions and recommendations, based
upon the projections referred to in subparagraph
(B), for policy changes, including trade policy,
exchange rate policy, fiscal policy, and other
policies that should be implemented to improve
the outlook.
(2) To the extent that subjects referred to in paragraph
(1) (A), (B), or (C) are covered in the national trade
policy agenda required under subsection (a)(1)(B) or in
other reports required by this Act or other law, the Trade
Representative and the Secretary of the Treasury may, as
appropriate, draw on the information, analysis, and
conclusions, if any, in those reports for the purposes of
preparing the report required by this subsection.
(3) The Trade Representative and the Secretary of the
Treasury shall consult with the Chairman of the Board of
Governors of the Federal Reserve System in the preparation
of each report required under this subsection.
(4) The Trade Representative and the Secretary of the
Treasury may separately submit any information, analysis, or
conclusion referred to in paragraph (1) to the Committees in
confidence if the Trade Representative and the Secretary
consider confidentiality appropriate.
(5) After submission of each report required under
paragraph (1), the Trade Representative and the Secretary of
the Treasury shall consult with each of the Committees with
respect to the report.
(c) ITC reports
The United States International Trade Commission shall
submit to the Congress, at least once a year, a factual
report on the operation
[[Page 914]]
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
1117 Sec. 2241. Estimates of barriers to market access.
(a) National trade estimates
(1) In general
For calendar year 1988, and for each
succeeding calendar year, the United States
Trade Representative, through the interagency
trade organization established pursuant to
section 1872(a) of this title and with the
assistance of the interagency advisory committee
established under section 2171(d)(2) of this
title, shall--
(A) identify and analyze acts, policies,
or practices of each foreign country which
constitute significant barriers to, or
distortions of--
(i) United States exports of
goods or services (including
agricultural commodities; and
property protected by trademarks,
patents, and copyrights exported or
licensed by United States persons),
(ii) foreign direct investment
by United States persons, especially
if such investment has implications
for trade in goods or services; and
(iii) United States electronic
commerce,
(B) make an estimate of the trade-
distorting impact on United States commerce
of any act, policy, or practice identified
under subparagraph (A); and
(C) make an estimate, if feasible, of--
(i) the value of additional
goods and services of the United
States,
(ii) the value of additional
foreign direct investment by United
States persons, and
(iii) the value of additional
United States electronic commerce,
that would have been exported to, or
invested in, or transacted with, each
foreign country during such calendar year if
each of such acts, policies, and practices
of such country did not exist.
(2) Certain factors taken into account in making
analysis and estimate
In making any analysis or estimate under
paragraph (1), the Trade Representative shall
take into account--
(A) the relative impact of the act,
policy, or practice on United States
commerce;
(B) the availability of information to
document prices, market shares, and other
matters necessary to demonstrate the effects
of the act, policy, or practice;
(C) the extent to which such act,
policy, or practice is subject to
international agreements to which the United
States is a party;
(D) any advice given through appropriate
committees established pursuant to section
2155 of this title; and
[[Page 915]]
(E) the actual increase in--
(i) the value of goods and
services of the United States
exported to,
(ii) the value of foreign direct
investment made in, and
(iii) the value of electronic
commerce transacted with,
the foreign country during the calendar year
for which the estimate under paragraph
(1)(C) is made.
(3) Annual revisions and updates
The Trade Representative shall annually
revise and update the analysis and estimate
under paragraph (1).
(b) Reports
(1) In general
On or before April 30, 1989, and on or
before March 31 of each succeeding calendar
year, the Trade Representative shall submit a
report on the analysis and estimates made under
subsection (a) of this section for the calendar
year preceding such calendar year (which shall
be known as the ``National Trade Estimate'') to
the President, the Committee on Finance of the
Senate, and appropriate committees of the House
of Representatives.
(2) Reports to include information with respect to
action being taken
The Trade Representative shall include in
each report submitted under paragraph (1)
information with respect to any action taken (or
the reasons for no action taken) to eliminate
any act, policy, or practice identified under
subsection (a), including, but not limited to--
(A) any action under section 2411 of this
title,
(B) negotiations or consultations with
foreign governments, or
(C) a section on foreign anticompetitive
practices, the toleration of which by foreign
governments is adversely affecting exports of
United States goods or services.
(3) Consultation with Congress on trade policy
priorities
The Trade Representative shall keep the
committees described in paragraph (1) currently
informed with respect to trade policy priorities
for the purposes of expanding market
opportunities. After the submission of the
report required by paragraph (1), the Trade
Representative shall also consult periodically
with, and take into account the views of, the
committees described in that paragraph regarding
means to address the foreign trade barriers
identified in the report, including the possible
initiation of investigations under section 2412
of this title or other trade actions.
(c) Assistance of other agencies
(1) Furnishing of information
The head of each department or agency of the
executive branch of the Government, including
any independent agency, is authorized and
directed to furnish to the Trade Representative
or to the appropriate agency, upon request, such
data, reports, and other information as is
necessary for the Trade Representative to carry
out his functions under this section. In
preparing the section of the report required by
subsection (b)(2)(C) of this section, the Trade
Representative shall consult in particular with
the Attorney General.
(2) Restrictions on release or use of information
[[Page 916]]
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
* * * * * * *
1118 Sec. 3534. Annual report on WTO.
Not later than March 1 of each year beginning in 1996,
the Trade Representative shall submit to the Congress a
report describing, for the preceding fiscal year of the
WTO--
(1) the major activities and work programs
of the WTO, including the functions and
activities of the committees established under
article IV of the WTO Agreement, and the
expenditures made by the WTO in connection with
those activities and programs;
(2) the percentage of budgetary assessments
by the WTO that were accounted for by each WTO
member country, including the United States;
(3) the total number of personnel employed
or retained by the Secretariat of the WTO, and
the number of professional, administrative, and
support staff of the WTO;
(4) for each personnel category described in
paragraph (3), the number of citizens of each
country, and the average salary of the
personnel, in that category;
(5) each report issued by a panel or the
Appellate Body in a dispute settlement
proceeding regarding Federal or State law, and
any efforts by the Trade Representative to
provide for implementation of the
recommendations contained in a report that is
adverse to the United States;
(6) each proceeding before a panel or the
Appellate Body that was initiated during that
fiscal year regarding Federal or State law, the
status of the proceeding, and the matter at
issue;
(7) the status of consultations with any
State whose law was the subject of a report
adverse to the United States that was issued by
a panel or the Appellate Body; and
(8) any progress achieved in increasing the
transparency of proceedings of the Ministerial
Conference and the General Council,
[[Page 917]]
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.)
1119 Sec. 3535. Review of participation in WTO.
(a) Report on the operation of WTO
The first annual report submitted to the Congress under
section 3534 of this title--
(1) after the end of the 5-year period
beginning on the date on which the WTO Agreement
enters into force with respect to the United
States, and
(2) after the end of every 5-year period
thereafter,
shall include an analysis of the effects of the WTO
Agreement on the interests of the United States, the costs
and benefits to the United States of its participation in
the WTO, and the value of the continued participation of the
United States in the WTO.
(b) Congressional disapproval of U.S. participation in WTO
(1) General rule
The approval of the Congress, provided under
section 3511(a) of this title, of the WTO
Agreement shall cease to be effective if, and
only if, a joint resolution described in
subsection (c) of this section is enacted into
law pursuant to the provisions of paragraph (2).
(2) Procedural provisions
(A) The requirements of this paragraph are
met if the joint resolution is enacted under
subsection (c) of this section, and--
(i) the Congress adopts and transmits
the joint resolution to the President before
the end of the 90-day period (excluding any
day described in section 2194(b) of this
title), beginning on the date on which the
Congress receives a report referred to in
subsection (a) of this section, and
(ii) if the President vetoes the joint
resolution, each House of Congress votes to
override that veto on or before the later of
the last day of the 90-day period referred
to in clause (i) or the last day of the 15-
day period (excluding any day described in
section 2194(b) of this title) beginning on
the date on which the Congress receives the
veto message from the President.
(B) A joint resolution to which this section
applies may be introduced at any time on or
after the date on which the President transmits
to the Congress a report described in subsection
(a) of this section, and before the end of the
90-day period referred to in subparagraph (A).
(c) Joint resolutions
(1) Joint resolutions
For purposes of this section, the term
``joint resolution'' means only a joint
resolution of the 2 Houses of Congress, the
matter after the resolving clause of which is as
follows: ``That the Congress withdraws its
approval, provided under section 101(a) of the
Uruguay Round Agreements Act, of the WTO
Agreement as defined in section 2(9) of that
Act.''.
(2) Procedures
[[Page 918]]
(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
* * * * * * *
1120 Sec. 3803. Trade agreements authority.
(a) Agreements regarding tariff barriers
(1) In general
Whenever the President determines that one
or more existing duties or other import
restrictions of any foreign country or the
United States are unduly burdening and
restricting the foreign trade
[[Page 919]]
of the United States and that the purposes,
policies, priorities, and objectives of this
title will be promoted thereby, the President--
(A) may enter into trade agreements with
foreign countries before--
(i) July 1, 2005; or
(ii) July 1, 2007, if trade
authorities procedures are extended
under subsection (c); and
(B) may, subject to paragraphs (2) and
(3), proclaim--
(i) such modification or
continuance of any existing duty,
(ii) such continuance of
existing duty-free or excise
treatment, or
(iii) such additional duties,
as the President determines to be required or
appropriate to carry out any such trade agreement.
The President shall notify the Congress of
the President's intention to enter into an
agreement under this subsection.
(2) Limitations
No proclamation may be made under paragraph
(1) that--
(A) reduces any rate of duty (other than
a rate of duty that does not exceed 5
percent ad valorem on the date of the
enactment of this Act) to a rate of duty
which is less than 50 percent of the rate of
such duty that applies on such date of
enactment;
(B) reduces the rate of duty below that
applicable under the Uruguay Round
Agreements, on any import sensitive
agricultural product; or
(C) increases any rate of duty above the
rate that applied on the date of the
enactment of this Act.
(3) Aggregate reduction; exemption from staging
(A) Aggregate reduction.--Except as provided
in subparagraph (B), the aggregate reduction in
the rate of duty on any article which is in
effect on any day pursuant to a trade agreement
entered into under paragraph (1) shall not
exceed the aggregate reduction which would have
been in effect on such day if--
(i) a reduction of 3 percent ad valorem
or a reduction of one-tenth of the total
reduction, whichever is greater, had taken
effect on the effective date of the first
reduction proclaimed under paragraph (1) to
carry out such agreement with respect to
such article; and
(ii) a reduction equal to the amount
applicable under clause (i) had taken effect
at 1-year intervals after the effective date
of such first reduction.
(B) Exemption from staging.--No staging is
required under subparagraph (A) with respect to
a duty reduction that is proclaimed under
paragraph (1) for an article of a kind that is
not produced in the United States. The United
States International Trade Commission shall
advise the President of the identity of articles
that may be exempted from staging under this
subparagraph.
(4) Rounding
If the President determines that such action
will simplify the computation of reductions
under paragraph (3), the President may round an
annual reduction by an amount equal to the
lesser of--
(A) the difference between the reduction
without regard to this paragraph and the
next lower whole number; or
[[Page 920]]
(B) one-half of 1 percent ad valorem.
(5) Other limitations
A rate of duty reduction that may not be
proclaimed by reason of paragraph (2) may take
effect only if a provision authorizing such
reduction is included within an implementing
bill provided for under section 3805 and that
bill is enacted into law.
(6) Other tariff modifications
Notwithstanding paragraphs (1)(B), (2)(A),
(2)(C), and (3) through (5), and subject to the
consultation and layover requirements of section
115 of the Uruguay Round Agreements Act, the
President may proclaim the modification of any
duty or staged rate reduction of any duty set
forth in Schedule XX, as defined in section 2(5)
of that Act, if the United States agrees to such
modification or staged rate reduction in a
negotiation for the reciprocal elimination or
harmonization of duties under the auspices of
the World Trade Organization.
(7) Authority under Uruguay Round Agreements Act not
affected
Nothing in this subsection shall limit the
authority provided to the President under
section 111(b) of the Uruguay Round Agreements
Act (19 U.S.C. 3521(b)).
(b) Agreements regarding tariff and nontariff barriers
(1) In general
(A) Whenever the President determines that--
(i) one or more existing duties or any
other import restriction of any foreign
country or the United States or any other
barrier to, or other distortion of,
international trade unduly burdens or
restricts the foreign trade of the United
States or adversely affects the United
States economy, or
(ii) the imposition of any such barrier
or distortion is likely to result in such a
burden, restriction, or effect,
and that the purposes, policies, priorities,
and objectives of this title will be
promoted thereby, the President may enter
into a trade agreement described in
subparagraph (B) during the period described
in subparagraph (C).
(B) The President may enter into a trade
agreement under subparagraph (A) with foreign
countries providing for--
(i) the reduction or elimination of a
duty, restriction, barrier, or other
distortion described in subparagraph (A); or
(ii) the prohibition of, or limitation
on the imposition of, such barrier or other
distortion.
(C) The President may enter into a trade
agreement under this paragraph before--
(i) July 1, 2005; or
(ii) July 1, 2007, if trade authorities
procedures are extended under subsection
(c).
(2) Conditions
A trade agreement may be entered into under
this subsection only if such agreement makes
progress in meeting the applicable objectives
described in section 3802(a) and (b) and the
President satisfies the conditions set forth in
section 3804.
(3) Bills qualifying for trade authorities procedures
(A) The provisions of section 151 of the
Trade Act of 1974 (in this title referred to as
``trade authorities procedures'') apply to a
[[Page 921]]
bill of either House of Congress which contains
provisions described in subparagraph (B) to the
same extent as such section 151 applies to
implementing bills under that section. A bill to
which this paragraph applies shall hereafter in
this title be referred to as an ``implementing
bill''.
(B) The provisions referred to in
subparagraph (A) are--
(i) a provision approving a trade
agreement entered into under this subsection
and approving the statement of
administrative action, if any, proposed to
implement such trade agreement; and
(ii) if changes in existing laws or new
statutory authority are required to
implement such trade agreement or
agreements, provisions, necessary or
appropriate to implement such trade
agreement or agreements, either repealing or
amending existing laws or providing new
statutory authority.
(c) Extension disapproval process for Congressional trade
authorities procedures
(1) In general
Except as provided in section 3805(b)--
(A) the trade authorities procedures
apply to implementing bills submitted with
respect to trade agreements entered into
under subsection (b) before July 1, 2005;
and
(B) the trade authorities procedures
shall be extended to implementing bills
submitted with respect to trade agreements
entered into under subsection (b) after June
30, 2005, and before July 1, 2007, if (and
only if)--
(i) the President requests such
extension under paragraph (2); and
(ii) neither House of the
Congress adopts an extension
disapproval resolution under
paragraph (5) before July 1, 2005.
(2) Report to Congress by the President
If the President is of the opinion that the
trade authorities procedures should be extended
to implementing bills described in paragraph
(1)(B), the President shall submit to the
Congress, not later than April 1, 2005, a
written report that contains a request for such
extension, together with--
(A) a description of all trade
agreements that have been negotiated under
subsection (b) and the anticipated schedule
for submitting such agreements to the
Congress for approval;
(B) a description of the progress that
has been made in negotiations to achieve the
purposes, policies, priorities, and
objectives of this title, and a statement
that such progress justifies the
continuation of negotiations; and
(C) a statement of the reasons why the
extension is needed to complete the
negotiations.
(3) Other reports to Congress
(A) Report by the advisory committee.
The President shall promptly inform the
Advisory Committee for Trade Policy and
Negotiations established under section 135
of the Trade Act of 1974 (19 U.S.C. 2155) of
the President's decision to submit a report
to the Congress under paragraph (2). The
Advisory Committee shall submit to the
Congress as
[[Page 922]]
soon as practicable, but not later than June
1, 2005, a written report that contains--
(i) its views regarding the
progress that has been made in
negotiations to achieve the
purposes, policies, priorities, and
objectives of this title; and
(ii) a statement of its views,
and the reasons therefor, regarding
whether the extension requested
under paragraph (2) should be
approved or disapproved.
(B) Report by ITC
The President shall promptly inform the
International Trade Commission of the
President's decision to submit a report to
the Congress under paragraph (2). The
International Trade Commission shall submit
to the Congress as soon as practicable, but
not later than June 1, 2005, a written
report that contains a review and analysis
of the economic impact on the United States
of all trade agreements implemented between
the date of enactment of this Act and the
date on which the President decides to seek
an extension requested under paragraph (2).
(4) Status of reports
The reports submitted to the Congress under
paragraphs (2) and (3), or any portion of such
reports, may be classified to the extent the
President determines appropriate.
(5) Extension disapproval resolutions
(A) For purposes of paragraph (1), the term
``extension disapproval resolution'' means a
resolution of either House of the Congress, the
sole matter after the resolving clause of which
is as follows: ``That the __ disapproves the
request of the President for the extension,
under section 3803(c)(1)(B)(i) of the Bipartisan
Trade Promotion Authority Act of 2002, of the
trade authorities procedures under that Act to
any implementing bill submitted with respect to
any trade agreement entered into under section
3803(b) of that Act after June 30, 2005.'', with
the blank space being filled with the name of
the resolving House of the Congress.
(B) Extension disapproval resolutions--
(i) may be introduced in either House of
the Congress by any member of such House;
and
(ii) shall be referred, in the House of
Representatives, to the Committee on Ways
and Means and, in addition, to the Committee
on Rules.
(C) The provisions of section 152(d) and (e)
of the Trade Act of 1974 (19 U.S.C. 2192(d) and
(e)) (relating to the floor consideration of
certain resolutions in the House and Senate)
apply to extension disapproval resolutions.
(D) It is not in order for--
(i) the Senate to consider any extension
disapproval resolution not reported by the
Committee on Finance;
(ii) the House of Representatives to
consider any extension disapproval
resolution not reported by the Committee on
Ways and Means and, in addition, by the
Committee on Rules; or
(iii) either House of the Congress to
consider an extension disapproval resolution
after June 30, 2005.
[[Page 923]]
(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.)
1121 Sec. 3804. Consultations and Assessment.
(a) Notice and consultation before negotiation
The President, with respect to any agreement that is
subject to the provisions of section 3803(b), shall--
(1) provide, at least 90 calendar days
before initiating negotiations, written notice
to the Congress of the President's intention to
enter into the negotiations and set forth
therein the date the President intends to
initiate such negotiations, the specific United
States objectives for the negotiations, and
whether the President intends to seek an
agreement, or changes to an existing agreement;
(2) before and after submission of the
notice, consult regarding the negotiations with
the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of
Representatives, such other committees of the
House and Senate as the President deems
appropriate, and the Congressional Oversight
group convened under section 3807; and
(3) upon the request of a majority of the
members of the Congressional Oversight Group
under section 3807(c), meet with the
Congressional Oversight Group before initiating
the negotiations or at any other time concerning
the negotiations.
(b) Negotiations regarding agriculture
(1) In general
Before initiating or continuing negotiations
the subject matter of which is directly related
to the subject matter under section
3802(b)(10)(A)(i) with any country, the
President shall assess whether United States
tariffs on agricultural products that were bound
under the Uruguay Round Agreements are lower
than the tariffs bound by that country. In
addition, the President shall consider whether
the tariff levels bound and applied throughout
the world with respect to imports from the
United States are higher than United States
tariffs and whether the negotiation provides an
opportunity to address any such disparity. The
President shall consult with the Committee on
Ways and Means and the Committee on Agriculture
of the House of Representatives and the
Committee on Finance and the Committee on
Agriculture, Nutrition, and Forestry of the
Senate concerning the results of the assessment,
whether
[[Page 924]]
it is appropriate for the United States to agree
to further tariff reductions based on the
conclusions reached in the assessment, and how
all applicable negotiating objectives will be
met.
(2) Special consultations on import sensitive products
(A) Before initiating negotiations with
regard to agriculture, and, with respect to the
Free Trade Area for the Americas and
negotiations with regard to agriculture under
the auspices of the World Trade Organization, as
soon as practicable after the enactment of this
Act, the United States Trade Representative
shall--
(i) identify those agricultural products
subject to tariff-rate quotas on the date of
enactment of this Act, and agricultural
products subject to tariff reductions by the
United States as a result of the Uruguay
Round Agreements, for which the rate of duty
was reduced on January 1, 1995, to a rate
which was not less than 97.5 percent of the
rate of duty that applied to such article on
December 31, 1994;
(ii) consult with the Committee on Ways
and Means and the Committee on Agriculture
of the House of Representatives and the
Committee on Finance and the Committee on
Agriculture, Nutrition, and Forestry of the
Senate concerning--
(I) whether any further tariff
reductions on the products
identified under clause (i) should
be appropriate, taking into account
the impact of any such tariff
reduction on the United States
industry producing the product
concerned;
(II) whether the products so
identified face unjustified sanitary
or phytosanitary restrictions,
including those not based on
scientific principles in
contravention of the Uruguay Round
Agreements; and
(III) whether the countries
participating in the negotiations
maintain export subsidies or other
programs, policies, or practices
that distort world trade in such
products and the impact of such
programs, policies, and practices on
United States producers of the
products;
(iii) request that the International
Trade Commission prepare an assessment of
the probable economic effects of any such
tariff reduction on the United States
industry producing the product concerned and
on the United States economy as a whole; and
(iv) upon complying with clauses (i),
(ii), and (iii), notify the Committee on
Ways and Means and the Committee on
Agriculture of the House of Representatives
and the Committee on Finance and the
Committee on Agriculture, Nutrition, and
Forestry of the Senate of those products
identified under clause (i) for which the
Trade Representative intends to seek tariff
liberalization in the negotiations and the
reasons for seeking such tariff
liberalization.
(B) If, after negotiations described in
subparagraph (A) are commenced--
(i) the United States Trade
Representative identifies any additional
agricultural product described in
subparagraph (A)(i) for tariff reductions
which were not the subject of a notification
under subparagraph (A)(iv), or
[[Page 925]]
(ii) any additional agricultural product
described in subparagraph (A)(i) is the
subject of a request for tariff reductions
by a party to the negotiations,
the Trade Representative shall, as soon as
practicable, notify the committees referred to in
subparagraph (A)(iv) of those products and the
reasons for seeking such tariff reductions.
(3) Negotiations regarding the fishing industry
Before initiating, or continuing,
negotiations which directly relate to fish or
shellfish trade with any country, the President
shall consult with the Committee on Ways and
Means and the Committee on Resources of the
House of Representatives, and the Committee on
Finance and the Committee on Commerce, Science,
and Transportation of the Senate, and shall keep
the Committees apprised of negotiations on an
ongoing and timely basis.
(c) Negotiations regarding textiles
Before initiating or continuing negotiations the subject
matter of which is directly related to textiles and apparel
products with any country, the President shall assess
whether United States tariffs on textile and apparel
products that were bound under the Uruguay Round Agreements
are lower than the tariffs bound by that country and whether
the negotiation provides an opportunity to address any such
disparity. The President shall consult with the Committee on
Ways and Means of the House of Representatives and the
Committee on Finance of the Senate concerning the results of
the assessment, whether it is appropriate for the United
States to agree to further tariff reductions based on the
conclusions reached in the assessment, and how all
applicable negotiating objectives will be met.
(d) Consultation with Congress before agreements entered
into
(1) Consultation
Before entering into any trade agreement
under section 3803(b), the President shall
consult with--
(A) the Committee on Ways and Means of
the House of Representatives and the
Committee on Finance of the Senate;
(B) each other committee of the House
and the Senate, and each joint committee of
the Congress, which has jurisdiction over
legislation involving subject matters which
would be affected by the trade agreement;
and
(C) the Congressional Oversight Group
convened under section 3807.
(2) Scope
The consultation described in paragraph (1)
shall include consultation with respect to--
(A) the nature of the agreement;
(B) how and to what extent the agreement
will achieve the applicable purposes,
policies, priorities, and objectives of this
title; and
(C) the implementation of the agreement
under section 3805, including the general
effect of the agreement on existing laws.
(3) Report regarding United States trade remedy laws
(A) Changes in certain trade laws.--The
President, at least 180 calendar days before the
day on which the President enters into a trade
agreement under section 3803(b), shall report to
the Com
[[Page 926]]
mittee on Ways and Means of the House of
Representatives and the Committee on Finance of
the Senate--
(i) the range of proposals advanced in
the negotiations with respect to that
agreement, that may be in the final
agreement, and that could require amendments
to title VII of the Tariff Act of 1930 or to
chapter 1 of title II of the Trade Act of
1974; and
(ii) how these proposals relate to the
objectives described in section 3802(b)(14).
(B) Certain agreements.--With respect to a
trade agreement entered into with Chile or
Singapore, the report referred to in
subparagraph (A) shall be submitted by the
President at least 90 calendar days before the
day on which the President enters into that
agreement.
(C) Resolutions.--(i) At any time after the
transmission of the report under subparagraph
(A), if a resolution is introduced with respect
to that report in either House of Congress, the
procedures set forth in clauses (iii) through
(vi) shall apply to that resolution if--
(I) no other resolution with respect to
that report has previously been reported in
that House of Congress by the Committee on
Ways and Means or the Committee on Finance,
as the case may be, pursuant to those
procedures; and
(II) no procedural disapproval
resolution under section 3805(b) introduced
with respect to a trade agreement entered
into pursuant to the negotiations to which
the report under subparagraph (A) relates
has previously been reported in that House
of Congress by the Committee on Ways and
Means or the Committee on Finance, as the
case may be.
(ii) For purposes of this subparagraph, the
term ``resolution'' means only a resolution of
either House of Congress, the matter after the
resolving clause of which is as follows: ``That
the __ finds that the proposed changes to United
States trade remedy laws contained in the report
of the President transmitted to the Congress on
__ under section 3804(d)(3) of the Bipartisan
Trade Promotion Authority Act of 2002 with
respect to __, are inconsistent with the
negotiating objectives described in section
3802(b)(14) of that Act.'', with the first blank
space being filled with the name of the
resolving House of Congress, the second blank
space being filled with the appropriate date of
the report, and the third blank space being
filled with the name of the country or countries
involved.
(iii) Resolutions in the House of
Representatives--
(I) may be introduced by any Member of
the House;
(II) shall be referred to the Committee
on Ways and Means and, in addition, to the
Committee on Rules; and
(III) may not be amended by either
Committee.
(iv)\1\ Resolutions in the Senate--
\1\So in original. Two clauses designated (iv) were
enacted.
(I) may be introduced by any Member of
the Senate;
(II) shall be referred to the Committee
on Finance; and
(III) may not be amended.
[[Page 927]]
(iv)\1\ It is not in order for the House of
Representatives to consider any resolution that
is not reported by the Committee on Ways and
Means and, in addition, by the Committee on
Rules.
\1\So in original. Two clauses designated (iv) were
enacted.
(v) It is not in order for the Senate to
consider any resolution that is not reported by
the Committee on Finance.
(vi) The provisions of section 152(d) and
(e) of the Trade Act of 1974 (19 U.S.C. 2192(d)
and (e)) (relating to floor consideration of
certain resolutions in the House and Senate)
shall apply to resolutions.
(e) Advisory Committee reports
The report required under section 135(e)(1) of the Trade
Act of 1974 regarding any trade agreement entered into under
section 3803(a) or (b) of this Act shall be provided to the
President, the Congress, and the United States Trade
Representative not later than 30 days after the date on
which the President notifies the Congress under section
3803(a)(1) or 3805(a)(1)(A) of the President's intention to
enter into the agreement.
(f) ITC assessment
(1) In general
The President, at least 90 calendar days
before the day on which the President enters
into a trade agreement under section 3803(b),
shall provide the International Trade Commission
(referred to in this subsection as ``the
Commission'') with the details of the agreement
as it exists at that time and request the
Commission to prepare and submit an assessment
of the agreement as described in paragraph (2).
Between the time the President makes the request
under this paragraph and the time the Commission
submits the assessment, the President shall keep
the Commission current with respect to the
details of the agreement.
(2) ITC assessment
Not later than 90 calendar days after the
President enters into the agreement, the
Commission shall submit to the President and the
Congress a report assessing the likely impact of
the agreement on the United States economy as a
whole and on specific industry sectors,
including the impact the agreement will have on
the gross domestic product, exports and imports,
aggregate employment and employment
opportunities, the production, employment, and
competitive position of industries likely to be
significantly affected by the agreement, and the
interests of United States consumers.
(3) Review of empirical literature
In preparing the assessment, the Commission
shall review available economic assessments
regarding the agreement, including literature
regarding any substantially equivalent proposed
agreement, and shall provide in its assessment a
description of the analyses used and conclusions
drawn in such literature, and a discussion of
areas of consensus and divergence between the
various analyses and conclusions, including
those of the Commission regarding the agreement.
(Pub.L. 107-210, Div. B, Title XXI, Sec. 2104,
Aug. 6, 2002, 116 Stat. 1008.)
[[Page 928]]
1122 Sec. 3805. Implementation of trade agreements.
(a) In general
(1) Notification and submission
Any agreement entered into under section
3803(b) shall enter into force with respect to
the United States if (and only if)--
(A) the President, at least 90 calendar
days before the day on which the President
enters into the trade agreement, notifies
the House of Representatives and the Senate
of the President's intention to enter into
the agreement, and promptly thereafter
publishes notice of such intention in the
Federal Register;
(B) within 60 days after entering into
the agreement, the President submits to the
Congress a description of those changes to
existing laws that the President considers
would be required in order to bring the
United States into compliance with the
agreement;
(C) after entering into the agreement,
the President submits to the Congress, on a
day on which both Houses of Congress are in
session, a copy of the final legal text of
the agreement, together with--
(i) a draft of an implementing
bill described in section
3803(b)(3);
(ii) a statement of any
administrative action proposed to
implement the trade agreement; and
(iii) the supporting information
described in paragraph (2); and
(D) the implementing bill is enacted
into law.
(2) Supporting information
The supporting information required under
paragraph (1)(C)(iii) consists of--
(A) an explanation as to how the
implementing bill and proposed
administrative action will change or affect
existing law; and
(B) a statement--
(i) asserting that the agreement
makes progress in achieving the
applicable purposes, policies,
priorities, and objectives of this
title; and
(ii) setting forth the reasons
of the President regarding--
(I) how and to what
extent the agreement makes
progress in achieving the
applicable purposes,
policies, and objectives
referred to in clause (i);
(II) whether and how the
agreement changes provisions
of an agreement previously
negotiated;
(III) how the agreement
serves the interests of
United States commerce;
(IV) how the
implementing bill meets the
standards set forth in
section 3803(b)(3); and
(V) how and to what
extent the agreement makes
progress in achieving the
applicable purposes,
policies, and objectives
referred to in section
3802(c) regarding the
promotion of certain
priorities.
(3) Reciprocal benefits
In order to ensure that a foreign country
that is not a party to a trade agreement entered
into under section 3803(b) does not
[[Page 929]]
receive benefits under the agreement unless the
country is also subject to the obligations under
the agreement, the implementing bill submitted
with respect to the agreement shall provide that
the benefits and obligations under the agreement
apply only to the parties to the agreement, if
such application is consistent with the terms of
the agreement. The implementing bill may also
provide that the benefits and obligations under
the agreement do not apply uniformly to all
parties to the agreement, if such application is
consistent with the terms of the agreement.
(4) Disclosure of commitments
Any agreement or other understanding with a
foreign government or governments (whether oral
or in writing) that--
(A) relates to a trade agreement with
respect to which the Congress enacts an
implementing bill under trade authorities
procedures, and
(B) is not disclosed to the Congress
before an implementing bill with respect to
that agreement is introduced in either House
of Congress,
shall not be considered to be part of the agreement
approved by the Congress and shall have no force and
effect under United States law or in any dispute
settlement body.
(b) Limitations on Trade Authorities Procedures
(1) For lack of notice or consultations
(A) In general.--The trade authorities
procedures shall not apply to any implementing
bill submitted with respect to a trade agreement
or trade agreements entered into under section
3803(b) if during the 60-day period beginning on
the date that one House of Congress agrees to a
procedural disapproval resolution for lack of
notice or consultations with respect to such
trade agreement or agreements, the other House
separately agrees to a procedural disapproval
resolution with respect to such trade agreement
or agreements.
(B) Procedural disapproval resolution.--(i)
For purposes of this paragraph, the term
``procedural disapproval resolution'' means a
resolution of either House of Congress, the sole
matter after the resolving clause of which is as
follows: ``That the President has failed or
refused to notify or consult in accordance with
the Bipartisan Trade Promotion Authority Act of
2002 on negotiations with respect to ______ and,
therefore, the trade authorities procedures
under that Act shall not apply to any
implementing bill submitted with respect to such
trade agreement or agreements.'', with the blank
space being filled with a description of the
trade agreement or agreements with respect to
which the President is considered to have failed
or refused to notify or consult.
(ii) For purposes of clause (i), the
President has ``failed or refused to notify or
consult in accordance with the Bipartisan Trade
Promotion Authority Act of 2002'' on
negotiations with respect to a trade agreement
or trade agreements if--
(I) the President has failed or refused
to consult (as the case may be) in
accordance with section 3804 or 3805 with
respect to the negotiations, agreement, or
agreements;
[[Page 930]]
(II) guidelines under section 3807(b)
have not been developed or met with respect
to the negotiations, agreement, or
agreements;
(III) the President has not met with the
Congressional Oversight Group pursuant to a
request made under section 3807(c) with
respect to the negotiations, agreement, or
agreements; or
(IV) the agreement or agreements fail to
make progress in achieving the purposes,
policies, priorities, and objectives of this
title.
(2) Procedures for considering resolutions
(A) Procedural disapproval resolutions--
(i) in the House of Representatives--
(I) may be introduced by any
Member of the House;
(II) shall be referred to the
Committee on Ways and Means and, in
addition, to the Committee on Rules;
and
(III) may not be amended by
either Committee; and
(ii) in the Senate--
(I) may be introduced by any
Member of the Senate;
(II) shall be referred to the
Committee on Finance; and
(III) may not be amended.
(B) The provisions of section 152(d) and (e)
of the Trade Act of 1974 (19 U.S.C. 2192(d) and
(e)) (relating to the floor consideration of
certain resolutions in the House and Senate)
apply to a procedural disapproval resolution
introduced with respect to a trade agreement if
no other procedural disapproval resolution with
respect to that trade agreement has previously
been reported in that House of Congress by the
Committee on Ways and Means or the Committee on
Finance, as the case may be, and if no
resolution described in section
3804(d)(3)(C)(ii) with respect to that trade
agreement has been reported in that House of
Congress by the Committee on Ways and Means or
the Committee on Finance, as the case may be,
pursuant to the procedures set forth in clauses
(iii) through (vi) of such section
3804(d)(3)(C).
(C) It is not in order for the House of
Representatives to consider any procedural
disapproval resolution not reported by the
Committee on Ways and Means and, in addition, by
the Committee on Rules.
(D) It is not in order for the Senate to
consider any procedural disapproval resolution
not reported by the Committee on Finance.
(3) For failure to meet other requirements
Not later than December 31, 2002, the
Secretary of Commerce, in consultation with the
Secretary of State, the Secretary of the
Treasury, the Attorney General, and the United
States Trade Representative, shall transmit to
the Congress a report setting forth the strategy
of the executive branch to address concerns of
the Congress regarding whether dispute
settlement panels and the Appellate Body of the
WTO have added to obligations, or diminished
rights, of the United States, as described in
section 3801(b)(3). Trade authorities procedures
shall not apply to any implementing bill with
respect to an agreement negotiated under the
auspices of the WTO unless the Secretary of
Commerce has issued such report in a timely
manner.
[[Page 931]]
(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.)
1123 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.)
1124 Sec. 3807. Congressional Oversight Group.
(a) Members and functions
(1) In general
[[Page 932]]
By not later than 60 days after the date of
the enactment of this Act, and not later than 30
days after the convening of each Congress, the
chairman of the Committee on Ways and Means of
the House of Representatives and the chairman of
the Committee on Finance of the Senate shall
convene the Congressional Oversight Group.
(2) Membership from the House
In each Congress, the Congressional
Oversight Group shall be comprised of the
following Members of the House of
Representatives:
(A) The chairman and ranking member of
the Committee on Ways and Means, and 3
additional members of such Committee (not
more than 2 of whom are members of the same
political party).
(B) The chairman and ranking member, or
their designees, of the committees of the
House of Representatives which would have,
under the Rules of the House of
Representatives, jurisdiction over
provisions of law affected by a trade
agreement negotiations for which are
conducted at any time during that Congress
and to which this title would apply.
(3) Membership from the Senate
In each Congress, the Congressional
Oversight Group shall also be comprised of the
following members of the Senate:
(A) The chairman and ranking member of
the Committee on Finance and 3 additional
members of such Committee (not more than 2
of whom are members of the same political
party).
(B) The chairman and ranking member, or
their designees, of the committees of the
Senate which would have, under the Rules of
the Senate, jurisdiction over provisions of
law affected by a trade agreement
negotiations for which are conducted at any
time during that Congress and to which this
title would apply.
(4) Accreditation
Each member of the Congressional Oversight
Group described in paragraphs (2)(A) and (3)(A)
shall be accredited by the United States Trade
Representative on behalf of the President as an
official adviser to the United States delegation
in negotiations for any trade agreement to which
this title applies. Each member of the
Congressional Oversight Group described in
paragraphs (2)(B) and (3)(B) shall be accredited
by the United States Trade Representative on
behalf of the President as an official adviser
to the United States delegation in the
negotiations by reason of which the member is in
the Congressional Oversight Group. The
Congressional Oversight Group shall consult with
and provide advice to the Trade Representative
regarding the formulation of specific
objectives, negotiating strategies and
positions, the development of the applicable
trade agreement, and compliance and enforcement
of the negotiated commitments under the trade
agreement.
(5) Chair
The Congressional Oversight Group shall be
chaired by the Chairman of the Committee on Ways
and Means of the House of Representatives and
the Chairman of the Committee on Finance of the
Senate.
[[Page 933]]
(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.)
1125 Sec. 3808. Additional implementation and enforcement
requirements.
(a) In general
At the time the President submits to the Congress the
final text of an agreement pursuant to section
3805(a)(1)(C), the President shall also submit a plan for
implementing and enforcing the agreement. The implementation
and enforcement plan shall include the following:
(1) Border personnel requirements
[[Page 934]]
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.)
1126 Sec. 3811. Report on impact of trade promotion authority.
(a) In general
Not later than 1 year after the date of enactment of
this Act, the International Trade Commission shall report to
the Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives regarding the
economic impact on the United States of the trade agreements
described in subsection (b).
(b) Agreements
The trade agreements described in this subsection are
the following:
(1) The United States-Israel Free Trade
Agreement.
(2) The United States-Canada Free Trade
Agreement.
(3) The North American Free Trade Agreement.
(4) The Uruguay Round Agreements.
(5) The Tokyo Round of Multilateral Trade
Negotiations.
(Pub.L. 107-210, Div. B, Title XXI, Sec. 2111, Aug. 6, 2002,
116 Stat. 1021.)
* * * * * * *
[[Page 935]]
TITLE 20.--EDUCATION
Chapter 3.--SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND
ART GALLERIES
1130 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.)
1131 Sec. 43. Appointment of regents; terms of office; vacancies.
The regents to be selected shall be appointed as
follows: The Members of the Senate by the President thereof;
the Members of the House by the Speaker thereof; and the
nine other persons by joint resolution of the Congress. The
Members of the House so appointed shall serve for the term
of two years; and on every alternate fourth Wednesday of
December a like number shall be appointed in the same
manner, to serve until the fourth Wednesday in December, in
the second year succeeding their appointment. The Senators
so appointed shall serve during the term for which they
shall hold, without reelection, their office as Senators.
Vacancies, occasioned by death, resignation, or otherwise,
shall be filled as vacancies in committees are filled. The
regular term of service for the other nine members shall be
six years; and new elections thereof shall be made by joint
resolutions of Congress. Vacancies occasioned by death,
resignation, or otherwise may be filled in like manner by
joint resolution of Congress. (R.S. Sec. 5581; Dec. 15,
1970, Pub.L. 91-551, 84 Stat. 1440.)
22 u.s.c.--foreign relations and intercourse
general and permanent laws relating to the senate
[[Page 936]]
TITLE 22.--FOREIGN RELATIONS AND INTERCOURSE
Chapter 7.--INTERNATIONAL BUREAUS, CONGRESSES, ETC.
* * * * * * *
1135 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
1136 Sec. 276d. United States group; appointment; term; meetings.
Not to exceed twenty-four Members of Congress shall be
appointed to meet jointly and at least annually and when
Congress is not in
[[Page 937]]
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.)
1137 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
1138 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 ap
[[Page 938]]
pointed 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.)
1139 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).
1140 Sec. 276l. British-American Interparliamentary Group.
(a) Establishment and meetings
Not to exceed 24 Members of Congress shall be appointed
to meet annually and when the Congress is not in session
(except that this restriction shall not apply to meetings
held in the United States), with representatives of the
House of Commons and the House of Lords of the Parliament of
Great Britain for discussion of common problems in the
interest of relations between the United States and Great
Britain. The Members of Congress so appointed shall be
referred to as the ``United States group'' of the United
States Interparliamentary Group.
(b) Appointment of members
Of the Members of Congress appointed for purposes of
this section--
(1) half shall be appointed by the Speaker
of the House of Representatives from among
Members of the House (not less than 4 of whom
shall be members of the Committee on Foreign
Affairs), and
(2) half shall be appointed by the President
pro tempore of the Senate, upon recommendations
of the majority and minority leaders of the
Senate, from among Members of the Senate (not
less than 4 of whom shall be members of the
Committee on Foreign Relations) unless the
majority and minority leaders of the Senate
determine otherwise.
[[Page 939]]
(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.)
1141 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
[[Page 940]]
the Majority and Minority leaders of the Senate,
be appointed by the President pro tempore of the
Senate from Members of the Senate (not less than
4 of whom, including the Vice Chairman of the
United States Delegation, shall be from the
Committee on Foreign Relations, unless the
President pro tempore of the Senate, upon
recommendations of the Majority and Minority
leaders of the Senate, determines otherwise).
(2) In every odd-numbered year beginning in
1993, 9 Members shall, upon recommendation of
the Majority and Minority Leaders of the Senate,
be appointed by the President pro tempore of the
Senate from Members of the Senate (not less than
4 of whom, including the Chairman of the United
States Delegation, shall be from the Committee
on Foreign Relations, unless the President pro
tempore of the Senate, upon recommendations of
the Majority and Minority leaders of the Senate,
determines otherwise); and 8 Members shall be
appointed by the Speaker of the House from
Members of the House (not less than 4 of whom,
including the Vice Chairman, shall be from the
Committee on Foreign Affairs).
(c) Administrative support
For the purpose of providing general staff support and
continuity between successive delegations, each United
States Delegation shall have 2 secretaries (one of whom
shall be appointed by the Chairman of the Committee on
Foreign Affairs of the House of Representatives and one of
whom shall be appointed by the Chairman of the Delegation of
the Senate).
(d) Funding
(1) United States participation
There is authorized to be appropriated for
each fiscal year $80,000 to assist in meeting
the expenses of the United States delegation.
For each fiscal year for which an appropriation
is made under this subsection, half of such
appropriation may be disbursed on voucher to be
approved by the Chairman and half of such
appropriation may be disbursed on voucher to be
approved by the Vice Chairman.
(2) Availability of appropriations
Amounts appropriated pursuant to this
subsection are authorized to be available until
expended.
(e) Annual report
The United States Delegation shall, for each fiscal year
for which an appropriation is made, submit to the Congress a
report including its expenditures under such appropriation.
The certificate of the Chairman and Vice Chairman of the
United States Delegation shall be final and conclusive upon
the accounting officers in the auditing of the accounts of
the United States Delegation. (Pub.L. 102-138, Title I,
Sec. 169, Oct. 28, 1991, 105 Stat. 677.)
Note
There are authorized to be appropriated for each fiscal
year $50,000 for expenses of United States participation in
the United States-European Community Interparliamentary
Group. (November 22, 1983, Public Law 98-164, Sec. 109(c),
as amended September 19, 1986, Public Law 99-415, Sec. 7(b),
and October 1, 1988, Public Law 100-459, Sec. 303(c).)
[[Page 941]]
Chapter 24.--MUTUAL SECURITY PROGRAM
1142 Sec. 1754. Foreign currencies.
* * * * * * *
(b) Availability to Members and employees of Congress;
authorization requirements; reports
(1)(A) Notwithstanding section 1306 of title 31, or any
other provision of law--
(i) local currencies owned by the United
States, which are in excess of the amounts
reserved under section 2362(a) of this title,
and of the requirements of the United States
Government in payment of its obligations outside
the United States, as such requirements may be
determined from time to time by the President;
and
(ii) any other local currencies owned by the
United States in amounts not to exceed the
equivalent of $75 per day per person or the
maximum per diem allowance established under the
authority of subchapter I of chapter 57 of Title
5 for employees of the United States Government
while traveling in a foreign country, whichever
is greater, exclusive of the actual cost of
transportation;
shall be made available to Members and employees of the
Congress for their local currency expenses when authorized
as provided in subparagraph (B).
(B) The authorization required for purposes of
subparagraph (A) may be provided--
(i) by the Speaker of the House of
Representatives in the case of a Member or
employee of the House;
(ii) by the chairman of a standing or select
committee of the House of Representatives in the
case of a member or employee of that committee;
(iii) by the President of the Senate, the
President pro tempore of the Senate, the
Majority Leader of the Senate, or the Minority
Leader of the Senate, in the case of a Member or
employee of the Senate;
(iv) by the chairman of a standing, select,
or special committee of the Senate in the case
of a member or employee of that committee or of
an employee of a member of that committee; and
(v) by the chairman of a joint committee of
the Congress in the case of a member or employee
of that committee.
(C) Whenever local currencies owned by the United States
are not otherwise available for purposes of this subsection,
the Secretary of the Treasury shall purchase such local
currencies as may be necessary for such purposes, using any
funds in the Treasury not otherwise appropriated.
(2) On a quarterly basis, the chairman of each committee
of the House of Representatives or the Senate and of each
joint committee of the Congress (A) shall prepare a
consolidated report (i) which itemizes the amounts and
dollar equivalent values of each foreign currency expended
and the amounts of dollar expenditures from appropriated
funds in connection with travel outside the United States,
stating the purposes of the expenditures including per diem
(lodging and meals), transportation, and other purposes, and
(ii) which shows the total itemized expenditures, by such
committee and by each member or employee of such committee
(including in the case of a committee of the Senate, each
employee
[[Page 942]]
of a member of the committee who received an authorization
under paragraph (1) from the chairman of the committee); and
(B) shall forward such consolidated report to the Clerk of
the House of Representatives (if the committee is a
committee of the House of Representatives or a joint
committee whose funds are disbursed by the Chief
Administrative Officer of the House) or to the Secretary of
the Senate (if the committee is a committee of the Senate or
a joint committee whose funds are disbursed by the Secretary
of the Senate). Each such consolidated report shall be open
to public inspection and shall be published in the
Congressional Record within ten legislative days after the
report is forwarded pursuant to this paragraph. In the case
of the Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House
of Representatives, such consolidated report may, in the
discretion of the chairman of the committee, omit such
information as would identify the foreign countries in which
members and employees of that committee traveled.
(3)(A) Each Member or employee who receives an
authorization under paragraph (1) from the Speaker of the
House of Representatives, the President of the Senate, the
President pro tempore of the Senate, the Majority Leader of
the Senate, or the Minority Leader of the Senate, shall
within thirty days after the completion of the travel
involved, submit a report setting forth the information
specified in paragraph (2), to the extent applicable, to the
Clerk of the House of Representatives (in the case of a
Member of the House or an employee whose salary is disbursed
by the Chief Administrative Officer of the House) or the
Secretary of the Senate (in the case of a Member of the
Senate or an employee whose salary is disbursed by the
Secretary of the Senate). In the case of an authorization
for a group of Members or employees, such reports shall be
submitted for all Members of the group by its chairman, or
if there is no designated chairman, by the ranking Member or
if the group does not include a Member, by the senior
employee in the group. Each report submitted pursuant to
this subparagraph shall be open to public inspection.
(B) On a quarterly basis, the Clerk of the House of
Representatives and the Secretary of the Senate shall each
prepare a consolidation of the reports received by them
under this paragraph with respect to expenditures during the
preceding quarter by each Member and employee or by each
group in the case of expenditures made on behalf of a group
which are not allocable to individual members of the group.
Each such consolidation shall be open to public inspection
and shall be published in the Congressional Record within
ten legislative days after its completion. (Aug. 26, 1954,
ch. 937, Title V, Sec. 502, 68 Stat. 849, amended Sept. 3,
1954, ch. 1262, Sec. 104, 68 Stat. 1223; July 8, 1955, ch.
301, Sec. 9(a), 69 Stat. 288; July 18, 1956, ch. 627,
Sec. 9(b), 70 Stat. 560; June 30, 1958, Sec. 401(a), 72
Stat. 268; August 27, 1958, Pub.L. 85-766, ch. X, Sec. 1001,
72 Stat. 880; May 14, 1960, Pub.L. 86-472, Sec. 401(a), 74
Stat. 138; July 12, 1960, Pub.L. 86-628, Sec. 105(a), 74
Stat. 460; Sept. 4, 1961, Pub.L. 87-195, Pt. III,
Sec. 642(a)(2), 75 Stat. 460; Oct. 7, 1964, Pub.L. 88-633,
78 Stat. 1015; Oct. 18, 1973, Pub.L. 93-126, Sec. 5, 87
Stat. 452; Aug. 13, 1974, Pub.L. 93-371, Sec. 107, 88 Stat.
444; July 25, 1975, Pub.L. 94-59, Title XI, Sec. 1105, 89
Stat. 299; Dec. 18, 1975, Pub.L. 94-157, Title I, ch. IV, 89
Stat. 837; July 12, 1976, Pub.L. 94-350, Title IV, Sec. 402,
90 Stat. 833; Oct. 1, 1976, Pub.L. 94-440, Title I,
Sec. 109, 90 Stat.
[[Page 943]]
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.)
1143 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.)
1144 Sec. 1928b. Authorization of appropriations.
There is authorized to be appropriated annually (1) for
the annual contribution of the United States toward the
maintenance of the NATO Parliamentary Assembly, such sum as
may be agreed upon by the United States Group and approved
by such Assembly, but in no event to exceed for any year an
amount equal to 25 per centum of the total annual
contributions made for that year by all members of the North
Atlantic Treaty Organization toward the maintenance of such
Assembly, and (2) $200,000, $100,000 for the House
delegation and $100,000 for the Senate delegation, or so
much thereof as may be necessary, to assist in meeting the
expenses of the United States Group of the NATO
Parliamentary Assembly for each fiscal year for which an
appropriation is made, such appropriation to be dispersed on
voucher to be approved by the Chairman of the House
delegation and the Chairman of the Senate delegation. (July
11, 1956, ch. 562, Sec. 2, 70 Stat. 523; June 30, 1958,
Pub.L. 85-477, ch. V, Sec. 502(d), 72 Stat. 273; Nov. 14,
1967, Pub.L. 90-137, Pt. IV, Sec. 401(a), 81 Stat. 463; Feb.
7, 1972, Pub.L. 92-226, Pt. IV, Sec. 405, 86 Stat. 34; Dec.
22, 1987, Pub.L. 100-202, Sec. 101(a) [Title III, Sec. 303],
101 Stat. 1329, 1329-23; Dec. 22, 1987, Pub.L. 100-204,
Title VII, Sec. 744(b), 101 Stat. 1396; Nov. 29, 1999,
Pub.L. 106-113, Sec. 1000(a)(7), 113 Stat. 1501A-459; Nov.
28, 2001, Pub.L. 107-77, Title IV, Sec. 408(b)(1), 115 Stat.
790.)
26 u.s.c.--internal revenue code
general and permanent laws relating to the senate
[[Page 944]]
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
* * * * * * *
1145 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
* * * * * * *
1146 Sec. 162. Trade or business expenses.
(a) In general
There shall be allowed as a deduction all the ordinary
and necessary expenses paid or incurred during the taxable
year in carrying on any trade or business, including--
[[Page 945]]
(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
1147 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--
[[Page 946]]
(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--
[[Page 947]]
(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.
[[Page 948]]
(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
[[Page 949]]
(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
[[Page 950]]
(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,
[[Page 951]]
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
[[Page 952]]
(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
[[Page 953]]
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
* * * * * * *
1148 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
1149 Sec. 1221. Capital asset defined.
(a) In general.--For purposes of this subtitle, the term
``capital asset'' means property held by the taxpayer
(whether or not connected with his trade or business), but
does not include--
* * * * * * *
(5) a publication of the United States Government
(including the Congressional Record) which is received from
the United States Government or any agency thereof, other
than by purchase at the price at which it is offered for
sale to the public, and which is held by--
(A) a taxpayer who so received such
publication, or
(B) a taxpayer in whose hands the basis of
such publication is determined, for purposes of
determining gain from a sale or exchange, in
whole or in part by reference to the basis of
such publication in the hands of a taxpayer
described in subparagraph (A). (Aug. 16, 1954,
ch. 736. 68A Stat. 321; Oct. 4, 1976, Pub.L. 94-
455, Sec. 2132 (a), 90 Stat. 1925; Aug. 13,
1981, Pub.L. 97-34, Sec. 505
[[Page 954]]
(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
* * * * * * *
1150 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
[[Page 955]]
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
* * * * * * *
1151 Sec. 6103. Confidentiality and disclosure of returns and
return information.
* * * * * * *
(f) Disclosure to committees of Congress
(1) Committee on Ways and Means, Committee on Finance,
and Joint Committee on Taxation.--Upon written request from
the chairman of the Committee on Ways and Means of the House
of Representatives, the chairman of the Committee on Finance
of the Senate, or the chairman of the Joint Committee on
Taxation, the Secretary shall furnish such committee with
any return or return information specified in such request,
except that any return or return information which can be
associated with, or otherwise identify, directly or
indirectly, a particular taxpayer shall be furnished to such
committee only when sitting in closed executive session
unless such taxpayer otherwise consents in writing to such
disclosure.
(2) Chief of Staff of Joint Committee on Taxation.--Upon
written request by the Chief of Staff of the Joint Committee
on Taxation, the Secretary shall furnish him with any return
or return information specified in such request. Such Chief
of Staff may submit such return or return information to any
committee described in paragraph (1), except that any return
or return information which can be associated with, or
otherwise identify, directly or indirectly, a particular
taxpayer shall be furnished to such committee only when
sitting in closed executive session unless such taxpayer
otherwise consents in writing to such disclosure.
(3) Other committees.--Pursuant to an action by, and
upon written request by the chairman of, a committee of the
Senate or the House of Representatives (other than a
committee specified in paragraph (1)) specially authorized
to inspect any return or return information by a resolution
of the Senate or the House of Representatives or, in the
case of a joint committee (other than the joint committee
specified in paragraph (1)) by concurrent resolution, the
Secretary shall furnish such committee, or a duly authorized
and designated subcommittee thereof, sitting in closed
executive session, with any return or return information
which such resolution authorizes the committee or
subcommittee to inspect. Any resolution described in this
paragraph shall specify the purpose for which the return or
return information is to be furnished and that such
information cannot reasonably be obtained from any other
source.
(4) Agents of committees and submission of information
to Senate or House of Representatives--
(A) Committees described in paragraph (1).--
Any committee described in paragraph (1) or the
Chief of Staff of the Joint Committee on
Taxation shall have the authority, acting
directly, or by or through such examiners or
agents as the chairman of such com
[[Page 956]]
mittee or such chief of staff may designate or
appoint, to inspect returns and return
information at such time and in such manner as
may be determined by such chairman or chief of
staff. Any return or return information obtained
by or on behalf of such committee pursuant to
the provisions of this subsection may be
submitted by the committee to the Senate or the
House of Representatives, or to both. The Joint
Committee on Taxation may also submit such
return or return information to any other
committee described in paragraph (1), except
that any return or return information which can
be associated with, or otherwise identify,
directly or indirectly, a particular taxpayer
shall be furnished to such committee only when
sitting in closed executive session unless such
taxpayer otherwise consents in writing to such
disclosure.
(B) Other committees.--Any committee or
subcommittee described in paragraph (3) shall
have the right, acting directly, or by or
through no more than four examiners or agents,
designated or appointed in writing in equal
numbers by the chairman and ranking minority
member of such committee or subcommittee, to
inspect returns and return information at such
time and in such manner as may be determined by
such chairman and ranking minority member. Any
return or return information obtained by or on
behalf of such committee or subcommittee
pursuant to the provisions of this subsection
may be submitted by the committee to the Senate
or the House of Representatives, or to both,
except that any return or return information
which can be associated with, or otherwise
identify, directly or indirectly, a particular
taxpayer, shall be furnished to the Senate or
the House of Representatives only when sitting
in closed executive session unless such taxpayer
otherwise consents in writing to such
disclosure.
(5) Disclosure by whistleblower.--Any person who
otherwise has or had access to any return or return
information under this section may disclose such return or
return information to a committee referred to in paragraph
(1) or any individual authorized to receive or inspect
information under paragraph (4)(A) if such person believes
such return or return information may relate to possible
misconduct, maladministration, or taxpayer abuse.
(g) Disclosure to President and certain other persons
* * * * * * *
(5) Reporting requirements
Within 30 days after the close of each calendar quarter,
the President and the head of any agency requesting returns
and return information under this subsection shall each file
a report with the Joint Committee on Taxation setting forth
the taxpayers with respect to whom such requests were made
during such quarter under this subsection, the returns or
return information involved, and the reasons for such
requests. The President shall not be required to report on
any request for returns and return information pertaining to
an individual who was an officer or employee of the
executive branch of the Federal Government at the time such
request was made. Reports filed pursuant to this paragraph
shall not be disclosed unless the Joint Committee on
Taxation determines that disclosure thereof (including
identifying details) would be in the national interest. Such
reports shall be maintained by the Joint
[[Page 957]]
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.)
* * * * * * *
1152 Sec. 6104. Publicity of information required from certain
exempt organizations and certain trusts.
(a) Inspection of applications for tax exemption or notice
of status
(1) Public inspection--
(A) Organizations described in section 501
or 527.--If an organization described in section
501(c) or (d) is exempt from taxation under
section 501(a) for any taxable year or a
political organization is exempt from taxation
under section 527 for any taxable year, the
application filed by the organization with
respect to which the Secretary made his
determination that such organization was
entitled to exemption under section 501(a) or
notice of status filed by the organization under
section 527(i), together with any papers
submitted in support of such application or
notice, and any letter or other document issued
by the Internal Revenue Service with respect to
such application or notice shall be open to
public inspection at the national office of the
Internal Revenue Service. In the case of any
application or notice filed after the date of
the enactment of this subparagraph, a copy of
such application or notice and such letter or
document shall be open to public inspection at
the appropriate field office of the Internal
Revenue Service (determined under regulations
prescribed by the Secretary). Any inspection
under this subparagraph may be made at such
times, and in such manner, as the Secretary
shall by regulations prescribe. After the
application of any organization for exemption
from taxation under section 501(a) has been
opened to public inspection under this
subparagraph, the Secretary shall, on the
request of any person with respect to such
organization, furnish a statement indicating the
subsection and paragraph of section 501 which it
has been determined describes such organization.
(B) Pension, etc., plans.--The following
shall be open to public inspection at such times
and in such places as the Secretary may
prescribe:
(i) any application filed with respect
to the qualification of a pension, profit-
sharing, or stock bonus plan under section
401(a) or 403(a), an individual retirement
account described in section 408(a), or an
individual retirement annuity described in
section 408(b),
(ii) any application filed with respect
to the exemption from tax under section
501(a) of an organization forming part of a
plan or account referred to in clause (i),
[[Page 958]]
(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
[[Page 959]]
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
* * * * * * *
1153 Sec. 7608. Authority of internal revenue enforcement
officers.
* * * * * * *
(c) Rules relating to undercover operations
* * * * * * *
(4) Audits--
(A) The Service shall conduct a detailed
financial audit of each undercover investigative
operation which is closed in each fiscal year;
and
(i) submit the results of the audit in
writing to the Secretary; and
(ii) not later than 180 days after such
undercover operation is closed, submit a
report to the Congress concerning such
audit.
(B) The Service shall also submit a report
annually to the Congress specifying as to its
undercover investigative operations--
(i) the number, by programs, of
undercover investigative operations pending
as of the end of the 1-year period for which
such report is submitted;
(ii) the number, by programs, of
undercover investigative operations
commenced in the 1-year period for which
such report is submitted;
(iii) the number, by programs, of
undercover investigative operations closed
in the 1-year period for which such report
is submitted; and
(iv) the following information with
respect to each undercover investigative
operation pending as of the end of the 1-
year period for which such report is
submitted or closed during such 1-year
period--
(I) the date the operation began
and the date of the certification
referred to in the last sentence of
paragraph (1),
(II) the total expenditures
under the operation and the amount
and use of the proceeds from the
operation,
(III) a detailed description of
the operation including the
potential violation being
investigated and whether the
operation is being conducted under
grand jury auspices, and
(IV) the results of the
operation including the results of
criminal proceedings.
[[Page 960]]
(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
1154 Sec. 7701. Definitions.
* * * * * * *
(j) Tax treatment of Federal Thrift Savings Fund
(1) In general.--For purposes of this title--
(A) the Thrift Savings Fund shall be treated
as a trust described in section 401(a) which is
exempt from taxation under section 501(a);
(B) any contribution to, or distribution
from, the Thrift Savings Fund shall be treated
in the same manner as contributions to or
distributions from such a trust; and
(C) subject to section 401(k)(4)(B) and any
dollar limitation on the application of section
402(e)(3), contributions to the Thrift Savings
Fund shall not be treated as distributed or made
available to an employee or Member nor as a
contribution made to the Fund by an employee or
Member merely because the employee or Member
has, under the provisions of subchapter III of
chapter 84 of title 5, United States Code, and
section 8351 of such title 5, an election
whether the contribution will be made to the
Thrift Savings Fund or received by the employee
or Member in cash.
(2) Nondiscrimination requirements.--Notwithstanding any
other provision of the law, the Thrift Savings Fund is not
subject to the nondiscrimination requirements applicable to
arrangements described in section 401(k) or to matching
contributions (as described in section 401(m)), so long as
it meets the requirements of this section.
(3) Coordination with Social Security Act.--Paragraph
(1) shall not be construed to provide that any amount of the
employee's or Member's basic pay which is contributed to the
Thrift Savings Fund shall not be included in the term
``wages'' for the purposes of section 209 of the Social
Security Act or section 3121(a) of this title.
(4) Definitions.--For purposes of this subsection, the
terms ``Member'', ``employee'', and ``Thrift Savings Fund''
shall have the same respective meanings as when used in
subchapter III of chapter 84 of title 5, United States Code.
(5) Coordination with other provisions of law.--No
provision of law not contained in this title shall apply for
purposes of determining the treatment under this title of
the Thrift Savings Fund or any contribution to, or
distribution from, such Fund. (Oct. 22, 1986, Pub.L. 99-514,
Sec. 1147(a), 100 Stat. 2493; Dec. 22, 1987, Pub.L. 100-202,
Sec. 624(a), 101 Stat. 1329-429; Nov. 10, 1988, Pub.L. 100-
647, Sec. 1011A(m)(1), 102 Stat. 3483; Nov. 5, 1990, Pub.L.
101-508, Sec. 11704(a)(34), 104 Stat. 1388-519; July 3,
1992, Pub.L. 102-318, Sec. 521(b)(43), 106 Stat. 313.)
(k) Treatment of certain amounts paid to charity
In the case of any payment which, except for section
501(b) of the Ethics in Government Act of 1978, might be
made to any officer or employee of the Federal Government
but which is made instead on behalf of such officer or
employee to an organization described in section 170(c)--
[[Page 961]]
(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
* * * * * * *
1155 Sec. 7802. Internal Revenue Service Oversight Board.
* * * * * * *
(d) Specific responsibilities
* * * * * * *
(4) Budget.--To--
(A) review and approve the budget request of
the Internal Revenue Service prepared by the
Commissioner;
(B) submit such budget request to the
Secretary of the Treasury; and
(C) ensure that the budget request supports
the annual and long-range strategic plans.
* * * * * * *
The Secretary shall submit the budget request referred to in
paragraph (4)(B) for any fiscal year to the President who
shall submit such request, without revision, to Congress
together with the President's annual budget request for the
Internal Revenue Service for such fiscal year.
* * * * * * *
(f) Administrative matters
* * * * * * *
(3) Reports--
(A) Annual.--The Oversight Board shall each
year report with respect to the conduct of its
responsibilities under this title to the
President, the Committees on Ways and Means,
Government Reform and Oversight, and
Appropriations of the House of Representatives
and the Committees on Finance, Governmental
Affairs, and Appropriations of the Senate.
(B) Additional report.--Upon a determination
by the Oversight Board under subsection
(c)(1)(B) that the organization and operation of
the Internal Revenue Service are not allowing it
to carry out its mission, the Oversight Board
shall report such determination to the Committee
on Ways and Means of the House of Representa
[[Page 962]]
tives and the Committee on Finance of the
Senate. (July 22, 1998, Pub.L. 105-206,
Sec. 1101(a), 112 Stat. 691.)
* * * * * * *
1156 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.)
* * * * * * *
1157 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
1158 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.)
1159 Sec. 8002. Membership.
(a) Number and selection
The Joint Committee shall be composed of 10 members as
follows:
[[Page 963]]
(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.)
1160 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.)
1161 Sec. 8004. Appointment and compensation of staff.
Except as otherwise provided by law, the Joint Committee
shall have power to appoint and fix the compensation of the
Chief of Staff of
[[Page 964]]
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.)
1162 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
1163 Sec. 8021. Powers.
(a) To obtain data and inspect income returns
For powers of the Joint Committee to obtain and inspect
income returns, see section 6103(f).
(b) Relating to hearings and sessions
The Joint Committee, or any subcommittee thereof, is
authorized--
(1) To hold.--To hold hearings and to sit
and act at such places and times;
(2) To require attendance of witnesses and
production of books.--To require by subpoena (to
be issued under the signature of the chairman or
vice chairman) or otherwise the attendance of
such witnesses and the production of such books,
papers, and documents;
(3) To administer oaths.--To administer such
oaths; and
(4) To take testimony.--To take such
testimony;
as it deems advisable.
(c) To procure printing and binding
The Joint Committee, or any subcommittee thereof, is
authorized to have such printing and binding done as it
deems advisable.
(d) To make expenditures
The Joint Committee, or any subcommittee thereof, is
authorized to make such expenditures as it deems advisable.
(e) Investigations
The Joint Committee shall review all requests (other
than requests by the chairman or ranking member of a
committee or subcommittee) for investigations of the
Internal Revenue Service by the Government Accountability
Office, and approve such requests when appropriate, with a
view towards eliminating overlapping investigations,
ensuring that the Government Accountability Office has the
capacity to handle the investigation, and ensuring that
investigations focus on areas of primary importance to tax
administration.
(f) Relating to joint reviews
(1) In general.--The Chief of Staff, and the
staff of the Joint Committee, shall provide such
assistance as is required for joint reviews
described in paragraph (2).
(2) Joint reviews.--Before June 1 of each
calendar year after 1998 and before 2005, there
shall be a joint review of the strategic plans
[[Page 965]]
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.)
1164 Sec. 8022. Duties.
It shall be the duty of the Joint Committee--
(1) Investigation--
(A) Operation and effects of law.--To
investigate the operation and effects of the
Federal system of internal revenue taxes;
(B) Administration.--To investigate the
administration of such taxes by the Internal
Revenue Service or any executive department,
establishment, or agency charged with their
administration; and
(C) Other investigations.--To make such
other investigations in respect of such
system of taxes as the Joint Committee may
deem necessary.
(2) Simplification of law--
(A) Investigation of methods.--To
investigate measures and methods for the
simplification of such taxes, particularly
the income tax; and
(B) Publication of proposals.--To
publish, from time to time, for public
examination and analysis, proposed measures
and methods for the simplification of such
taxes.
(3) Reports--
(A) To report, from time to time, to the
Committee on Finance and the Committee on
Ways and Means, and, in its discretion, to
the Senate or House of Representatives, or
both, the results of its investigations,
together with such recommendations as it may
deem advisable.
(B) Subject to amounts specifically
appropriated to carry out this subparagraph,
to report, at least once each Congress, to
the Committee on Finance and the Committee
on Ways and Means on the overall state of
the Federal tax system, together with
recommendations with respect to possible
simplification proposals and other matters
relating to the administration of the
Federal tax system as it may deem advisable.
(C) To report, for each calendar year
after 1998 and before 2005, to the
Committees on Finance, Appropriations, and
Governmental Affairs of the Senate, and to
the Committees on Ways and Means,
Appropriations, and Government Reform and
Oversight of the House of Representatives,
with respect to the matter addressed in the
joint review referred to in section
8021(f)(2).
[[Page 966]]
(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.)
1165 Sec. 8023. Additional powers to obtain data.
(a) Securing of data
The Joint Committee or the Chief of Staff of the Joint
Committee, upon approval of the Chairman or Vice Chairman,
is authorized to secure directly from the Internal Revenue
Service or the office of the Chief Counsel for the Internal
Revenue Service, or directly from any executive department,
board, bureau, agency, independent establishment, or
instrumentality of the Government, information, suggestions,
rulings, data, estimates, and statistics, for the purpose of
making investigations, reports, and studies relating to
internal revenue taxation. In the investigation by the Joint
Committee on Taxation of the administration of the internal
revenue taxes by the Internal Revenue Service, the Chief of
Staff of the Joint Committee on Taxation is authorized to
secure directly from the Internal Revenue Service such tax
returns, or copies of tax returns, and other relevant
information, as the Chief of Staff deems necessary for such
investigation, and the Internal Revenue Service is
authorized and directed to furnish such tax returns and
information to the Chief of Staff together with a brief
report, with respect to each return, as to any action taken
or proposed to be taken by the Service as a result of any
audit of the return.
(b) Furnishing of data
The Internal Revenue Service, the office of the Chief
Counsel for the Internal Revenue Service, executive
departments, boards, bureaus, agencies, independent
establishments, and instrumentalities are authorized and
directed to furnish such information, suggestions, rulings,
data, estimates, and statistics directly to the Joint
Committee or to the Chief of Staff of the Joint Committee,
upon request made pursuant to this section.
(c) Application of subsections (a) and (b)
Subsections (a) and (b) shall be applied in accordance
with their provisions without regard to any reorganization
plan becoming effective on, before, or after the date of the
enactment of this subsection. (Aug. 16, 1954, ch. 736, 68A
Stat. 928; Sept. 22, 1959, Pub.L. 86-368, Sec. 2(b), 73
Stat. 648; Oct. 4, 1976, Pub.L. 94-455, Sec. Sec. 1210(c),
1907(a)(4), 90 Stat. 1711, 1835.)
[[Page 967]]
SUBTITLE H.--FINANCING OF PRESIDENTIAL ELECTION CAMPAIGNS
Chapter 95.--PRESIDENTIAL ELECTION CAMPAIGN FUND
* * * * * * *
1166 Sec. 9009. Reports to Congress; regulations.
(a) Reports
The Commission shall, as soon as practicable after each
presidential election, submit a full report to the Senate
and House of Representatives setting forth--
(1) the qualified campaign expenses (shown
in such detail as the Commission determines
necessary) incurred by the candidates of each
political party and their authorized committees;
(2) the amounts certified by it under
section 9005 for payment to the eligible
candidates for each political party;
(3) the amount of payments, if any, required
from such candidates under section 9007, and the
reasons for each payment required;
(4) the expenses incurred by the national
committee of a major party or minor party with
respect to a presidential nominating convention;
(5) the amounts certified by it under
section 9008(g) for payment to each such
committee; and
(6) the amount of payments, if any, required
from such committees under section 9008(h), and
the reasons for each such payment.
Each report submitted pursuant to this section shall be
printed as a Senate document.
(b) Regulations, etc.
The Commission is authorized to prescribe such rules and
regulations in accordance with the provisions of subsection
(c), to conduct such examinations and audits (in addition to
the examinations and audits required by section 9007(a)), to
conduct such investigations, and to require the keeping and
submission of such books, records, and information, as it
deems necessary to carry out the functions and duties
imposed on it by this chapter.
(c) Review of regulations
(1) The Commission, before prescribing any rule or
regulation under subsection (b), shall transmit a statement
with respect to such rule or regulation to the Senate and to
the House of Representatives, in accordance with the
provisions of this subsection. Such statement shall set
forth the proposed rule or regulation and shall contain a
detailed explanation and justification of such rule or
regulation.
(2) If either such House does not, through appropriate
action, disapprove the proposed rule or regulation set forth
in such statement no later than 30 legislative days after
receipt of such statement, then the Commission may prescribe
such rule or regulation. Whenever a committee of the House
of Representatives reports any resolution relating to any
such rule or regulation, it is at any time thereafter in
order (even though a previous motion to the same effect has
been disagreed to) to move to proceed to the consideration
of the resolution. The motion is highly privileged and is
not debatable. An amendment to the motion
[[Page 968]]
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
* * * * * * *
1167 Sec. 9039. Reports to Congress; regulations.
(a) Reports
The Commission shall, as soon as practicable after each
matching payment period, submit a full report to the Senate
and House of Representatives setting forth--
(1) the qualified campaign expenses (shown
in such detail as the Commission determines
necessary) incurred by the candidates of each
political party and their authorized committees,
(2) the amounts certified by it under
section 9036 for payment to each eligible
candidate, and
(3) the amount of payments, if any, required
from candidates under section 9038, and the
reasons for each payment required.
Each report submitted pursuant to this section shall be
printed as a Senate document.
(b) Regulations, etc.
The Commission is authorized to prescribe rules and
regulations in accordance with the provisions of subsection
(c), to conduct examinations and audits (in addition to the
examinations and audits required by section 9038(a)), to
conduct investigations, and to require the keeping and
submission of any books, records, and information, which it
determines to be necessary to carry out its responsibilities
under this chapter.
(c) Review of regulations
(1) The Commission, before prescribing any rule or
regulation under subsection (b), shall transmit a statement
with respect to such rule or regulation to the Senate and to
the House of Representatives, in accordance with the
provisions of this subsection. Such statement shall set
forth the proposed rule or regulation and shall contain a
detailed explanation and justification of such rule or
regulation.
(2) If either such House does not, through appropriate
action, disapprove the proposed rule or regulation set forth
in such statement no later than 30 legislative days after
receipt of such statement, then the Commission may prescribe
such rule or regulation. Whenever a committee of the House
of Representatives reports any resolution relat
[[Page 969]]
ing to any such rule or regulation, it is at any time
thereafter in order (even though a previous motion to the
same effect has been disagreed to) to move to proceed to the
consideration of the resolution. The motion is highly
privileged and is not debatable. An amendment to the motion
is not in order, and it is not in order to move to
reconsider the vote by which the motion is agreed to or
disagreed to. The Commission may not prescribe any rule or
regulation which is disapproved by either such House under
this paragraph.
(3) For purposes of this subsection, the term
``legislative days'' does not include any calendar day on
which both Houses of the Congress are not in session.
(4) For purposes of this subsection, the term ``rule or
regulation'' means a provision or series of interrelated
provisions stating a single separable rule of law. (Oct. 15,
1974, Pub.L. 93-443, Sec. 408(c), 88 Stat. 1301; May 11,
1976, Pub.L. 94-283, Sec. 304(b), 90 Stat. 499.)
* * * * * * *
SUBTITLE I.--TRUST FUND CODE
Chapter 98.--TRUST FUND CODE
* * * * * * *
Subchapter B.--General Provisions
* * * * * * *
1168 Sec. 9602. Management of Trust Funds.
(a) Report
It shall be the duty of the Secretary of the Treasury to
hold each Trust Fund established by subchapter A, and (after
consultation with any other trustees of the Trust Fund) to
report to the Congress each year on the financial condition
and the results of the operations of each such Trust Fund
during the preceding fiscal year and on its expected
condition and operations during the next 5 fiscal years.
Such report shall be printed as a House document of the
session of the Congress to which the report is made. (Dec.
29, 1981, Pub.L. 97-119, Sec. 103(a), 95 Stat. 1638.)
28 u.s.c.--judiciary and judicial procedure
general and permanent laws relating to the senate
[[Page 970]]
TITLE 28.--JUDICIARY AND JUDICIAL PROCEDURE
Chapter 85.--DISTRICT COURTS; JURISDICTION
1170 Sec. 1365. Senate actions.
(a) The United States District Court for the District of
Columbia shall have original jurisdiction, without regard to
the amount in controversy, over any civil action brought by
the Senate or any authorized committee or subcommittee of
the Senate to enforce, to secure a declaratory judgment
concerning the validity of, or to prevent a threatened
refusal or failure to comply with, any subpena or order
issued by the Senate or committee or subcommittee of the
Senate to any entity acting or purporting to act under color
or authority of State law or to any natural person to secure
the production of documents or other materials of any kind
or the answering of any deposition or interrogatory or to
secure testimony or any combination thereof. This section
shall not apply to an action to enforce, to secure a
declaratory judgment concerning the validity of, or to
prevent a threatened refusal to comply with, any subpena or
order issued to an officer or employee of the executive
branch of the Federal Government acting within his or her
official capacity, except that this section shall apply if
the refusal to comply is based on the assertion of a
personal privilege or objection and is not based on a
governmental privilege or objection the assertion of which
has been authorized by the executive branch of the Federal
Government.
(b) Upon application by the Senate or any authorized
committee or subcommittee of the Senate, the district court
shall issue an order to an entity or person refusing, or
failing to comply with, or threatening to refuse or not to
comply with, a subpena or order of the Senate or committee
or subcommittee of the Senate requiring such entity or
person to comply forthwith. Any refusal or failure to obey a
lawful order of the district court issued pursuant to this
section may be held by such court to be a contempt thereof.
A contempt proceeding shall be commenced by an order to show
cause before the court why the entity or person refusing or
failing to obey the court order should not be held in
contempt of court. Such contempt proceeding shall be tried
by the court and shall be summary in manner. The purpose of
sanctions imposed as a result of such contempt proceeding
shall be to compel obedience to the order of the court.
Process in any such action or contempt proceeding may be
served in any judicial district wherein the entity or party
refusing, or failing to comply, or threatening to refuse or
not to comply, resides, transacts business, or may be found,
and subpenas for witnesses who are required to attend such
proceeding may run into any other district. Nothing in this
section shall confer upon such court jurisdiction to affect
by injunction or otherwise the issuance or effect of any
subpena or order of the Senate or any committee or
subcommittee of the Senate or to review, modify, suspend,
terminate, or set aside any such subpena or order. An
action, contempt proceeding, or sanction brought or imposed
pursuant to this section shall not abate
[[Page 971]]
upon adjournment sine die by the Senate at the end of a
Congress if the Senate or the committee or subcommittee of
the Senate which issued the subpena or order certifies to
the court that it maintains its interest in securing the
documents, answers, or testimony during such adjournment.
(c) Repealed (Pub.L. 98-620, Title IV, Sec. 402(29)(D),
Nov. 8, 1984, 98 Stat. 3359).
(d) The Senate or any committee or subcommittee of the
Senate commencing and prosecuting a civil action or contempt
proceeding under this section may be represented in such
action by such attorneys as the Senate may designate.
(e) A civil action commenced or prosecuted under this
section, may not be authorized pursuant to the Standing
Order of the Senate ``authorizing suits by Senate
Committees'' (S. Jour. 572, May 28, 1928).
(f) For the purposes of this section the term
``committee'' includes standing, select, or special
committees of the Senate established by law or resolution.
(Added Pub.L. 95-521, Title VII, Sec. 705(f)(1), Oct. 26,
1978, 92 Stat. 1879, Sec. 1364, and amended Pub.L. 98-620,
Title IV, Sec. 402(29)(D), Nov. 8, 1984, 98 Stat. 3359;
renumbered Sec. 1365, Pub.L. 99-336, Sec. 6(a)(1)(B), June
19, 1986, 100 Stat. 638; Pub.L. 104-292, Sec. 4, Oct. 11,
1996, 110 Stat. 3460.)
Chapter 91.--UNITED STATES COURT OF FEDERAL CLAIMS
1171 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
1172 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
1173 Sec. 2076. Repealed (Pub.L. 100-702, Sec. 401(c), 102 Stat.
4650).
Chapter 165.--UNITED STATES COURT OF FEDERAL CLAIMS
PROCEDURE
1174 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.
[[Page 972]]
(b) Proceedings in a congressional reference case shall
be under rules and regulations prescribed for the purpose by
the chief judge who is hereby authorized and directed to
require the application of the pertinent rules of practice
of the Court of Federal Claims insofar as feasible. Each
hearing officer and each review panel shall have authority
to do and perform any acts which may be necessary or proper
for the efficient performance of their duties, including the
power of subpena and the power to administer oaths and
affirmations. None of the rules, rulings, findings, or
conclusions authorized by this section shall be subject to
judicial review.
(c) The hearing officer to whom a congressional
reference case is assigned by the chief judge shall proceed
in accordance with the applicable rules to determine the
facts, including facts relating to delay or laches, facts
bearing upon the question whether the bar of any statute of
limitation should be removed, or facts claimed to excuse the
claimant for not having resorted to any established legal
remedy. He shall append to his findings of fact conclusions
sufficient to inform Congress whether the demand is a legal
or equitable claim or a gratuity, and the amount, if any,
legally or equitably due from the United States to the
claimant.
(d) The findings and conclusions of the hearing officer
shall be submitted by him, together with the record in the
case, to the review panel for review by it pursuant to such
rules as may be provided for the purpose, which shall
include provision for submitting the report of the hearing
officer to the parties for consideration, exception, and
argument before the panel. The panel, by majority vote,
shall adopt or modify the findings or the conclusions of the
hearing officer.
(e) The panel shall submit its report to the chief judge
for transmission to the appropriate House of Congress.
(f) Any act or failure to act or other conduct by a
party, a witness, or an attorney which would call for the
imposition of sanctions under the rules of practice of the
Court of Federal Claims shall be noted by the panel or the
hearing officer at the time of occurrence thereof and upon
failure of the delinquent or offending party, witness, or
attorney to make prompt compliance with the order of the
panel or the hearing officer a full statement of the
circumstances shall be incorporated in the report of the
panel.
(g) The Court of Federal Claims is hereby authorized and
directed, under such regulations as it may prescribe, to
provide the facilities and services of the office of the
clerk of the court for the filing, processing, hearing, and
dispatch of congressional reference cases and to include
within its annual appropriations the costs thereof and other
costs of administration, including (but without limitation
to the items herein listed) the salaries and traveling
expenses of the judges serving as hearing officers and panel
members, mailing and service of process, necessary physical
facilities, equipment, and supplies, and personnel
(including secretaries and law clerks). (Oct. 15, 1966,
Pub.L. 89-681, Sec. 2, 80 Stat. 958; April 2, 1982, Pub.L.
97-164, Title I, Sec. 139(h), 96 Stat. 42; Oct. 29, 1992,
Pub.L. 102-572, Title IX, Sec. 902(a), 106 Stat. 4516.)
31 u.s.c.--money and finance
general and permanent laws relating to the senate
[[Page 973]]
TITLE 31.--MONEY AND FINANCE
Chapter 7.--GENERAL ACCOUNTING OFFICE
1180 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.)
1181 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.)
1182 Sec. 717. Evaluating programs and activities of the United
States Government.
(a) In this section, ``agency'' means a department,
agency, or instrumentality of the United States Government
(except a mixed-ownership Government corporation) or the
District of Columbia government.
(b) The Comptroller General shall evaluate the results
of a program or activity the Government carries out under
existing law--
(1) on the initiative of the Comptroller
General;
(2) when either House of Congress orders an
evaluation; or
(3) when a committee of Congress with
jurisdiction over the program or activity
requests the evaluation.
(c) The Comptroller General shall develop and recommend
to Congress ways to evaluate a program or activity the
Government carries out under existing law.
[[Page 974]]
(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.)
1183 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.)
1184 Sec. 719. Comptroller General reports.
(a) At the beginning of each regular session of
Congress, the Comptroller General shall report to Congress
(and to the President when requested by the President) on
the work of the Comptroller General. A report shall include
recommendations on--
[[Page 975]]
(1) legislation the Comptroller General
considers necessary to make easier the prompt
and accurate making and settlement of accounts;
and
(2) other matters related to the receipt,
disbursement, and use of public money the
Comptroller General considers advisable.
(b)(1) The Comptroller General shall include in the
report to Congress under subsection (a) of this section--
(A) a review of activities under sections
717(b)-(d) and 731(e)(2) of this title,
including recommendations under section 717(c)
of this title;
(B) information on carrying out duties and
powers of the Comptroller General under clauses
(A) and (C) of this paragraph, subsections (g)
and (h) of this section, and sections 717,
731(e)(2), 734, 1112, and 1113 of this title;
and
(C) the name of each officer and employee of
the Government Accountability Office assigned or
detailed to a committee of Congress, the
committee to which the officer or employee is
assigned or detailed, the length of the period
of assignment or detail, a statement on whether
the assignment or detail is finished or
continuing, and compensation paid out of
appropriations available to the Comptroller
General for the period of the assignment or
detail that has been completed.
(2) In a report under subsection (a) of this section or
in a special report to Congress when Congress is in session,
the Comptroller General shall include recommendations on
greater economy and efficiency in public expenditures.
(3) The report under subsection (a) shall also include a
statement of the staff hours and estimated cost of work
performed on audits, evaluations, investigations, and
related work during each of the three fiscal years preceding
the fiscal year in which the report is submitted, stated
separately for each division of the Government
Accountability Office by category as follows:
(A) A category for work requested by the
chairman of a committee of Congress, the
chairman of a subcommittee of such a committee,
or any other Member of Congress.
(B) A category for work required by law to
be performed by the Comptroller General.
(C) A category for work initiated by the
Comptroller General in the performance of the
Comptroller General's general responsibilities.
(c) The Comptroller General shall report to Congress--
(1) specially on expenditures and contracts
an agency makes in violation of law;
(2) on the adequacy and effectiveness of--
(A) administrative audits of accounts
and claims in an agency; and
(B) inspections by an agency of offices
and accounts of fiscal officials; and
(3) as frequently as practicable on audits
carried out under sections 713 and 714 of this
title.
(d) The Comptroller General shall report on analyses
carried out under section 712(3) of this title to the
Committees on Governmental Affairs and Appropriations of the
Senate, the Committees on Government Oper
[[Page 976]]
ations and Appropriations of the House, and the committees
with jurisdiction over legislation related to the operation
of each executive agency.
(e) The Comptroller General shall give the President
information on expenditures and accounting the President
requests.
(f) When the Comptroller General submits a report to
Congress, the Comptroller General shall deliver copies of
the report to--
(1) the Committees on Governmental Affairs
and Appropriations of the Senate;
(2) the Committees on Government Operations
and Appropriations of the House;
(3) a committee of Congress that requested
information on any part of a program or activity
of a department, agency, or instrumentality of
the United States Government (except a mixed-
ownership Government corporation) or the
District of Columbia government that is the
subject of any part of a report; and
(4) any other committee of Congress
requesting a copy.
(g)(1) The Comptroller General shall prepare--
(A) each month a list of reports issued
during the prior month; and
(B) at least once each year a list of
reports issued during the prior 12 months.
(2) A copy of each list shall be sent to each committee
of Congress and each member of Congress. On request, the
Comptroller General promptly shall provide a copy of a
report to a committee or member.
(h) On request of a committee of Congress, the
Comptroller General shall explain to and discuss with the
committee or committee staff a report the Comptroller
General makes that would help the committee--
(1) evaluate a program or activity of an
agency within the jurisdiction of the committee;
or
(2) in its consideration of proposed
legislation.
[(i) Redesignated (h)]
(As amended Pub.L. 104-316, Title I, Sec. 115(b), Oct. 19,
1996, 110 Stat. 3834; Pub.L. 105-85, Div. A, Title X,
Sec. 1044, Nov. 18, 1997, 111 Stat. 1887; Pub.L. 108-271,
Sec. 8(b), July 7, 2004, 118 Stat. 814.)
1185 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.)
1186 Sec. 734. Assignments and details to Congress.
The Comptroller General may assign or detail an officer
or employee of the Government Accountability Office to full-
time continuous duty
[[Page 977]]
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
1187 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.)
1188 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.)
1189 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.)
1190 Sec. 1104. Budget and appropriations authority of the
President.
(a) The President shall prepare budgets of the United
States Government under section 1105 of this title and
proposed deficiency and supplemental appropriations under
section 1107 of this title. To the extent practicable, the
President shall use uniform terms in stating the purposes
and conditions of appropriations.
(b) Except as provided in this chapter, the President
shall prescribe the contents and order of statements in the
budget on expenditures and estimated expenditures and
statements on proposed appropriations and information
submitted with the budget and proposed appropriations. The
President shall include with the budget and proposed
appropriations information on personnel and other objects of
expenditure in the way that information was included in the
budget for fiscal year 1950. However, the requirement that
information be included in the budget in that way may be
waived or changed by joint action of the Committees on
Appropriations of both Houses of Congress. This subsection
does not limit the authority of a committee of Congress to
request information in a form it prescribes.
(c) When the President makes a basic change in the form
of the budget, the President shall submit with the budget
information showing where items in the budget for the prior
fiscal year are contained in the present budget. However,
the President may change the functional
[[Page 978]]
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.)
1191 Sec. 1105. Budget contents and submission to Congress.
(a) On or after the first Monday in January but not
later than the first Monday in February of each year, the
President shall submit a budget of the United States
Government for the following fiscal year. Each budget shall
include a budget message and summary and supporting
information. The President shall include in each budget the
following:
(1) information on activities and functions
of the Government.
(2) when practicable, information on costs
and achievements of Government programs.
(3) other desirable classifications of
information.
(4) a reconciliation of the summary
information on expenditures with proposed
appropriations.
(5) except as provided in subsection (b) of
this section, estimated expenditures and
proposed appropriations the President decides
are necessary to support the Government in the
fiscal year for which the budget is submitted
and the 4 fiscal years after that year.
(6) estimated receipts of the Government in
the fiscal year for which the budget is
submitted and the 4 fiscal years after that year
under--
(A) laws in effect when the budget is
submitted; and
(B) proposals in the budget to increase
revenues.
(7) appropriations, expenditures, and
receipts of the Government in the prior fiscal
year.
(8) estimated expenditures and receipts, and
appropriations and proposed appropriations, of
the Government for the current fiscal year.
(9) balanced statements of the--
(A) condition of the Treasury at the end
of the prior fiscal year;
(B) estimated condition of the Treasury
at the end of the current fiscal year; and
(C) estimated condition of the Treasury
at the end of the fiscal year for which the
budget is submitted if financial proposals
in the budget are adopted.
(10) essential information about the debt of
the Government.
(11) other financial information the
President decides is desirable to explain in
practicable detail the financial condition of
the Government.
[[Page 979]]
(12) for each proposal in the budget for
legislation that would establish or expand a
Government activity or function, a table
showing--
(A) the amount proposed in the budget
for appropriation and for expenditure
because of the proposal in the fiscal year
for which the budget is submitted; and
(B) the estimated appropriation required
because of the proposal for each of the 4
fiscal years after that year that the
proposal will be in effect.
(13) an allowance for additional estimated
expenditures and proposed appropriations for the
fiscal year for which the budget is submitted.
(14) an allowance for unanticipated
uncontrollable expenditures for that year.
(15) a separate statement on each of the
items referred to in section 301(a)(1)-(5) of
the Congressional Budget Act of 1974 (2 U.S.C.
632(a)(1)-(5)).
(16) the level of tax expenditures under
existing law in the tax expenditures budget (as
defined in section 3(a)(3) of the Congressional
Budget Act of 1974 (2 U.S.C. 622(a)(3)) for the
fiscal year for which the budget is submitted,
considering projected economic factors and
changes in the existing levels based on
proposals in the budget.
(17) information on estimates of
appropriations for the fiscal year following the
fiscal year for which the budget is submitted
for grants, contracts, and other payments under
each program for which there is an authorization
of appropriations for that following fiscal year
when the appropriations are authorized to be
included in an appropriation law for the fiscal
year before the fiscal year in which the
appropriation is to be available for obligation.
(18) a comparison of the total amount of
budget outlays for the prior fiscal year,
estimated in the budget submitted for that year,
for each major program having relatively
uncontrollable outlays with the total amount of
outlays for that program in that year.
(19) a comparison of the total amount of
receipts for the prior fiscal year, estimated in
the budget submitted for that year, with
receipts received in that year, and for each
major source of receipts, a comparison of the
amount of receipts estimated in that budget with
the amount of receipts from that source in that
year.
(20) an analysis and explanation of the
differences between each amount compared under
clauses (18) and (19) of this subsection.
(21) a horizontal budget showing--
(A) the programs for meteorology and of
the National Climate Program established
under section 5 of the National Climate
Program Act (15 U.S.C. 2904);
(B) specific aspects of the program of,
and appropriations for, each agency; and
(C) estimated goals and financial
requirements.
(22) a statement of budget authority,
proposed budget authority, budget outlays, and
proposed budget outlays, and descriptive
information in terms of--
[[Page 980]]
(A) a detailed structure of national
needs that refers to the missions and
programs of agencies (as defined in section
101 of this title); and
(B) the missions and basic programs.
(23) separate appropriation accounts for
appropriations under the Occupational Safety and
Health Act of 1970 (29 U.S.C. 651 et seq.) and
the Federal Mine Safety and Health Act of 1977
(30 U.S.C. 801 et seq.).
(24) recommendations on the return of
Government capital to the Treasury by a mixed-
ownership corporation (as defined in section
9101(2) of this title) that the President
decides are desirable.
(25) a separate appropriation account for
appropriations for each Office of Inspector
General of an establishment defined under
section 11(2) of the Inspector General Act of
1978.
(26) a separate statement of the amount of
appropriations requested for the Office of
National Drug Control Policy and each program of
the National Drug Control Program.
(27) a separate statement of the amount of
appropriations requested for the Office of
Federal Financial Management.
(28) beginning with fiscal year 1999, a
Federal Government performance plan for the
overall budget as provided for under section
1115.
(29) information about the Violent Crime
Reduction Trust Fund, including a separate
statement of amounts in that Trust Fund.
(30) an analysis displaying, by agency,
proposed reductions in full-time equivalent
positions compared to the current year's level
in order to comply with section 5 of the Federal
Workforce Restructuring Act of 1994.
(31) a separate statement of the amount of
appropriations requested for the Chief Financial
Officer in the Executive Office of the
President.
(32) a statement of the levels of budget
authority and outlays for each program assumed
to be extended in the baseline as provided in
section 257(b)(2)(A) and for excise taxes
assumed to be extended under section
257(b)(2)(C) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
(33) a separate appropriation account for
appropriations for the Inspectors General
Criminal Investigator Academy and the Inspectors
General Forensic Laboratory of the Department of
the Treasury.
(33)(A)(i) a detailed, separate analysis, by
budget function, by agency, and by initiative
area (as determined by the administration) for
the prior fiscal year, the current fiscal year,
the fiscal years for which the budget is
submitted, and the ensuing fiscal year
identifying the amounts of gross and net
appropriations or obligational authority and
outlays that contribute to homeland security,
with separate displays for mandatory and
discretionary amounts, including--
(I) summaries of the total amount of
such appropriations or new obligational
authority and outlays requested for homeland
security;
(II) an estimate of the current service
levels of homeland security spending;
[[Page 981]]
(III) the most recent risk assessment
and summary of homeland security needs in
each initiative area (as determined by the
administration); and
(IV) an estimate of user fees collected
by the Federal Government on behalf of
homeland security activities;
(ii) with respect to subclauses (I) through
(IV) of clause (i), amounts shall be provided by
account for each program, project and activity;
and
(iii) an estimate of expenditures for
homeland security activities by State and local
governments and the private sector for the prior
fiscal year and the current fiscal year.
(B) In this paragraph, consistent with the
Office of Management and Budget's June 2002
``Annual Report to Congress on Combatting
Terrorism'', the term ``homeland security''
refers to those activities that detect, deter,
protect against, and response to terrorist
attacks occurring within the United States and
its territories.
(C) In implementing this paragraph,
including determining what Federal activities or
accounts constitute homeland security for
purposes of budgetary classification, the Office
of Management and Budget is directed to consult
periodically, but at least annually, with the
House and Senate Budget Committees, the House
and Senate Appropriations Committees, and the
Congressional Budget Office.
(34) with respect to the amount of
appropriations requested for use by the Export-
Import Bank of the United States, a separate
statement of the amount requested for its
program budget, the amount requested for its
administrative expenses, and of the amount
requested for its administrative expenses, the
amount requested for technology expenses.
(b) Estimated expenditures and proposed appropriations
for the legislative branch and the judicial branch to be
included in each budget under subsection (a)(5) of this
section shall be submitted to the President before October
16 of each year and included in the budget by the President
without change.
(c) The President shall recommend in the budget
appropriate action to meet an estimated deficiency when the
estimated receipts for the fiscal year for which the budget
is submitted (under laws in effect when the budget is
submitted) and the estimated amounts in the Treasury at the
end of the current fiscal year available for expenditure in
the fiscal year for which the budget is submitted, are less
than the estimated expenditures for that year. The President
shall make recommendations required by the public interest
when the estimated receipts and estimated amounts in the
Treasury are more than the estimated expenditures.
(d) When the President submits a budget or supporting
information about a budget, the President shall include a
statement on all changes about the current fiscal year that
were made before the budget or information was submitted.
(e)(1) The President shall submit with materials related
to each budget transmitted under subsection (a) on or after
January 1, 1985, an analysis for the ensuing fiscal year
that shall identify requested appropriations or new
obligational authority and outlays for each major program
that may be classified as a public civilian capital
investment program and
[[Page 982]]
for each major program that may be classified as a military
capital investment program, and shall contain summaries of
the total amount of such appropriations or new obligational
authority and outlays for public civilian capital investment
programs and summaries of the total amount of such
appropriations or new obligational authority and outlays for
military capital investment programs. In addition, the
analysis under this paragraph shall contain--
(A) an estimate of the current service
levels of public civilian capital investment and
of military capital investment and alternative
high and low levels of such investments over a
period of ten years in current dollars and over
a period of five years in constant dollars;
(B) the most recent assessment analysis and
summary, in a standard format, of public
civilian capital investment needs in each major
program area over a period of ten years;
(C) an identification and analysis of the
principal policy issues that affect estimated
public civilian capital investment needs for
each major program; and
(D) an identification and analysis of
factors that affect estimated public civilian
capital investment needs for each major program,
including but not limited to the following
factors:
(i) economic assumptions;
(ii) engineering standards;
(iii) estimates of spending for
operation and maintenance;
(iv) estimates of expenditures for
similar investments by State and local
governments; and
(v) estimates of demand for public
services derived from such capital
investments and estimates of the service
capacity of such investments.
To the extent that any analysis required by this
paragraph relates to any program for which Federal
financial assistance is distributed under a formula
prescribed by law, such analysis shall be organized
by State and within each State by major metropolitan
area if data are available.
(2) For purposes of this subsection, any appropriation,
new obligational authority, or outlay shall be classified as
a public civilian capital investment to the extent that such
appropriation, authority, or outlay will be used for the
construction, acquisition, or rehabilitation of any physical
asset that is capable of being used to produce services or
other benefits for a number of years and is not classified
as a military capital investment under paragraph (3). Such
assets shall include (but not be limited to)--
(A) roadways or bridges,
(B) airports or airway facilities,
(C) mass transportation systems,
(D) wastewater treatment or related
facilities,
(E) water resources projects,
(F) hospitals,
(G) resource recovery facilities,
(H) public buildings,
(I) space or communications facilities,
(J) railroads, and
(K) federally assisted housing.
[[Page 983]]
(3) For purposes of this subsection, any appropriation,
new obligational authority, or outlay shall be classified as
a military capital investment to the extent that such
appropriation, authority, or outlay will be used for the
construction, acquisition, or rehabilitation of any physical
asset that is capable of being used to produce services or
other benefits for purposes of national defense and security
for a number of years. Such assets shall include military
bases, posts, installations, and facilities.
(4) Criteria and guidelines for use in the
identification of public civilian and military capital
investments, for distinguishing between public civilian and
military capital investments, and for distinguishing between
major and nonmajor capital investment programs shall be
issued by the Director of the Office of Management and
Budget after consultation with the Comptroller General and
the Congressional Budget Office. The analysis submitted
under the subsection shall be accompanied by an explanation
of such criteria and guidelines.
(5) For purposes of this subsection--
(A) the term ``construction'' includes the
design, planning, and erection of new structures
and facilities, the expansion of existing
structures and facilities, the reconstruction of
a project at an existing site or adjacent to an
existing site, and the installation of initial
and replacement equipment for such structures
and facilities;
(B) the term ``acquisition'' includes the
addition of land, sites, equipment, structures,
facilities, or rolling stock by purchase, lease-
purchase, trade, or donation; and
(C) the term ``rehabilitation'' includes the
alteration of or correction of deficiencies in
an existing structure or facility so as to
extend the useful life or improve the
effectiveness of the structure or facility, the
modernization or replacement of equipment at an
existing structure or facility, and the
modernization of, or replacement of parts for,
rolling stock.
(f)\1\ The budget transmitted pursuant to subsection (a)
for a fiscal year shall be prepared in a manner consistent
with the requirements of the Balanced Budget and Emergency
Deficit Control Act of 1985 that apply to that and
subsequent fiscal years.
\1\Subsection (f) expired on September 30, 2002,
pursuant to section 275(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900
note).
(g)(1) The Director of the Office of Management and
Budget shall establish the funding for advisory and
assistance services for each department and agency as a
separate object class in each budget annually submitted to
the Congress under this section.
(2)(A) In paragraph (1), except as provided in
subparagraph (B), the term ``advisory and assistance
services'' means the following services when provided by
nongovernmental sources:
(i) Management and professional support
services.
(ii) Studies, analyses, and evaluations.
(iii) Engineering and technical services.
(B) In paragraph (1), the term ``advisory and assistance
services'' does not include the following services:
(i) Routine automated data processing and
telecommunications services unless such services
are an integral part of a contract for the
procurement of advisory and assistance services.
[[Page 984]]
(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.)
1192 Sec. 1106. Supplemental budget estimates and changes.
(a) Before July 16 of each year, the President shall
submit to Congress a supplemental summary of the budget for
the fiscal year for which the budget is submitted under
section 1105(a) of this title. The summary shall include--
(1) for that fiscal year--
(A) substantial changes in or
reappraisals of estimates of expenditures
and receipts;
(B) substantial obligations imposed on
the budget after its submission;
(C) current information on matters
referred to in section 1105(a) (8) and (9)
(B) and (C) of this title; and
(D) additional information the President
decides is advisable to provide Congress
with complete and current information
[[Page 985]]
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.)
1193 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.)
1194 Sec. 1108. Preparation and submission of appropriations
requests to the President.
(a) In this section (except subsections (b)(1) and (e)),
``agency'' means a department, agency, or instrumentality of
the United States Government.
(b)(1) The head of each agency shall prepare and submit
to the President each appropriation request for the agency.
The request shall be prepared and submitted in the form
prescribed by the President under this chapter and by the
date established by the President. When the head of an
agency does not submit a request by that date, the President
shall prepare the request for the agency to be included in
the budget or changes in the budget or as deficiency and
supplemental appropriations. The President may change agency
appropriation requests. Agency appropriation requests shall
be developed from cost-based budgets in the way and at times
prescribed by the President. The head of the agency shall
use the cost-based budget to administer the agency and to
divide appropriations or amounts.
[[Page 986]]
(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.)
1195 Sec. 1109. Current programs and activities estimates.
(a) On or before the first Monday after January 3 of
each year (on or before February 5 in 1986), the President
shall submit to both Houses of Congress the estimated budget
outlays and proposed budget authority that would be included
in the budget for the following fiscal year if programs and
activities of the United States Government were carried on
during that year at the same level as the current fiscal
year without a change in policy. The President shall state
the estimated budget outlays and proposed budget authority
by function and subfunction under the classifications in the
budget summary table under the heading ``Budget Authority
and Outlays by Function and Agency'', by major programs in
each function, and by agency. The President shall also
include a statement of the economic and program assumptions
on which those budget outlays and budget authority are
based, including inflation, real
[[Page 987]]
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.)
1196 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.)
1197 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.)
1198 Sec. 1112. Fiscal, budget, and program information.
(a) In this section, ``agency'' means a department,
agency, or instrumentality of the United States Government
except a mixed/ownership Government corporation.
(b) In cooperation with the Comptroller General, the
Secretary of the Treasury and the Director of the Office of
Management and Budget shall establish and maintain standard
data processing and information systems for fiscal, budget,
and program information for use by agencies to meet the
needs of the Government, and to the extent practicable, of
State and local governments.
(c) The Comptroller General--
(1) in cooperation with the Secretary, the
Director of the Office of Management and Budget,
and the Director of the Congressional Budget
Office, shall establish, maintain, and publish
standard terms and classifications for fiscal,
budget, and program information of the
Government, including information on fiscal
policy, receipts, expenditures, program,
projects, activities, and functions;
(2) when advisable, shall report to Congress
on those terms and classifications, and
recommend legislation necessary to promote the
establishment, maintenance, and use of standard
terms and classifications by the executive
branch of the Government; and
[[Page 988]]
(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.)
1199 Sec. 1113. Congressional information.
(a)(1) When requested by a committee of Congress having
jurisdiction over receipts or appropriations, the President
shall provide the committee with assistance and information.
(2) When requested by a committee of Congress,
additional information related to the amount of an
appropriation originally requested by an Office of Inspector
General shall be submitted to the committee.
(b) When requested by a committee of Congress, by the
Comptroller General, or by the Director of the Congressional
Budget Office, the Secretary of the Treasury, the Director
of the Office of Management and Budget, and the head of each
executive agency shall--
(1) provide information on the location and
kind of available fiscal, budget, and program
information;
(2) to the extent practicable, prepare
summary tables of that fiscal, budget, and
program information and related information the
committee, the Comptroller General, or the
Director of the Congressional Budget Office
considers necessary; and
(3) provide a program evaluation carried out
or commissioned by an executive agency.
(c) In cooperation with the Director of the
Congressional Budget Office, the Secretary, and the Director
of the Office of Management and Budget, and Comptroller
General shall--
(1) establish and maintain a current
directory of sources of, and information systems
for, fiscal, budget, and program information and
a brief description of the contents of each
source and system;
(2) when requested, provide assistance to
committees of Congress and members of Congress
in obtaining information from the sources in the
directory; and
[[Page 989]]
(3) when requested, provide assistance to
committees and, to the extent practicable, to
members of Congress in evaluating the
information obtained from the sources in the
directory.
(d) To the extent they consider necessary, the
Comptroller General and the Director of the Congressional
Budget Office individually or jointly shall establish and
maintain a file of information to meet recurring needs of
Congress for fiscal, budget, and program information to
carry out this section and sections 717 and 1112 of this
title. The file shall include information on budget
requests, congressional authorizations to obligate and
expend, apportionment and reserve actions, and obligations
and expenditures. The Comptroller General and the Director
shall maintain the file and an index to the file so that it
is easier for the committees and agencies of Congress to use
the file and index through data processing and
communications techniques.
(e)(1) The Comptroller General shall--
(A) carry out a continuing program to
identify the needs of committees and members of
Congress for fiscal, budget, and program
information to carry out this section and
section 1112 of this title;
(B) assist committees of Congress in
developing their information needs;
(C) monitor recurring reporting requirements
of Congress and committees; and
(D) make recommendations to Congress and
committees for changes and improvements in those
reporting requirements to meet information needs
identified by the Comptroller General, to
improve their usefulness to congressional users,
and to eliminate unnecessary reporting.
(2) Before September 2 of each year, the Comptroller
General shall report to Congress on--
(A) the needs identified under paragraph
(1)(A) of this subsection;
(B) the relationship of those needs to
existing reporting requirements;
(C) the extent to which reporting by the
executive branch of the United States Government
currently meets the identified needs;
(D) the changes to standard classifications
necessary to meet congressional needs;
(E) activities, progress, and results of the
program of the Comptroller General under
paragraph (1)(B)-(D) of this subsection; and
(F) progress of the executive branch in the
prior year.
(3) Before March 2 of each year, the Director of the
Office of Management and Budget and the Secretary shall
report to Congress on plans for meeting the needs identified
under paragraph (1)(A) of this subsection, including--
(A) plans for carrying out changes to
classifications to meet information needs of
Congress;
(B) the status of information systems in the
prior year; and
(C) the use of standard classifications.
(Pub.L. 97-258, Sept. 13, 1982, 96 Stat. 914;
Pub.L. 97-452, Sec. 1(3), Jan. 12, 1983, 96
Stat. 2467.)
[[Page 990]]
1200 Sec. 1114. Repealed (Oct. 13, 1994, Pub.L. 103-355,
Sec. 2454(c)(2), 108 Stat. 3326).
Chapter 33.--DEPOSITING, KEEPING, AND PAYING MONEY
Subchapter II.--Payments
1201
Sec. 3332. Required direct deposit.
(a)(1) Notwithstanding any other provision of law, all
Federal wage, salary, and retirement payments shall be paid
to recipients of such payments by electronic funds transfer,
unless another method has been determined by the Secretary
of the Treasury to be appropriate.
(2) Each recipient of Federal wage, salary, or
retirement payments shall designate one or more financial
institutions or other authorized payment agents and provide
the payment certifying or authorizing agency information
necessary for the recipient to receive electronic funds
transfer payments through each institution so designated.
(b)(1) The head of each agency shall waive the
requirements of subsection (a) of this section for a
recipient of Federal wage, salary, or retirement payments
authorized or certified by the agency upon written request
by such recipient.
(2) Federal wage, salary, or retirement payments shall
be paid to any recipient granted a waiver under paragraph
(1) of this subsection by any method determined appropriate
by the Secretary of the Treasury.
(c)(1) The Secretary of the Treasury may waive the
requirements of subsection (a) of this section for any group
of recipients upon request by the head of an agency under
standards prescribed by the Secretary of the Treasury.
(2) Federal wage, salary, or retirement payments shall
be paid to any member of a group granted a waiver under
paragraph (1) of this subsection by any method determined
appropriate by the Secretary of the Treasury.
(d) This section shall apply only to recipients of
Federal wage or salary payments who begin to receive such
payments on or after January 1, 1995, and recipients of
Federal retirement payments who begin to receive such
payments on or after January 1, 1995.
(e)(1) Notwithstanding subsections (a) through (d) of
this section, sections 5120(a) and (d) of title 38, and any
other provision of law, all Federal payments to a recipient
who becomes eligible for that type of payment after 90 days
after the date of the enactment of the Debt Collection
Improvement Act of 1996 shall be made by electronic funds
transfer.
(2) The head of a Federal agency shall, with respect to
Federal payments made or authorized by the agency, waive the
application of paragraph (1) to a recipient of those
payments upon receipt of written certification from the
recipient that the recipient does not have an account with a
financial institution or an authorized payment agent.
(f)(1) Notwithstanding any other provision of law
(including subsections (a) through (e) of this section and
sections 5120(a) and (d) of title 38), except as provided in
paragraph (2) all Federal payments made after January 1,
1999, shall be made by electronic funds transfer.
(2)(A) The Secretary of the Treasury may waive
application of this subsection to payments--
[[Page 991]]
(i) for individuals or classes of
individuals for whom compliance imposes a
hardship;
(ii) for classifications or types of checks;
or
(iii) in other circumstances as may be
necessary.
(B) The Secretary of the Treasury shall make
determinations under subparagraph (A) based on standards
developed by the Secretary.
(g) Each recipient of Federal payments required to be
made by electronic funds transfer shall--
(1) designate 1 or more financial
institutions or other authorized agents to which
such payments shall be made; and
(2) provide to the Federal agency that makes
or authorizes the payments information necessary
for the recipient to receive electronic funds
transfer payments through each institution or
agent designated under paragraph (1).
(h) The crediting of the amount of a payment to the
appropriate account on the books of a financial institution
or other authorized payment agent designated by a payment
recipient under this section shall constitute a full
acquittance to the United States for the amount of the
payment.
(i)(1) The Secretary of the Treasury may prescribe
regulations that the Secretary considers necessary to carry
out this section.
(2) Regulations under this subsection shall ensure that
individuals required under subsection (g) to have an account
at a financial institution because of the application of
subsection (f)(1)--
(A) will have access to such an account at a
reasonable cost; and
(B) are given the same consumer protections
with respect to the account as other account
holders at the same financial institution.
(j) For purposes of this section--
(1) The term ``electronic funds transfer''
means any transfer of funds, other than a
transaction originated by cash, check, or
similar paper instrument, that is initiated
through an electronic terminal, telephone,
computer, or magnetic tape, for the purpose of
ordering, instructing, or authorizing a
financial institution to debit or credit an
account. The term includes Automated Clearing
House transfers, Fed Wire transfers, transfers
made at automatic teller machines, and point-of-
sale terminals.
(2) The term ``Federal agency'' means--
(A) an agency (as defined in section 101
of this title); and
(B) a Government corporation (as defined
in section 103 of title 5).
(3) The term ``Federal payments'' includes--
(A) Federal wage, salary, and retirement
payments;
(B) vendor and expense reimbursement
payments; and
(C) benefit payments.
Such term shall not include any payment
under the Internal Revenue Code of 1986. (As
amended Pub.L. 98-369, Title VIII, Sec. 2814,
July 18, 1984, 98 Stat. 1207; Pub.L. 103-356,
Title IV, Sec. 402(a), Oct. 13, 1994, 108 Stat.
3412; Pub.L. 104-134, Title III,
Sec. 31001(x)(1), Apr. 26, 1996, 110 Stat. 1321-
376.)
39 u.s.c.--postal service
general and permanent laws relating to the senate
[[Page 992]]
TITLE 39.--POSTAL SERVICE
Part IV.--MAIL MATTER
Chapter 32.--PENALTY AND FRANKED MAIL\1\
1205 Sec. 3201. Definitions.
As used in this chapter--
\1\For United States Postal Service regulation on
congressional franking privilege, see Senate Manual
section 1215. 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.)
1206 Sec. 3210. Franked mail transmitted by the Vice President,
Members of Congress, and congressional officials.
(a)(1) It is the policy of the Congress that the
privilege of sending mail as franked mail shall be
established under this section in order to assist and
expedite the conduct of the official business, activities,
and duties of the Congress of the United States.
(2) It is the intent of the Congress that such official
business, activities, and duties cover all matters which
directly or indirectly pertain to the legislative process or
to any congressional representative functions generally, or
to the functioning, working, or operating of the Congress
and the performance of official duties in connection
therewith, and shall include, but not be limited to, the
conveying of information to the public, and the requesting
of the views of the public, or the views and information of
other authority of government, as a guide or a means of
assistance in the performance of those functions.
(3) It is the intent of the Congress that mail matter
which is frankable specifically includes, but is not limited
to--
(A) mail matter to any person and to all
agencies and officials of Federal, State, and
local governments regarding programs, deci
[[Page 993]]
sions, and other related matters of public
concern or public service, including any matter
relating to actions of a past or current
Congress;
(B) the usual and customary congressional
newsletter or press release which may deal with
such matters as the impact of laws and decisions
on State and local governments and individual
citizens; reports on public and official actions
taken by Members of Congress; and discussions of
proposed or pending legislation or governmental
actions and the positions of the Members of
Congress on, and arguments for or against, such
matters;
(C) the usual and customary congressional
questionnaire seeking public opinion on any law,
pending or proposed legislation, public issue,
or subject;
(D) mail matter dispatched by a Member of
Congress between his Washington office and any
congressional district offices, or between his
district offices;
(E) mail matter directed by one Member of
Congress to another Member of Congress or to
representatives of the legislative bodies of
State and local governments;
(F) mail matter expressing congratulations
to a person who has achieved some public
distinction;
(G) mail matter, including general mass
mailings, which consist of Federal laws, Federal
regulations, other Federal publications,
publications purchased with Federal funds, or
publications containing items of general
information;
(H) mail matter which consists of voter
registration or election information or
assistance prepared and mailed in a nonpartisan
manner;
(I) mail matter which constitutes or
includes a biography or autobiography of any
Member of, or Member-elect to, Congress or any
biographical or autobiographical material
concerning such Member or Member-elect or the
spouse or other members of the family of such
Member or Member-elect, and which is so mailed
as a part of a Federal publication or in
response to a specific request therefor and is
not included for publicity purposes in a
newsletter or other general mass mailing of the
Member or Member-elect under the franking
privilege; or
(J) mail matter which contains a picture,
sketch, or other likeness of any Member or
Member-elect and which is so mailed as a part of
a Federal publication or in response to a
specific request therefor and, when contained in
a newsletter or other general mass mailing of
any Member or Member-elect, is not of such size,
or does not occur with such frequency in the
mail matter concerned, as to lead to the
conclusion that the purpose of such picture,
sketch, or likeness is to advertise the Member
or Member-elect rather than to illustrate
accompanying text.
(4) It is the intent of the Congress that the franking
privilege under this section shall not permit, and may not
be used for, the transmission through the mails as franked
mail, of matter which in its nature is purely personal to
the sender or to any other person and is unrelated
to the official business, activities, and duties of the
public officials covered by subsection (b)(1) of this
section.
[[Page 994]]
(5) It is the intent of the Congress that a Member of or
Member-elect to Congress may not mail as franked mail--
(A) mail matter which constitutes or
includes any article, account, sketch,
narration, or other text laudatory and
complimentary of any Member of, or Member-elect
to, Congress on a purely personal or political
basis rather than on the basis of performance of
official duties as a Member or on the basis of
activities as a Member-elect;
(B) mail matter which constitutes or
includes--
(i) greetings from the spouse or other
members of the family of such Member or
Member-elect, unless it is a brief reference
in otherwise frankable mail;
(ii) reports of how or when such Member
or Member-elect, or the spouse or any other
member of the family of such Member or
Member-elect, spends time other than in the
performance of, or in connection with, the
legislative, representative, and other
official functions of such Member or the
activities of such Member-elect as a Member-
elect; or
(iii) any card expressing holiday
greetings from such Member or Member-elect;
or
(C) mail matter which specifically solicits
political support for the sender or any other
person or any political party, or a vote or
financial assistance for any candidate for any
public office.
The House Commission on Congressional Mailing Standards and
the Select Committee on Standards and Conduct of the Senate
shall prescribe for their respective Houses such rules and
regulations and shall take such other action, as the
Commission or Committee considers necessary and proper for
the Members and Members-elect to conform to the provisions
of this clause and applicable rules and regulations. Such
rules and regulations shall include, but not be limited to,
provisions prescribing the time within which such mailings
shall be mailed at or delivered to any postal facility to
attain compliance with this clause and the time when such
mailings shall be deemed to have been so mailed or delivered
and such compliance attained.
(6)(A) It is the intent of Congress that a Member of, or
Member-elect to, Congress may not mail any mass mailing as
franked mail--
(i) if the mass mailing is mailed fewer than
60 days (or, in the case of a Member of the
House, fewer than 90 days) immediately before
the date of any primary election or general
election (whether regular, special, or runoff)
in which the Member is a candidate for
reelection; or
(ii) in the case of a Member of, or Member-
elect to, the House who is a candidate for any
other public office, if the mass mailing--
(I) is prepared for delivery within any
portion of the jurisdiction of or the area
covered by the public office which is
outside the area constituting the
congressional district from which the Member
or Member-elect was elected; or
(II) is postmarked fewer than 90 days
immediately before the date of any primary
election or general election (whether
regular, special, or runoff) in which the
Member or Member-elect is a candidate for
any other public office.
(B) Any mass mailing which is mailed by the chairman of
any organization referred to in the last sentence of section
3215 of this title which
[[Page 995]]
relates to the normal and regular business of the
organization may be mailed without regard to the provisions
of this paragraph.
(C) No Member of the Senate may mail any mass mailing as
franked mail if such mass mailing is postmarked fewer than
60 days immediately before the date of any primary election
or general election (whether regular, special, or runoff)
for any national, State or local office in which such Member
is a candidate for election.
(D) The Select Committee on Ethics of the Senate and the
House Commission on Congressional Mailing Standards shall
prescribe for their respective Houses rules and regulations,
and shall take other action as the Committee or the
Commission considers necessary and proper for Members and
Members-elect to comply with the provisions of this
paragraph and applicable rules and regulations. The rules
and regulations shall include provisions prescribing the
time within which mailings shall be mailed at or delivered
to any postal facility and the time when the mailings shall
be deemed to have been mailed or delivered to comply with
the provisions of this paragraph.
(E) As used in this section, the term ``mass mailing''
means, with respect to a session of Congress, any mailing of
newsletters or other pieces of mail with substantially
identical content (whether such mail is deposited singly or
in bulk, or at the same time or different times), totaling
more than 500 pieces in that session, except that such term
does not include any mailing--
(i) of matter in direct response to a
communication from a person to whom the matter
is mailed;
(ii) from a Member of Congress to other
Members of Congress, or to Federal, State, or
local government officials; or
(iii) of a news release to the
communications media.
(F) For purposes of subparagraphs (A) and (C) if mail
matter is of a type which is not customarily postmarked, the
date on which such matter would have been postmarked if it
were of a type customarily postmarked shall apply.
(7) A Member of the House of Representatives may not
send any mass mailing outside the congressional district
from which the Member was elected.
(b)(1) The Vice President, each Member of or Member-
elect to Congress, the Secretary of the Senate, the Sergeant
at Arms of the Senate, each of the elected officers of the
House of Representatives (other than a Member of the House),
the Legislative Counsels of the House of Representatives and
the Senate, the Law Revision Counsel of the House of
Representatives, and the Senate Legal Counsel may send, as
franked mail, matter relating to their official business,
activities, and duties, as intended by Congress to be
mailable as franked mail under subsection (a)(2) and (3) of
this section.
(2) If a vacancy occurs in the Office of the Secretary
of the Senate, the Sergeant at Arms of the Senate, an
elected officer of the House of Representatives (other than
a Member of the House), the Legislative Counsel of the House
of Representatives or the Senate, the Law Revision Counsel
of the House of Representatives, or the Senate Legal Counsel
any authorized person may exercise the franking privilege in
the officer's name during the period of the vacancy.
(3) The Vice President, each Member of Congress, the
Secretary of the Senate, the Sergeant at Arms of the Senate,
and each of the elected
[[Page 996]]
officers of the House (other than a Member of the House),
during the 90-day period immediately following the date on
which they leave office, may send, as franked mail, matter
on official business relating to the closing of their
respective offices. The House Commission on Congressional
Mailing Standards and the Select Committee on Standards and
Conduct of the Senate\1\ shall prescribe for their
respective Houses such rules and regulations, and shall take
such other action as the Commission or Committee considers
necessary and proper, to carry out the provisions of this
paragraph.
\1\Name changed to the Select Committee on Ethics by S.
Res. 4, 95-1, Feb. 4, 1977.
(c) Franked mail may be in any form appropriate for mail
matter, including, but not limited to, correspondence,
newsletters, questionnaires, recordings, facsimiles,
reprints, and reproductions. Franked mail shall not include
matter which is intended by Congress to be nonmailable as
franked mail under subsection (a) (4) and (5) of this
section.
(d)(1) A Member of Congress may mail franked mail with a
simplified form of address for delivery within that area
constituting the congressional district or State from which
the Member was elected.
(2) A Member-elect to the Congress may mail franked mail
with a simplified form of address for delivery within that
area constituting the congressional district or the State
from which he was elected.
(3) A Delegate, Delegate-elect, Resident Commissioner,
or Resident Commissioner-elect to the House of
Representatives may mail franked mail with a simplified form
of address for delivery within the area from which he was
elected.
(4) Any franked mail which is mailed under this
subsection shall be mailed at the equivalent rate of postage
which assures that the mail will be sent by the most
economical means practicable.
(5) The Senate Committee on Rules and Administration and
the House Commission on Congressional Mailing Standards
shall prescribe for their respective Houses rules and
regulations governing any franked mail which is mailed under
this subsection and shall by regulation limit the number of
such mailings allowed under this subsection.
(6)(A) Any Member of, or Member-elect to, the House of
Representatives entitled to make any mailing as franked mail
under this subsection shall, before making any mailing,
submit a sample or description of the mail matter involved
to the House Commission on Congressional Mailing Standards
for an advisory opinion as to whether the proposed mailing
is in compliance with the provisions of this subsection.
(B) The Senate Select Committee on Ethics may require
any Member of, or Member-elect to, the Senate entitled to
make any mailings as franked mail under this subsection to
submit a sample or description of the mail matter to the
Committee for an advisory opinion as to whether the proposed
mailing is in compliance with the provisions of this
subsection.
(7) Franked mail mailed with a simplified form of
address under this subsection--
(A) shall be prepared as directed by the
Postal Service; and
(B) may be delivered to--
(i) each box holder or family on a rural
or star route;
(ii) each post office box holder; and
(iii) each stop or box on a city carrier
route.
[[Page 997]]
(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.)
1207 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.)
1208 Sec. 3212. Congressional Record under frank of Members of
Congress.
(a) Members of Congress may send the Congressional
Record as franked mail.
(b) Members of Congress may send, as franked mail, any
part, of, or a reprint of any part of, the Congressional
Record, including speeches or reports contained therein, if
such matter is mailable as franked mail under section 3210
of this title. (Aug. 12, 1970, Pub.L. 91-375, Sec. 2, 84
Stat. 754; Dec. 18, 1973, Pub.L. 93-191, Sec. 3, 87 Stat.
741.)
[[Page 998]]
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 1312).
1209 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.)
1210 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.)
1211 Sec. 3216. Reimbursement for franked mailings.
(a) The equivalent of--
(1) postage on, and fees and charges in
connection with, mail matter sent through the
mails--
(A) under the franking privilege (other
than under section 3219 of this title), by
the Vice President, Members of and Members-
elect to Congress, the Secretary of the
Senate, the Sergeant at Arms of the Senate,
each of the elected officers of the House of
Representatives (other than a Member of the
House), the Legislative Counsels of the
House of Representatives and the Senate, the
Law Revision Counsel of the House of
Representatives, and the Senate Legal
Counsel; and
(B) by the survivors of a Member of
Congress under section 3218 of this title;
and
(2) those portions of fees and charges to be
paid for handling and delivery by the Postal
Service of Mailgrams considered as franked mail
under section 3219 of this title;
shall be paid by appropriation for the official mail costs
of the Senate and the House of Representatives for that
purpose and then paid to the Postal Service as postal
revenue. Except as to Mailgrams and except as provided by
sections 733 and 907 of title 44, envelopes, wrappers,
cards, or labels used to transmit franked mail shall bear,
in the upper right-hand corner, the sender's signature, or a
facsimile thereof.
(b) Postage on, and fees and charges in connection with,
mail matter sent through the mails under section 3214 of
this title shall be paid each fiscal year, out of any
appropriation made for that purpose, to the Postal Service
as postal revenue in an amount equivalent to the
[[Page 999]]
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.)
1212 Sec. 3218. Franked mail for survivors of Members of
Congress.
Upon the death of a Member of Congress during his term
of office, the surviving spouse of such Member (or, if there
is no surviving spouse, a member of the immediate family of
the Member designated by the Secretary of the Senate or the
Clerk of the House of Representatives, as appropriate, in
accordance with rules and procedures established by the
Secretary or the Clerk) may send, for a period not to exceed
180
[[Page 1000]]
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.)
1213 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.)
1214 Sec. 3220. Omitted.
1215
Domestic Mail Manual Provisions Relating to the
Congressional Franking Privilege
703.6.0.--Official Mail (Franked)
703.6.1 Basic Information
703.6.1.1 Members of Congress. Official mail of Members of
Congress is sent without prepayment of postage and bears
instead a written or printed facsimile signature or a
specified marking. Exhibit 6.1.1 shows what is accepted
under frank and who is authorized its use.
703.6.1.2 Former President and Spouse. Any former President
of the United States and any surviving spouse of a former
President may send nonpolitical mail as franked mail if it
bears the sender's written or facsimile signature and the
words ``Postage and Fees Paid'' in the upper right corner of
the address side.
703.6.1.3 Surviving Spouse of Member of Congress. When a
Member of Congress dies during the term of office, the
Member's surviving spouse may send correspondence relating
to the death without prepayment of postage, for a period not
to exceed 180 days after the death of the Member. The mail
must bear the sender's written or facsimile signature in the
upper right corner of the address side. If there is no
surviving spouse, this privilege may be exercised by an
immediate family member of the deceased Member of Congress
designated by the Secretary of the Senate or the Clerk of
the House of Representatives, as appropriate.
703.6.1.4 Use. A person entitled to use franked mail may
not lend this frank or permit its use by any committee,
organization, association, or other person. This restriction
does not apply to a committee of the Congress.
703.6.1.5 Criteria. Franked mail must be addressed to the
recipient by name, except under 602.3.0, Use of Alternative
Addressing, and it
[[Page 1001]]
must meet the mailability criteria in 601 and the physical
standards for the class of mail used.\1\
\1\Part 602.3.0 describes alternative addressing
formats. Part 601.1.0 gives general mailability
standards (such as requisite dimensions, packaging, and
containers). Part 601.11.0 describes articles and
substances prohibited because they may be injurious to
life, health or property (such as liquor or firearms).
Part 601.12.0 refers to restricted forms of printed
materials (such as deceptive solicitations or sexually
oriented advertisements).
703.6.1.6 Handling. Franked mail is entitled to all special
services for which it is properly endorsed, and is handled
and forwarded as ordinary mail, except that after delivery
to the addressee, it may not be remailed.
703.6.1.7 Package to One Addressee. A person entitled to
use franked mail may send a package of franked mail to one
addressee, who may open the package and, on behalf of such
person, address the franked articles and mail them.
[[Page 1002]]
Exhibit 6.1.1\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
User Entitled Matter Permitted Marking Required Period Authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vice President of the United Public documents printed by order of ``Public Document'' and ``U.S.S.'' or During 90 days immediately after
States, Members of Congress, Congress ``M.C.'' must appear on address side expiration of term of office.
Resident Commissioners,
Secretary of the Senate,
Sergeant at Arms of the
Senate, and each elected
officer of the House of
Representatives (other than
Members of the House)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Members of Congress and ``Congressional Record'' or any part of ``Congressional Record'' or ``Part of During term of office only.
Resident Commissioners it (including reprints of any part, Congressional Record'' and ``U.S.S.''
speech, or report contained in it) if or ``M.C.'' must appear on the
for official business, activities, or address side
duties
--------------------------------------------------------------------------------------------------------------------------------------------------------
Members of Congress Seed and agricultural reports from Signature and title (written or During 90 days immediately after
Department of Agriculture printed facsimile) of person entitled expiration of term of office.
to frank must appear on address side
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vice President of the United Official correspondence The signature and title (written or During term of office only. When
States, Members and Members- printed facsimile) of person entitled position of Secretary, Sergeant at
elect of Congress, Resident to frank must appear on address side Arms, elected officer, Legislative
Commissioners, Secretary of Counsel, Law Revision Counsel, or
the Senate, Sergeant at Arms Senate Legal Counsel is vacant,
of the Senate, each elected privileges may be exercised in
officer of the House of officer's name by authorized persons.
Representatives (other than a
Member of the House),
Legislative Counsels of the
House of Representatives and
the Senate, Law Revision
Counsel of the House of
Representatives, and Senate
Legal Counsel
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vice President-elect All mail connected with preparation for Signature and title (written or Until assumption of duties as Vice
assumption of official duties as Vice printed facsimile) of Vice President- President.
President elect must appear on address side
--------------------------------------------------------------------------------------------------------------------------------------------------------
Former Vice President, each Matter on official business about Signature and title (written or During 90 days immediately after date
former Member of Congress, closing of offices printed facsimile) of person entitled of leaving office.
former Secretary of the to frank must appear on address side
Senate, former Sergeant at
Arms of the Senate, each
former elected officer of the
House (other than former
Member of the House), and each
former Delegate or Resident
Commissioner
--------------------------------------------------------------------------------------------------------------------------------------------------------
Former Speakers of the House Public documents, seeds, and Signature and title (written or For as long as former Speaker
agricultural reports from Department printed facsimile) of former Speaker determines necessary.
of Agriculture, official or public document marking as shown
correspondence above, must appear on address side
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Available at http://pe.usps.gov/text/dmm300/703.htm#1114040.
40 u.s.c.--public buildings, property, and works
general and permanent laws relating to the senate
[[Page 1003]]
TITLE 40.--PUBLIC BUILDINGS, PROPERTY, AND WORKS
Subtitle II.--Public Buildings and Works
Part B.--United States Capitol
Chapter 51.--UNITED STATES CAPITOL BUILDINGS AND GROUNDS
1216 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, 1996, 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.)
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].
1217 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 Archi
[[Page 1004]]
tect 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.
[[Page 1005]]
(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
of the Library of Congress'', approved August 4, 1950 (2
U.S.C. 167j).
(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.)
Enactment of Subsection (D)
Pub.L 110-161, Div.H, Title I, Sec. 1004(d)(2)(A)(ii),
(4), Dec. 27, 2006, 121 Stat. 2233, 2234, and Pub.L. 110-
178, Sec. 4(b)(1)(B), (d), Jan. 7, 2008, 121 Stat. 2551,
2552, made identical amendments which provided that,
effective Oct. 1, 2009, this section is amended by adding
the following at the end:
(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 of the Library of Congress'', approved August 4, 1950 (2
U.S.C. 167j).
(2) Authority of Librarian of Congress.--Not withstanding 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).
1218 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.)
1219 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.
[[Page 1006]]
(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
[[Page 1007]]
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. 1178; Pub.L. 110-161, Div. H,
Title I, Sec. 1004(d)(2)(A)(iii), Dec. 26, 2007,
121 Stat. 2233.)
Note.--Amendment of Subsection (E)(2)(C)
Pub.L. 110-161, Div. H, Title I,
Sec. 1004(d)(2)(A)(iii), (4), Dec. 26, 2007, 121 Stat. 2234,
and Pub.L. 110-178, Sec. 4(b)(1)(C), (d), Jan. 7, 2008, 121
Stat. 2552, made identical amendments which provided that,
effective Oct. 1, 2009, this section is amended by striking
subpar. (C) and inserting the following:
(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;
[[Page 1008]]
1220 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.)
1221 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.)
1222 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.)
1223 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
[[Page 1009]]
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.)
1224 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
1225 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
[[Page 1010]]
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.)
1226 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.
[[Page 1011]]
(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.)
1227 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.)
1228 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
[[Page 1012]]
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.)
1229 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.)
[[Page 1013]]
1230 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.
[[Page 1014]]
(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.)
1231 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;
[[Page 1015]]
(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
1232 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.)
1233 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
[[Page 1016]]
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.)
1234 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--
[[Page 1017]]
(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.)
1235 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.)
[[Page 1018]]
1236 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.)
1237 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
[[Page 1019]]
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.
[[Page 1020]]
(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.)
1238 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.)
1239 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
[[Page 1021]]
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.)
1240 Sec. 8909. Administrative.
(a) Maintenance of documentation of design and construction
Complete documentation of design and construction of
each commemorative work located in the District of Columbia
and its environs shall be provided to the Secretary of the
Interior or Administrator of General Services, as
appropriate, and shall be permanently maintained in the
manner provided by law.
(b) Responsibility for maintenance of completed work
On completion of any commemorative work in the District
of Columbia and its environs, the Secretary or
Administrator, as appropriate, shall assume responsibility
for maintaining the work.
(c) Regulations or standards
The Secretary and Administrator shall prescribe
appropriate regulations or standards to carry out this
chapter. (Pub.L. 99-652, Sec. 10, Nov. 14, 1986, 100 Stat.
3654; Pub.L. 103-321, Sec. 2, Aug. 26, 1994, 108 Stat. 1795;
Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1231.)
41 u.s.c.--public contracts
general and permanent laws relating to the senate
[[Page 1022]]
TITLE 41.--PUBLIC CONTRACTS
Chapter 1.--GENERAL PROVISIONS
1245 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.)
1246 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.)
1247 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.)
Note
Section 903 of the Supplemental Appropriations Act,
1983, provided the following:
Sec. 903. (a) Notwithstanding any provision to the
contrary in any contract which is entered into by any person
and either the Administrator of General Services or a
contracting officer of any executive agency and under which
such person agrees to sell or lease to the Federal
Government (or any one or more
[[Page 1023]]
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.
(b) The provisions of this section shall take effect
with respect to sales or leases of property, supplies, or
services to the Congress after July 29, 1983.
42 u.s.c.--the public health welfare
general and permanent laws relating to the senate
[[Page 1024]]
TITLE 42.--THE PUBLIC HEALTH AND WELFARE
Chapter 126.--EQUAL OPPORTUNITY FOR INDIVIDUALS WITH
DISABILITIES
* * * * * * *
1250 Sec. 12209. Instrumentalities of Congress.
The Government Accountability Office, the Government
Printing Office, and the Library of Congress shall be
covered as follows:
(1) In general
The rights and protections under this
chapter shall, subject to paragraph (2),
apply with respect to the conduct of each
instrumentality of the Congress.
(2) Establishment of remedies and procedures
by instrumentalities
The chief official of each
instrumentality of the Congress shall
establish remedies and procedures to be
utilized with respect to the rights and
protections provided pursuant to paragraph
(1).
(3) Report to Congress
The chief official of each
instrumentality of the Congress shall, after
establishing remedies and procedures for
purposes of paragraph (2), submit to the
Congress a report describing the remedies
and procedures.
(4) Definition of instrumentalities
For purposes of this section, the term
``instrumentality of the Congress'' means
the following: the Government Accountability
Office, the Government Printing Office, and
the Library of Congress.
(5) Enforcement of employment rights
The remedies and procedures set forth in
section 717 of the Civil Rights Act of 1964
(42 U.S.C. 2000e-16) shall be available to
any employee of an instrumentality of the
Congress who alleges a violation of the
rights and protections under sections 102
through 104 of this Act that are made
applicable by this section, except that the
authorities of the Equal Employment
Opportunity Commission shall be exercised by
the chief official of the instrumentality of
the Congress.
(6) Enforcement of rights to public services
and accommodations
The remedies and procedures set forth in
section 717 of the Civil Rights Act of 1964
(42 U.S.C. 2000e-16) shall be available to
any qualified person with a disability who
is a visitor, guest, or patron of an
instrumentality of Congress and who alleges
a violation of the rights and protections
under sections 201 through 230 or section
302 or 303 of this Act that are made
applicable by this section, except that the
authorities of the Equal Employment
Opportunity Commission shall be exercised by
the chief official of the instrumentality of
the Congress.
(7) Construction.
[[Page 1025]]
Nothing in this section shall alter the
enforcement procedures for individuals with
disabilities provided in the General
Accounting Office Personnel Act of 1980 [31
U.S.C.A. Sec. 731 et seq.] and regulations
promulgated pursuant to that Act. (Pub.L.
101-336, Title V, Sec. 509, July 26, 1990,
104 Stat. 373; Pub.L. 102-166, Title III,
Sec. 315, Nov. 21, 1991, 105 Stat. 1095;
Pub.L. 104-1, Sec. 201, Jan. 23, 1995, 109
Stat. 8, 16; Pub.L. 108-271, Sec. 8(b), July
7, 2004, 118 Stat. 814.)
44 u.s.c.--public printing and documents
general and permanent laws relating to the senate
[[Page 1026]]
TITLE 44.--PUBLIC PRINTING AND DOCUMENTS
Chapter 1.--JOINT COMMITTEE ON PRINTING
1255 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.)
1256 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.)
1257 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
1258 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.)
1259 Sec. 302. Deputy Public Printer: appointment; duties.
The Public Printer shall appoint a suitable person, who
must be a practical printer and versed in the art of
bookbinding, to be the Deputy Public Printer. He shall
perform the duties formerly required of the chief clerk,
supervise the buildings occupied by the Government Printing
[[Page 1027]]
Office, and perform any other duties required of him by the
Public Printer. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat.
1239.)
1260 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.)
1261 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.)
1262 Sec. 305. Public Printer: employees; pay.
(a) The Public Printer may employ journeymen,
apprentices, laborers, and other persons necessary for the
work of the Government Printing Office at rates of wages and
salaries, including compensation for night and overtime
work, he considers for the interest of the Government and
just to the persons employed, except as otherwise provided
by this section. He may not employ more persons than the
necessities of the public work require nor more than four
hundred apprentices at one time. The minimum pay of
journeymen printers, pressmen, and bookbinders employed in
the Government Printing Office shall be at the rate of 90
cents an hour for the time actually employed. Except as
provided by the preceding part of this section the rate of
wages, including compensation for night and overtime work,
for more than ten employees of the same occupation shall be
determined by a conference between the Public Printer and a
committee selected by the trades affected, and the rates and
compensation so agreed upon shall become effective upon
approval by the Joint Committee on Printing. When the Public
Printer and the committee representing a trade fail to agree
as to wages, salaries, and compensation, either party may
appeal to the Joint Committee on Printing, and the decision
of the Joint Committee is final. The wages, salaries, and
compensation so determined are not subject to change oftener
than once a year.
(b) The Public Printer may grant an employee paid on an
annual basis compensatory time off from duty instead of
overtime pay for overtime work. (Pub.L. 90-620, Oct. 22,
1968, 82 Stat. 1240; Pub.L. 91-167, Dec. 26, 1969, 83 Stat.
453; Pub.L. 91-369, July 31, 1970, 84 Stat. 693.)
[[Page 1028]]
Chapter 5.--PRODUCTION AND PROCUREMENT OF PRINTING AND
BINDING
1263 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.)
1264 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.)
1265 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.)
1266 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.)
1267 Sec. 508. Annual estimates of quantity of paper required for
public printing and binding.
At the beginning of each session of Congress, the Public
Printer shall submit to the Joint Committee on Printing
estimates of the quantity of paper of all descriptions
required for the public printing and binding during the
ensuing year. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1244.)
[[Page 1029]]
Chapter 7.--CONGRESSIONAL PRINTING AND BINDING
1268 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 1257), or as a result of
sequestrations of funds mandated by Pub.L. 99-177, the
Balanced Budget and Emergency Deficit Control Act of
1985. For current regulations, consult the Joint
Committee on Printing.
(b) The ``usual number'' of documents and reports shall
be one thousand six hundred and eighty-two copies, which
shall be printed at one time and distributed as follows:
Of the House documents and reports,
unbound.--to the Senate document room, one
hundred and fifty copies; to the office of the
Secretary of the Senate, ten copies; to the
House document room, not to exceed five hundred
copies; to the office of the Clerk of the House
of Representatives, twenty copies; to the
Library of Congress, ten copies, as provided by
section 1718 of this title.
Of the Senate documents and reports,
unbound.--to the Senate document room, two
hundred and twenty copies; office of the
Secretary of the Senate, ten copies; to the
House document room, not to exceed five hundred
copies; to the Clerk's office of the House of
Representatives, ten copies; to the Library of
Congress, ten copies, as provided by section
1718 of this title.
(c) Of the number printed, the Public Printer shall bind
a sufficient number of copies for distribution as follows:
Of the House documents and reports, bound.--
to the Senate library, fifteen copies; to the
Library of Congress, not to exceed one hundred
and fifty copies, as provided by section 1718 of
this title; to the House of Representatives
library, fifteen copies; to the Superintendent
of Documents, as many copies as are required for
distribution to the State libraries and
designated depositories.
Of the Senate documents and reports,
bound.--to the Senate library, fifteen copies;
to the Library of Congress, copies as provided
by sections 1718 and 1719 of this title; to the
House of Representatives library, fifteen
copies; to the Superintendent of Documents, as
many copies as may be required for distribution
to State libraries and designated depositories.
In binding documents the Public Printer shall
give precedence to those that are to be
distributed to libraries and to designated
depositories. But a State library or designated
depository entitled to documents that may prefer
to have its documents in unbound form, may do so
by notifying the Superintendent of Documents to
that effect prior to the convening of each
Congress.
(d) The usual number of reports on private bills,
concurrent or simple resolutions, may not be printed.
Instead there shall be printed of each
[[Page 1030]]
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 1323).
1269 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.)
1270 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.)
1271 Sec. 704. Reprinting bills, laws, and reports from
committees not exceeding fifty pages.
When the supply is exhausted, the Secretary of the
Senate and the Clerk of the House of Representatives may
order the reprinting of not
[[Page 1031]]
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.)
1272 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.)
1273 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 1268.
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.)
1274 Sec. 707. Bills and resolutions: style and form.
Subject to sections 205 and 206 of Title 1, the Joint
Committee on Printing may authorize the printing of a bill
or resolution, with index and ancillaries, in the style and
form the Joint Committee on Printing
[[Page 1032]]
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.)
1275 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.)
1276 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.)
1277 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.)
1278 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 1268.
to the Senate document room, ninety copies
for distribution to Senators, and twenty-five
additional copies;
to the Senate library, ten copies;
to the House document room, three hundred
and sixty copies for distribution to Members,
and twenty-five additional copies;
to the Department of State, four copies;
to the Superintendent of Documents, one
hundred and forty-four copies to be distributed
to three libraries in each of the States to be
designated by the Superintendent of Documents;
and
to the library of the House of
Representatives, ten copies.
The remaining number of the Journals of the Senate and House
of Representatives, consisting of twenty-five copies, shall
be furnished to the Secretary of the Senate and the Clerk of
the House of Representatives, respectively, as the
necessities of their respective offices require, as rapidly
as signatures are completed for distribution. (Pub.L. 90-
620, Oct. 22, 1968, 82 Stat. 1249; Pub.L. 97-164, Sec. 158,
Apr. 2, 1982, 96 Stat. 47.)
[[Page 1033]]
1279 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.)
1280 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 1268, 1323, and 1324).
1281 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.)
1282 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.)
1283 Sec. 718. Lapse of authority to print.
The authority to print a document or report, or a
publication authorized by law to be printed, for
distribution by Congress, shall lapse when the whole number
of copies has not been ordered within two years from the
date of the original order, except orders for subsequent
editions, approved by the Joint Committee on Printing, in
which case the whole number may not exceed that originally
authorized by law. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat.
1250.)
[[Page 1034]]
1284 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.)
1285 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.)
1286 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 1268.
(b) One copy of the Congressional Directory delivered to
Members of the Senate and the House of Representatives
(including Delegates and the Resident Commissioner) shall be
bound in cloth and imprinted on the cover with the name of
the Member. Copies of the Congressional Directory delivered
to depository libraries may be bound in cloth. All other
copies of the Congressional Directory shall be bound in
paper and names shall not be imprinted thereon, except that
copies printed
[[Page 1035]]
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.)
1287 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.)
1288 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 1268. Title
VIII of Public Law 94-59, Sec. 801, July 25, 1975, 89
Stat. 296, provides in part as follows: ``Hereafter,
appropriations for authorized printing and binding for
Congress shall not be available under the authority of
section 723 of title 44 of the United States Code for
the printing, publication, and distribution of more than
fifty bound eulogies to be delivered to the family of
the deceased, and in the case of a deceased Senator or
deceased Representative (including Delegates to Congress
and the Resident Commissioner from Puerto Rico), there
shall be furnished to his successor in office two
hundred and fifty copies.''.
of all eulogies on deceased Members of
Congress to the Vice President and each Senator,
Representative, and Resident Commissioner in
Congress, one copy;
of the eulogies on deceased Senators there
shall be furnished two hundred and fifty copies
for each Senator of the State represented by the
deceased and twenty copies for each
Representative from that State;
of the eulogies on a deceased Representative
and Resident Commissioner two hundred and fifty
copies for his successor in office; twenty
copies for each of the other Representatives, or
Resident Commissioner of the State, or insular
possession represented by the deceased; and
twenty copies for each Senator from that State.
The ``usual number'' of memorial addresses may not be
printed. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1251;
Pub.L. 97-51, Sec. 101(c), Oct. 1, 1981, 95 Stat. 959.)
[[Page 1036]]
1289 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.)
1290 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.)
1291 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 1268.
1292 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.)
1293 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.)
1294 Sec. 730. Distribution of documents to Members of Congress.
When, in the division among Senators, and
Representatives, of documents printed for the use of
Congress there is an apportionment to each or either House
in round numbers, the Public Printer may not
[[Page 1037]]
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.)
1295 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.)
1296 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.)
1297 Sec. 733. Documents and reports ordered by Members of
Congress; franks and envelopes for Members of Congress.
The Public Printer on order of a Member of Congress, on
prepayment of the cost, may reprint documents and reports of
committees together with the evidence papers submitted, or
any part ordered printed by the Congress.
He may also furnish without cost to Members and the
Resident Commissioner from Puerto Rico, blank franks printed
on sheets and perforated, or singly at their option, for
public documents. Franks shall contain in the upper left-
hand corner the following words: ``Public document. United
States Senate'' or ``House of Representatives U.S.'' and in
upper right-hand corner the letters ``U.S.S.'' or ``M.C.''
Franks may also contain information relating to missing
children as provided in section 3220 of title 39. But he may
not print any other words except
[[Page 1038]]
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.)
1298 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.)
1299 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 1257).
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.''.
1300 Sec. 736. Binding at expense of Members of Congress.
The Public Printer may bind at the Government Printing
Office books, maps, charts, or documents published by
authority of Congress, upon
[[Page 1039]]
application of a Member of Congress, and payment of the
actual cost of binding. (Pub.L. 90-620, Oct. 22, 1968, 82
Stat. 1254.)
1301 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 1257).
1302 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.)
1303 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.)
1304 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.)
1305 Sec. 741. Disposition of documents stored at Capitol.
The Secretary and Sergeant at Arms of the Senate and the
Clerk and Doorkeeper of the House of Representatives, at the
convening in regular session of each successive Congress
shall cause an invoice to be made of public documents stored
in and about the Capitol, other
[[Page 1040]]
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
1306 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.)
1307 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.)
1308 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.)
1309 Sec. 904. Congressional Record: maps; diagrams;
illustrations.
Maps, diagrams, or illustrations may not be inserted in
the Record without the approval of the Joint Committee on
Printing. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1256.)
[[Page 1041]]
1310 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.)
1311 Sec. 906. Congressional Record: gratuitous copies;
delivery.\1\
The Public Printer shall furnish the Congressional
Record only as follows:
\1\Pub.L. 93-145, Nov. 1, 1973, 87 Stat. 546, provides
in part as follows: ``Hereafter, appropriations for
authorized printing and binding for Congress shall not
be available under the authority of the Act of October
22, 1968 (44 U.S.C. 906) for the printing, publication,
and distribution of more than one copy of the bound
permanent editions of the Congressional Record for the
Vice President and each Member of the Senate and House
of Representatives.''.
of the bound edition--
to the Senate Service Department five copies
for the Vice President and each Senator;
to the Secretary and Sergeant at Arms of the
Senate, each, two copies;
to the Joint Committee on Printing not to
exceed one hundred copies;
to the House of Representatives Publications
Distribution Service, three copies for each
Representative and Resident Commissioner in
Congress; and
to the Clerk and Sergeant at Arms of the
House of Representatives, each, two copies;
of the daily edition--
to the Vice President, one hundred copies;
to each Senator, fifty copies (which may be
transferred only to public agencies and
institutions);
to the Secretary and Sergeant at Arms of the
Senate, each, twenty-five copies;
to the Secretary, for official use, not to
exceed thirty-five copies; and
to the Sergeant at Arms for use on the floor
of the Senate, not to exceed fifty copies;
to each Member of the House of
Representatives, the Resident Commissioner from
Puerto Rico, the Delegate from the District of
Columbia, the Delegate from Guam, and the
Delegate from the Virgin Islands, thirty-four
copies (which may be transferred only to public
agencies and institutions);
to the Clerk and Sergeant at Arms of the
House of Representatives, each, twenty-five
copies;
to the Clerk, for official use, not to
exceed fifty copies, and to the Clerk for use on
the floor of the House of Representatives, not
to exceed seventy-five copies;
to the Vice President and each Senator,
Representative, and Resident Commissioner in
Congress (and not transferable) three copies
[[Page 1042]]
of which one shall be delivered at his
residence, one at his office and one at the
Capitol.
In addition to the foregoing the Congressional Record
shall also be furnished as follows:
In unstitched form, and held in reserve by the Public
Printer, as many copies of the daily Record as may be
required to supply a semimonthly edition, bound in paper
cover together with each semimonthly index when it is
issued, and then be delivered promptly as follows:
to each committee and commission of
Congress, one daily and one semimonthly copy;
to each joint committee and joint commission
in Congress, as may be designated by the Joint
Committee on Printing, two copies of the daily,
one semimonthly copy, and one bound copy;
to the Secretary and the Sergeant at Arms of
the Senate, for office use, each, six
semimonthly copies;
to the Clerk and Sergeant at Arms of the
House, for office use, each, six semimonthly
copies;
to the Joint Committee on Printing, ten
semimonthly copies;
to the Vice President and each Senator,
Representative, and Resident Commissioner in
Congress, one semimonthly copy;
to the President of the United States, for
the use of the Executive Office, ten copies of
the daily, two semimonthly copies, and one bound
copy;
to the Chief Justice of the United States
and each of the Associate Justices of the
Supreme Court of the United States, one copy of
the daily;
to the offices of the marshal and clerk of
the Supreme Court of the United States, each,
two copies of the daily and one semimonthly
copy;
to each United States circuit and district
judge, and to the chief judge and each associate
judge of the United States Court of Federal
Claims, the United States Court of International
Trade, the Tax Court of the United States, the
United States Court of Appeals for Veterans
Claims, and the United States Court of Appeals
for the Armed Forces, upon request to a Member
of Congress and notification by the Member to
the Public Printer, one copy of the daily, in
addition to those authorized to be furnished to
Members of Congress under the preceding
provisions of this section;
to the offices of the Vice President and the
Speaker of the House of Representatives, each,
six copies of the daily and one semimonthly
copy;
to the Sergeant at Arms, the Chaplain, the
Postmaster, the superintendent and the foreman
of the Senate Service Department and of the
House of Representatives Publications
Distribution Service, respectively; and to the
Secretaries to the Majority and the Minority of
the Senate, each, one copy of the daily;
to the office of the Parliamentarian of the
House of Representatives, six copies of the
daily, one semimonthly copy, and two bound
copies;
to the offices of the Official Reporters of
Debates of the Senate and House of
Representatives, respectively, each, fifteen
copies of the daily, one semimonthly copy, and
three bound copies;
[[Page 1043]]
to the office of the stenographers to
committees of the House of Representatives, four
copies of the daily and one semimonthly copy;
to the office of the Congressional Record
Index, ten copies of the daily and two
semimonthly copies;
to the offices of the superintendent of the
Senate and House document rooms, each, three
copies of the daily, one semimonthly copy, and
one bound copy;
to the offices of the superintendents of the
Senate and House press galleries, each, two
copies of the daily, one semimonthly copy, and
one bound copy;
to the offices of the Legislative Counsel of
the Senate and House of Representatives,
respectively, and the Architect of the Capitol,
each, three copies of the daily, one semimonthly
copy, and one bound copy;
to the Library of Congress for official use
in Washington, District of Columbia, and for
international exchange, as provided by sections
1718 and 1719 of this title, not to exceed one
hundred and forty-five copies of the daily, five
semimonthly copies, and one hundred and fifty
bound copies;
to the library of the Senate, three copies
of the daily, two semimonthly copies, and not to
exceed fifteen bound copies;
to the library of the House of
Representatives, five copies of the daily, two
semimonthly copies, and not to exceed twenty-
eight bound copies, of which eight copies may be
bound in the style and manner approved by the
Joint Committee on Printing;
to the library of the Supreme Court of the
United States, two copies of the daily, two
semimonthly copies, and not to exceed five bound
copies;
to the library of each United States Court
of Appeals, each United States District Court,
the United States Court of Federal Claims, the
United States Court of International Trade, the
Tax Court of the United States, the United
States Court of Appeals for Veterans Claims, and
the United States Court of Appeals for the Armed
Forces, upon request to the Public Printer, one
copy of the daily, one semimonthly copy, and one
bound copy;
to the Public Printer for official use, not
to exceed seventy-five copies of the daily, ten
semimonthly copies, and two bound copies;
to the Director of the Botanic Garden, two
copies of the daily and one semimonthly copy;
to the Archivist of the United States, five
copies of the daily, two semimonthly copies, and
two bound copies;
to the library of each executive department,
independent office, and establishment of the
Government in the District of Columbia, except
those designated as depository libraries, and to
the libraries of the municipal government of the
District of Columbia, the Naval Observatory, and
the Smithsonian Institution, each, two copies of
the daily, one semimonthly copy, and one bound
copy;
to the offices of the Governors of Puerto
Rico, Guam and the Virgin Islands, each, five
copies in both daily and bound form;
to the office of the Governor of the Canal
Zone, five copies in both daily and bound form;
[[Page 1044]]
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.)
1312 Sec. 907. Congressional Record: extracts for Members of
Congress; mailing envelopes.
The Public Printer may print and deliver, upon the order
of a Member of Congress and payment of the cost, extracts
from the Congressional Record. The Public Printer may
furnish without cost to Members and the Resident
Commissioner, envelopes, ready for mailing the Congressional
Record or any part of it, or speeches, or reports in it, if
such part, speeches, or reports are mailable as franked mail
under section
[[Page 1045]]
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.)
1313 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.)
1314 Sec. 910. Congressional Record: subscriptions; sale of
current, individual numbers, and bound sets; postage
rate.
(a) Under the direction of the Joint Committee, the
Public Printer may sell--
(1) subscriptions to the daily Record; and
(2) current, individual numbers, and bound
sets of the Congressional Record.
(b) The price of a subscription to the daily Record and
of current, individual numbers, and bound sets shall be
determined by the Public Printer based upon the cost of
printing and distribution. Any such price shall be paid in
advance. The money from any such sale shall be paid into the
Treasury and accounted for in the Public Printer's annual
report to Congress.
(c) The Congressional Record shall be entitled to be
mailed at the same rates of postage at which any newspaper
or other periodical publication, with a legitimate list of
paid subscribers, is entitled to be mailed. (Pub.L. 90-620,
Oct. 22, 1968, 82 Stat. 1260; Pub.L. 93-314, Sec. 1(a), June
8, 1974, 88 Stat. 239.)
[[Page 1046]]
Chapter 11.--EXECUTIVE AND JUDICIARY PRINTING AND BINDING
1315 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
1316 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.)
1317 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.)
1318 Sec. 1339. Printing of the President's message.\1\
The message of the President without the accompanying
documents and reports shall be printed in pamphlet form,
immediately upon its receipt by Congress. In addition to the
usual number, fifteen thousand
[[Page 1047]]
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 1268.
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
1319 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.)
1320 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.)
1321 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.)
1322 Sec. 1715. Publications for department or officer or for
congressional committees.
When printing not bearing a congressional number, except
confidential matter, blank forms, and circular letters not
of a public character, is done for a department or officer
of the Government, or not of a confidential character, is
done for use of congressional committees, two copies shall
be sent, unless withheld by order of the committee, by the
Public Printer to the Senate and House of Representatives
libraries, respec
[[Page 1048]]
tively, and one copy each to the document rooms of the
Senate and House of Representatives, for reference; and
these copies may not be removed. (Pub.L. 90-620, Oct. 22,
1968, 82 Stat. 1281.)
1323 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 1268.
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.)
1324 Sec. 1719. International exchange of Government
publications.
For the purpose of more fully carrying into effect the
convention concluded at Brussels on March 15, 1886, and
proclaimed by the President of the United States on January
15, 1889, there shall be supplied to the Superintendent of
Documents not to exceed one hundred and twenty-five copies
each of all Government publications, including the daily and
bound copies of the Congressional Record, for distribution
to those foreign governments which agree, as indicated by
the Library of Congress, to send to the United States
similar publications of their governments for delivery to
the Library of Congress. Confidential matter, blank forms,
circular letters not of a public character, publications
determined by their issuing department, office, or
establishment to be required for official use only or for
strictly administrative or operational purposes which have
no public interest or educational value, and publications
classified for reasons of national security shall be
exempted from this requirement. The printing, binding, and
distribution costs of any publication distributed in
accordance with this section shall be charged to
appropriations provided to the Superintendent of Documents
for that purpose. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat.
1282; Pub.L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat.
1189; Pub.L. 99-500, Sec. 101(j), Oct. 18, 1986, 100 Stat.
1783-287, and Pub.L. 99-591, Sec. 101(j), Oct. 30, 1986, 100
Stat. 3341-287, as amended July 11, 1987, Pub.L. 100-71,
Title I, 101 Stat. 425.)
[[Page 1049]]
Chapter 19.--DEPOSITORY LIBRARY PROGRAM
1325 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.)
1326 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.)
1327 Sec. 1903. Distribution of publications to depositories;
notice to Government components; cost of printing and
binding.
Upon request of the Superintendent of Documents,
components of the Government ordering the printing of
publications shall either increase or decrease the number of
copies of publications furnished for distribution to
designated depository libraries and State libraries so that
the number of copies delivered to the Superintendent of
Documents is equal to the number of libraries on the list.
The number thus delivered may not be restricted by any
statutory limitation in force on August 9, 1962. Copies of
publications furnished the Superintendent of Documents for
distribution to designated depository libraries shall
include--
the journals of the Senate and House of
Representatives;
all publications, not confidential in
character, printed upon the requisition of a
congressional committee;
Senate and House public bills and
resolutions; and
reports on private bills, concurrent or
simple resolutions;
but not so-called cooperative publications which must
necessarily be sold in order to be self-sustaining.
The Superintendent of Documents shall currently inform
the components of the Government ordering printing of
publications as to the number copies of their publications
required for distribution to depository libraries. The cost
of printing and binding those publications distributed to
depository libraries obtained elsewhere than from the
Government Printing Office, shall be borne by components of
the Government responsible for their issuance; those
requisitioned from the Government Printing Office shall be
charged to appropriations provided the Superintendent of
Documents for that purpose. (Pub.L. 90-620, Oct. 22, 1968,
82 Stat. 1283.)
[[Page 1050]]
1328 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.)
1329 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.)
1330 Sec. 1906. Land-grant colleges constituted depositories.
Land-grant colleges are constituted depositories to
receive Government publications subject to the depository
laws. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1284.)
[[Page 1051]]
1331 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.)
1332 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.)
1333 Sec. 1912. Regional depositories; designation; functions;
disposal of publications.
Not more than two depository libraries in each State and
the Commonwealth of Puerto Rico may be designated as
regional depositories, and shall receive from the
Superintendent of Documents copies of all new and revised
Government publications authorized for distribution to
depository libraries. Designation of regional depository
libraries may be made by a Senator or the Resident
Commissioner from Puerto Rico within the areas served by
them, after approval by the head of the library authority of
the State or the Commonwealth of Puerto Rico, as the case
may be, who shall first ascertain from the head of the
[[Page 1052]]
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.)
1334 Sec. 1914. Implementation of depository library program by
Public Printer.
The Public Printer, with the approval of the Joint
Committee on Printing,3 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.)
1335 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.)
1336 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
1337 Sec. 2112. Presidential archival depository.
(a)(1) When the Archivist considers it to be in the
public interest, the Archivist may--
[[Page 1053]]
(A)(i) accept, for and in the name of the
United States, land, a facility, and equipment
offered as a gift to the United States for the
purpose of creating a Presidential archival
depository;
(ii) take title to the land, facility, and
equipment on behalf of the United States; and
(iii) maintain, operate, and protect the
land, facility, and equipment as a Presidential
archival depository and as part of the national
archives system; * * *
(3) Prior to accepting and taking title to any land,
facility, or equipment under subparagraph (A) of paragraph
(1), or prior to entering into any agreement under
subparagraph (B) of such paragraph or any other agreement to
accept or establish a Presidential archival depository, the
Archivist shall submit a written report on the proposed
Presidential archival depository to the President of the
Senate and the Speaker of the House of Representatives. The
report shall include--
(A) a description of the land, facility, and
equipment offered as a gift or to be made
available without transfer of title;
(B) a statement specifying the estimated
total cost of the proposed depository and the
amount of the endowment for the depository
required pursuant to subsection (g) of this
section;
(C) a statement of the terms of the proposed
agreement, if any;
(D) a general description of the types of
papers, documents, or other historical materials
proposed to be deposited in the depository to be
created, and of the terms of the proposed
deposit;
(E) a statement of any additional
improvements and equipment associated with the
development and operation of the depository, an
estimate of the costs of such improvements and
equipment, and a statement as to the extent to
which such costs will be incurred by any Federal
or State government agency;
(F) an estimate of the total annual cost to
the United States of maintaining, operating, and
protecting the depository; and
(G) a certification that such facility and
equipment (whether offered as a gift or made
available without transfer of title) comply with
standards promulgated by the Archivist pursuant
to paragraph (2) of this subsection.
(4) Prior to accepting any gift under subparagraph (C)
of paragraph (1) for the purpose of making any physical or
material change or addition to a Presidential archival
depository, or prior to implementing any provision of law
requiring the making of such a change or addition, the
Archivist shall submit a report in writing on the proposed
change or addition to the President of the Senate and the
Speaker of the House of Representatives. The report shall
include--
(A) a description of such gift;
(B) a statement specifying the estimated
total cost of the proposed physical or material
change or addition and the amount of the deposit
in an endowment for the depository required
pursuant to subsection (g) of this section in
order to meet the cost of such change or
addition;
(C) a statement of the purpose of the
proposed change or addition and a general
description of any papers, documents, or
historical materials proposed to be deposited in
the depository as a result of such change or
addition;
[[Page 1054]]
(D) a statement of any additional
improvements or equipment for the depository
associated with such change or addition;
(E) an estimate of the increase in the total
annual cost to the United States of maintaining,
operating, and protecting the depository that
will result from such change or addition; and
(F) a certification that the depository, and
the equipment therein will, after such change or
addition, comply with the standards promulgated
by the Archivist pursuant to paragraph (2) of
this subsection.
(5) The Archivist may not--
(A) accept or take title to land, a
facility, or equipment under subparagraph (A) of
paragraph (1) for the purpose of creating a
Presidential archival depository;
(B) enter into any agreement under
subparagraph (B) of such paragraph or any other
agreement to accept or establish a Presidential
archival depository; or
(C) accept any gift under subparagraph (C)
of such paragraph for the purpose of making any
physical or material change to a Presidential
archival depository, until the expiration of a
period of 60 days of continuous session of
Congress beginning on the date on which the
Archivist transmits the report required under
paragraph (3) of this subsection with respect to
such Presidential archival depository or the
report required under paragraph (4) of this
subsection with respect to such change or
addition, as the case may be.
(b) When the Archivist considers it to be in the public
interest, he may deposit in a Presidential archival
depository papers, documents, or other historical materials
accepted under section 2111 of this title, or Federal
records appropriate for preservation.
(c) When the Archivist considers it to be in the public
interest, he may exercise, with respect to papers,
documents, or other historical materials deposited under
this section, or otherwise, in a Presidential archival
depository, all the functions and responsibilities otherwise
vested in him pertaining to Federal records or other
documentary materials in his custody or under his control.
The Archivist, in negotiating for the deposit of
Presidential historical materials, shall take steps to
secure to the Government, as far as possible, the right to
have continuous and permanent possession of the materials.
Papers, documents, or other historical materials accepted
and deposited under section 2111 of this title and this
section are subject to restrictions as to their availability
and use stated in writing by the donors or depositors,
including the restriction that they shall be kept in a
Presidential archival depository. The restrictions shall be
respected for the period stated, or until revoked or
terminated by the donors or depositors or by persons legally
qualified to act on their behalf. Subject to the
restrictions, the Archivist may dispose by sale, exchange,
or otherwise, of papers, documents, or other materials which
the Archivist determines to have no permanent value or
historical interest or to be surplus to the needs of a
Presidential archival depository. Only the first two
sentences of this subsection shall apply to Presidential
records as defined in section 2201(2) of this title.
(d) When the Archivist considers it to be in the public
interest, he may cooperate with and assist a university,
institution of higher learning, institute, foundation, or
other organization or qualified individual
[[Page 1055]]
to further or to conduct study or research in historical
materials deposited in a Presidential archival depository.
(e) When the Archivist considers it to be in the public
interest, he may charge and collect reasonable fees for the
privilege of visiting and viewing exhibit rooms or museum
space or for the occasional, non-official use of rooms and
spaces (and services related to such use), in a Presidential
archival depository.
(f) When the Archivist considers it to be in the public
interest, he may provide reasonable office space in a
Presidential archival depository for the personal use of a
former President of the United States.
(g)(1) When the Archivist considers it to be in the
public interest, the Archivist may solicit and accept gifts
or bequests of money or other property for the purpose of
maintaining, operating, protecting, or improving a
Presidential archival depository. The proceeds of gifts or
bequests, together with the proceeds from fees or from sales
of historical materials, copies or reproductions, catalogs,
or other items, having to do with a Presidential archival
depository, shall be paid into an account in the National
Archives Trust Fund and shall be held, administered, and
expended for the benefit and in the interest of the
Presidential archival depository in connection with which
they were received, and for the same purposes and objects,
including custodial and administrative services for which
appropriations for the maintenance, operation, protection,
or improvement of Presidential archival depositories might
be expended.
(2) The Archivist shall provide for the establishment in
such Trust Fund of separate endowments for the maintenance
of the land, facility, and equipment of each Presidential
archival depository, to which shall be credited any gifts or
bequests received under paragraph (1) that are offered for
that purpose. Income to each such endowment shall be
available to cover the cost of facility operations, but
shall not be available for the performance of archival
functions under this title.
(3) The Archivist shall not accept or take title to any
land, facility, or equipment under subparagraph (A) of
subsection (a)(1), or enter into any agreement to use any
land, facility, or equipment under subparagraph (B) of such
subsection for the purpose of creating a Presidential
archival depository, unless the Archivist determines that
there is available, by gift or bequest for deposit under
paragraph (2) of this subsection in an endowment with
respect to such depository, an amount for the purpose of
maintaining such land, facility, and equipment equal to--
(A) the product of--
(i) the total cost of acquiring or
constructing such facility and of acquiring
and installing such equipment, multiplied by
(ii) 20 percent; plus
(B)(i) if title to the land is to be vested
in the United States, the product of--
(I) the total cost of acquiring the land
upon which such facility is located, or such
other measure of the value of such land as
is mutually agreed upon by the Archivist and
the donor, multiplied by
(II) 20 percent; or
(ii) if title to the land is not to be
vested in the United States, the product of--
[[Page 1056]]
(I) the total cost to the donor of any
improvements to the land upon which such
facility is located (other than such
facility and equipment), multiplied by
(II) 20 percent; plus
(C) if the Presidential archival depository
will exceed 70,000 square feet in area, an
amount equal to the product of--
(i) the sum of--
(I) the total cost described in
clause (i) of subparagraph (A); plus
(II) the total cost described in
subclause (I) or (II) of
subparagraph (B)(i), as the case may
be, multiplied by
(ii) the percentage obtained by dividing
the number of square feet by which such
depository will exceed 70,000 square feet by
70,000.
(4) If a proposed physical or material change or
addition to a Presidential archival depository would result
in an increase in the costs of facility operations, the
Archivist may not accept any gift under subparagraph (C) of
paragraph (1) for the purpose of making such a change or
addition, or may not implement any provision of law
requiring the making of such a change or addition, unless
the Archivist determines that there is available, by gift or
bequest for deposit under paragraph (2) of this subsection
in an endowment with respect to such depository, an amount
for the purpose of maintaining the land, facility, and
equipment of such depository equal to the difference
between--
(A) the amount which, pursuant to paragraph
(3) of this subsection, would have been required
to have been available for deposit in such
endowment with respect to such depository if
such change or addition had been included in
such depository on--
(i) the date on which the Archivist took
title to the land, facility, and equipment
for such depository under subparagraph (A)
of subsection (a)(1); or
(ii) the date on which the Archivist
entered into an agreement for the creation
of such depository under subparagraph (B) of
such paragraph, as the case may be; minus
(B) the amount which, pursuant to paragraph
(3) of this subsection, was required to be
available for deposit in such endowment with
respect to such depository on the date the
Archivist took such title or entered into such
agreement, as the case may be.
(5)(A) Notwithstanding paragraphs (3) and (4) (to the
extent that such paragraphs are inconsistent with this
paragraph), this subsection shall be administered in
accordance with this paragraph with respect to any
Presidential archival depository created as a depository for
the papers, documents, and other historical materials and
Presidential records pertaining to any President who takes
the oath of office as President for the first time on or
after July 1, 2002.
(B) For purposes of subparagraphs (A)(ii), (B)(i)(II),
and (B)(ii)(II) of paragraph (3) the percentage of 40
percent shall apply instead of 20 percent.
(C)(i) In this subparagraph, the term ``base endowment
amount'' means the amount of the endowment required under
paragraph (3).
(ii)(I) The Archivist may give credits against the base
endowment amount if the Archivist determines that the
proposed Presidential archival depository will have
construction features or equipment that are
[[Page 1057]]
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.)
1338 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
1339 Sec. 3303a. Examination by Archivist of lists and schedules
of records lacking preservation value; disposal of
records.
(a) The Archivist shall examine the lists and schedules
submitted to him under section 3303 of this title. If the
Archivist determines that any of the records listed in a
list or schedule submitted to him
[[Page 1058]]
do not, or will not after the lapse of the period specified,
have sufficient administrative, legal, research, or other
value to warrant their continued preservation by the
Government, he may, after publication of notice in the
Federal Register and an opportunity for interested persons
to submit comment thereon--
(1) notify the agency to that effect; and
(2) empower the agency to dispose of those
records in accordance with regulations
promulgated under section 3302 of this title.
(b) Authorizations granted under lists and schedules
submitted to the Archivist under section 3303 of this title,
and schedules promulgated by the Archivist under subsection
(d) of this section, shall be mandatory, subject to section
2909 of this title. As between an authorization granted
under lists and schedules submitted to the Archivist under
section 3303 of this title and an authorization contained in
a schedule promulgated under subsection (d) of this section,
application of the authorization providing for the shorter
retention period shall be required, subject to section 2909
of this title.
(c) The Archivist may request advice and counsel from
the Committee on Rules and Administration of the Senate and
the Committee on House Oversight of the House of
Representatives with respect to the disposal of any
particular records under this chapter whenever he considers
that--
(1) those particular records may be of
special interest to the Congress; or
(2) consultation with the Congress regarding
the disposal of those particular records is in
the public interest.
However, this subsection does not require the Archivist to
request such advice and counsel as a regular procedure in
the general disposal of records under this chapter.
(d) The Archivist shall promulgate schedules authorizing
the disposal, after the lapse of specified periods of time,
of records of a specified form or character common to
several or all agencies if such records will not, at the end
of the periods specified, have sufficient administrative,
legal, research, or other value to warrant their further
preservation by the United States Government.
(e) The Archivist may approve and effect the disposal of
records that are in his legal custody, provided that records
that had been in the custody of another existing agency may
not be disposed of without the written consent of the head
of the agency.
(f) The Archivist shall make an annual report to the
Congress concerning the disposal of records under this
chapter, including general descriptions of the types of
records disposed of and such other information as he
considers appropriate to keep the Congress fully informed
regarding the disposal of records under this chapter. (Added
Pub.L. 91-287, Sec. 1, June 23, 1970, 84 Stat. 320, and
amended Pub.L. 95-440, Sec. 1, Oct. 10, 1978, 92 Stat. 1063;
Pub.L. 98-497, Title I, Sec. 107(b)(24), (25)(B), Title II,
Sec. 204, Oct. 19, 1984, 98 Stat. 2290, 2294; Pub.L. 104-
186, Title II, Sec. 223(10), Aug. 20, 1996, 110 Stat. 1752;
Pub.L. 108-383, Sec. 2(b), Oct. 30, 2004, 118 Stat. 2218.)
[[Page 1059]]
Chapter 35.--COORDINATION OF FEDERAL INFORMATION POLICY
Subchapter I.--Federal Information Policy
1340 Sec. 3501. Purposes.
The purposes of this subchapter are to--
(1) minimize the paperwork burden for
individuals, small businesses, educational and
nonprofit institutions, Federal contractors,
State, local and tribal governments, and other
persons resulting from the collection of
information by or for the Federal Government;
(2) ensure the greatest possible public
benefit from and maximize the utility of
information created, collected, maintained,
used, shared and disseminated by or for the
Federal Government;
(3) coordinate, integrate, and to the extent
practicable and appropriate, make uniform
Federal information resources management
policies and practices as a means to improve the
productivity, efficiency, and effectiveness of
Government programs, including the reduction of
information collection burdens on the public and
the improvement of service delivery to the
public;
(4) improve the quality and use of Federal
information to strengthen decisionmaking,
accountability, and openness in Government and
society;
(5) minimize the cost to the Federal
Government of the creation, collection,
maintenance, use, dissemination, and disposition
of information;
(6) strengthen the partnership between the
Federal Government and State, local, and tribal
governments by minimizing the burden and
maximizing the utility of information created,
collected, maintained, used, disseminated, and
retained by or for the Federal Government;
(7) provide for the dissemination of public
information on a timely basis, on equitable
terms, and in a manner that promotes the utility
of the information to the public and makes
effective use of information technology;
(8) ensure that the creation, collection,
maintenance, use, dissemination, and disposition
of information by or for the Federal Government
is consistent with applicable laws, including
laws relating to--
(A) privacy and confidentiality,
including section 552a of title 5;
(B) security of information, including
section 11332 of title 40; and
(C) access to information, including
section 552 of title 5;
(9) ensure the integrity, quality, and
utility of the Federal statistical system;
(10) ensure that information technology is
acquired, used, and managed to improve
performance of agency missions, including the
reduction of information collection burdens on
the public; and
(11) improve the responsibility and
accountability of the Office of Management and
Budget and all other Federal agencies to
Congress and to the public for implementing the
information collection review process,
information resources management, and related
policies and guidelines established under this
subchapter. (Pub.L. 96-511, Sec. 2(a), Dec. 11,
1980, 94 Stat. 2812; Pub.L. 99-591, Title VIII,
[[Page 1060]]
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.)
1341 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.)
1342 Sec. 3505. Assignment of tasks and deadlines.
(a) In carrying out the functions under this subchapter,
the Director shall--
(1) in consultation with agency heads, set
an annual Governmentwide goal for the reduction
of information collection burdens by at least 10
percent during each of fiscal years 1996 and
1997 and 5 percent during each of fiscal years
1998, 1999, 2000, and 2001, and set annual
agency goals to--
(A) reduce information collection
burdens imposed on the public that--
(i) represent the maximum
practicable opportunity in each
agency; and
(ii) are consistent with
improving agency management of the
process for the review of
collections of information
established under section 3506(c);
and
(B) improve information resources
management in ways that increase the
productivity, efficiency and effectiveness
of Federal programs, including service
delivery to the public;
(2) with selected agencies and non-Federal
entities on a voluntary basis, conduct pilot
projects to test alternative policies,
practices, regulations, and procedures to
fulfill the purposes of this subchapter,
particularly with regard to minimizing the
Federal information collection burden; and
(3) in consultation with the Administrator
of General Services, the Director of the
National Institute of Standards and Technology,
the Archivist of the United States, and the
Director of the Office of Personnel Management,
develop and maintain a Governmentwide strategic
plan for information resources management, that
shall include--
(A) a description of the objectives and
the means by which the Federal Government
shall apply information resources to improve
agency and program performance;
(B) plans for--
[[Page 1061]]
(i) reducing information burdens
on the public, including reducing
such burdens through the elimination
of duplication and meeting shared
data needs with shared resources;
(ii) enhancing public access to
and dissemination of, information,
using electronic and other formats;
and
(iii) meeting the information
technology needs of the Federal
Government in accordance with the
purposes of this subchapter; and
(C) a description of progress in
applying information resources management to
improve agency performance and the
accomplishment of missions.
(b) For purposes of any pilot project conducted under
subsection (a)(2), the Director may, after consultation with
the agency head, waive the application of any administrative
directive issued by an agency with which the project is
conducted, including any directive requiring a collection of
information, after giving timely notice to the public and
the Congress regarding the need for such waiver.
(c) Inventory of Major Information Systems.--(1) The
head of each agency shall develop and maintain an inventory
of major information systems (including major national
security systems) operated by or under the control of such
agency;
(2) The identification of information systems in an
inventory under this subsection shall include an
identification of the interfaces between each such system
and all other systems or networks, including those not
operated by or under the control of the agency;
(3) Such inventory shall be--
(A) updated at least annually;
(B) made available to the Comptroller
General; and
(C) used to support information resources
management, including--
(i) preparation and maintenance of the
inventory of information resources under
section 3506(b)(4);
(ii) information technology planning,
budgeting, acquisition, and management under
section 3506(h), subtitle III of title 40,
and related laws and guidance;
(iii) monitoring, testing, and
evaluation of information security controls
under subchapter II;
(iv) preparation of the index of major
information systems required under section
552(g) of title 5, United States Code; and
(v) preparation of information system
inventories required for records management
under chapters 21, 29, 31, and 33.
(4) The Director shall issue guidance for and oversee
the implementation of the requirements of this subsection.
(Added Pub.L. 96-511, Sec. 2(a), Dec. 11, 1980, 94 Stat.
2818; and amended Pub.L. 99-500, Title I, Sec. 101(m),
[Title VIII, Sec. 815], Oct. 18, 1986, 100 Stat. 1783-337;
Pub.L. 99-591, Title I, Sec. 101(m), [Title VIII, Sec. 815],
Oct. 30, 1986, 100 Stat. 3341-337; Pub.L. 104-13, May 22,
1995, 109 Stat. 170; Pub.L. 106-398, Oct. 30, 2000, 114
Stat. 1654A-275; Pub.L. 107-296, Sec. 1005(c)(2), Nov. 25,
2002, 116 Stat. 2272; Pub.L. 107-347, Sec. 305(c)(2), Dec.
17, 2002, 116 Stat. 2961.)
[[Page 1062]]
1343 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.)